[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-15 Thread Wise, Alicia (ELS-OXF)
Hi all,

 

Thanks for the various responses about positive things for which
publishers should be encouraged, celebrated, recognized.  I'm on the
road for a bit (so won't be able to stay so actively involved in the
discussion although I will continue to read/reflect with interest!), but
thought it might be helpful to do a little round-up of some of the ideas
that have surfaced.  So in no particular order...

 

Peter B - thanks for the constructive thought piece, and suggestion for
an open access journal in remote sensing.  I'm sure all the publishers
on this list have taken note!  In the interim if you would like your
article to be published in one of our established journals you could
make it freely available for non-commercial reuse through our
sponsorship (i.e. hybrid oa) option. I note your (and David's and Jan's
and Peter M-R's) preference for a CC-BY licensing option. We are
currently in a test and learn phase and experimenting with a number of
licensing options. 

 

Reme - you would like all publishers to allow immediate green oa
posting.  What do you think some of the potential concerns about this
might be, and how might those concerns be alleviated?

 

Stevan - You want the same.  With our posting policy our intent is
certainly not to confuse or intimidate authors, but to ensure the
sustainability of the journals in which they choose to publish.  Perhaps
the Finch group will shed light on how to solve this challenge!

 

Falk - you asked under what conditions Elsevier would be willing to
change the business model from subscriptions to OA.  I'm not quite sure
about the scope of your question, so will answer at two levels of
granularity.  We already use both open access and subscription (and
other!) business models and will continue to do so.  If you are thinking
of the conditions to flip the business model of an individual journal
title, then we - and other publishers too, no doubt - will be very
interested to participate in and learn from initiatives such as SCOAP3. 

 

Bernhard - you asked if our posting agreements involve payments to
Elsevier by the funding bodies and/or authors and/or authors
institutions.  If an institution is willing to use an embargo period
before the manuscript is made publicly available, then no payment is
involved.  Some funders/institutions prefer to make manuscripts
available before the article's embargo period has expired, and in these
cases sometimes a gold oa agreement or a blended gold/green agreement is
more suitable.  I'm happy to talk offline if you (or anyone else on the
list) would like to explore further.  

 

Keith - one of your questions was how to get free access to researchers
and the public everywhere.  What are your thoughts on initiatives such
as Research4Life (http://www.research4life.org/) or the APS programme to
provide free access in public libraries
(http://www.physicsforums.com/showthread.php?t=419118)?  Good
initiatives worth celebrating?

 

Laurent - thank you for the suggestion that a clause allowing full data
mining should be a systematic component of any subscription agreement,
in particular in the case of big deals or national license programs.

 

David - you provided helpful examples of publishers using gold oa
publishing models (and this is another opportunity to draw attention to
the wide array of signatories for the STM statement that publishers
support sustainable open access
http://www.stm-assoc.org/publishers-support-sustainable-open-access/).
Also constructive are your comments that support publishers who make
obvious which papers are oa, and your encouragement for publishers to
invest in order to get their various back office processes in order.  I
also note your (and Jan's and Peter M-R's and Peter's) strong preference
for CC-BY licensing.

 

Dan - you noted schema.org and suggested that authors should not only
post articles but standardized metadata for them as well.  Is there a
potential supportive role for librarians and/or publishers to play here?
How might they be encouraged/incentivized to play it?

 

Sally - great to see you taking active part in this discussion!!

 

Peter M-R - You are frustrated by, and distrust, publishers.  Despite
this it may still be more practical to work with us to evolve the
current system into one more to your liking than to create a completely
new one.  Either way we agree absolutely that content mining is
essential to advance science, but perhaps will need to agree to disagree
(at least for the time being) about the best tactics to enable this to
happen more broadly.

 

Jan - thank you for the constructive suggestion to make all the journal
material available with delayed open access (CC-BY, fully re-usable and
mine-able) after a reasonable embargo period.  Why do you suppose it is
that more publishers have not done just this, and are there any ways to
offer reassurance or otherwise help to overcome any real or perceived
barriers?

 

Eric - thanks for the constructive posting just 

[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-15 Thread Bernard Rentier - IMAP
To answer Alicia Wise's query, 6 proposals of positive things from publishers 
that should be encouraged :

Allow systematically and under no condition and at no cost depositing the 
peer-reviewed postprint – either the author's refereed, revised final draft or 
— even better for the Publishers publicity — the publisher's version of record 
in the author's institutional repository.
Remove from authors' contracts the need to sign away their rights and transform 
it into a non exclusive license of their rights.
Agree that by default, part of the rights on an article belong to the author's 
Institution if public and/or to the Funding organization, if public.
Reduce significantly (or at least freeze for 5 years) the purchasing cost of 
periodicals, then increase at the real inflation rate, officially measured in 
Western countries (1-3 % per year).
Reduce significantly the number of periodical titles published, aiming for 
excellence and getting rid of the mediocre title which are bundled in 
Elsevier's Big Deals and similar deals by other publishers. This would 
reduce their monopolistic position.
Reward Institutions for the work provided by reviewers, editors and… authors, 
either directly or indirectly through lower subscription costs.

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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-15 Thread Stevan Harnad
** Cross-Posted **

On Mon, May 14, 2012 at 6:59 PM, Wise, Alicia (ELS-OXF)
a.w...@elsevier.com wrote:

 ...you would like all publishers to allow immediate green oa posting.
 What do you think some of the potential concerns about this might be, and
 how might those concerns be alleviated?

 ...With our posting policy our intent is certainly
 not to confuse or intimidate authors, but to ensure the sustainability of
 the journals in which they choose to publish.  Perhaps the Finch group will
 shed light on how to solve this challenge!

The concern is not about Elsevier's business goals but about the *meaning*
of a self-contradictory publisher agreement (sic) on the rights (sic) retained
(sic) by Elsevier authors that states:

[As Elsevier author you retain] the right to post a revised
personal version of the text of the final journal article
(to reflect changes made in the peer review process)
on your personal or institutional website or server for
scholarly purposes

and then follow it by a clause that contains the following
piece  of unmitigated FUD that (if authors and institutions
don't ignore it completely, as they should) contradicts
everything that came before it:

(but not in... institutional repositories with mandates
for systematic postings unless there is a specific
agreement with the publisher).

An author right is either retained or it is not. And if
it is a right, and it is retained, and a publisher agreement
formally states that it is retained, then the author can
exercise that retained right irrespective of whether the
author's institution mandates that the author should
exercise that retained right.

It is as simple as that. And any attempt by Elsevier
to defend retaining the clause is just more FUD:
A right is a right (and a formal publisher agreement
attesting that it is a right is only an agreement) only
if the agreed author right can be exercised without
requiring further publisher agreement.

Stevan Harnad

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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-15 Thread Dan Brickley
On 15 May 2012 00:59, Wise, Alicia (ELS-OXF) a.w...@elsevier.com wrote:

 Dan – you noted schema.org and suggested that authors should not only post
 articles but standardized metadata for them as well.  Is there a potential
 supportive role for librarians and/or publishers to play here?  How might
 they be encouraged/incentivized to play it?

The single biggest supportive role publishers could play right now, is
to unambiguously clarify that institutional mandates don't affect
author's rights to post to websites and repositories. How might
publishers be persuaded to do this? Why guess, when we can ask them
directly - what would it take to see the following change?:

 He is correct that all our authors can post voluntarily to their websites and 
 institutional repositories.  Posting is also fine where there is a 
 requirement/mandate AND we have an agreement in place.

Just replace AND with , regardless of whether and we're good to
go. Without that, no end of confusion.

On the metadata front, publishers will likely want to make sure there
are useful entry points into their various Web sites (by topic, author
etc.) that HTML-oriented per-article metadata can usefully include.
Assuming they have some use for greater incoming Web traffic...

cheers,

Dan

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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-15 Thread Bernard Rentier - IMAP
To answer Alicia Wise's query, 6 proposals of positive things from publishers
that should be encouraged :
 1. Allow systematically and under no condition and at no cost depositing the
peer-reviewed postprint – either the author's refereed, revised final 
draft
or — even better for the Publishers publicity — the publisher's 
version of
record in the author's institutional repository.
 2. Remove from authors' contracts the need to sign away their rights and
transform it into a non exclusive license of their rights.
 3. Agree that by default, part of the rights on an article belong to the
author's Institution if public and/or to the Funding organization, if
public.
 4. Reduce significantly (or at least freeze for 5 years) the purchasing cost of
periodicals, then increase at the real inflation rate, officially measured
in Western countries (1-3 % per year).
 5. Reduce significantly the number of periodical titles published, aiming for
excellence and getting rid of the mediocre title which are bundled in
Elsevier's Big Deals and similar deals by other publishers. This would
reduce their monopolistic position.
 6. Reward Institutions for the work provided by reviewers, editors and…
authors, either directly or indirectly through lower subscription costs.

Bernard Rentier



[ Part 2: Attached Text ]

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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-13 Thread Stevan Harnad
** Cross-Posted **

On Sat, May 12, 2012 at 4:49 PM, Peter Murray-Rust pm...@cam.ac.uk wrote:

 On Sat, May 12, 2012 at 9:10 PM, Stevan Harnad amscifo...@gmail.com wrote:

 On Sat, May 12, 2012, Alicia Wise (Elsevier Director of Universal
 Access) wrote:

 It will be very helpful in helping researchers to provide -- and their
 institutions and funders to mandate -- Open Access if Elsevier drops
 its you may if you wish but not if you must clause, which is not
 only incoherent, but intimidates authors.

 Stevan,
 Could you please explain this clause? (This is my ignorance as I don't
 publish with Elevier and so am unfamiliar with their author-side contracts).
 Does it mean that Elsevier sometimes allows Green Open Access and sometimes 
 don't?

It means that Elsevier formally endorses its authors' right to make
their final, peer-reviewed drafts Open Access immediately upon
publication (no embargo) by posting them on their institutional
website (Green Gratis OA) -- but not in institutional repositories
with mandates for systematic postings.

The distinction between an institutional website and an institutional
repository is bogus.

The distinction between nonmandatory posting (allowed) and mandatory
posting (not allowed) is arbitrary nonsense. (You retain the right to
post if you wish but not if you must!)

The systematic criterion is also nonsense. (Systematic posting would
be the institutional posting of all the articles in the journal; but
any single institution only contributes a tiny, arbitrary fraction of
the articles in any journal, just as any single author does; so the
mandating institution would not be a 3rd-party free-rider on the
journal's content: its researchers would simply be making their own
articles OA, by posting them on their institutional website, exactly
as described.)

This systematic clause is hence pure FUD, designed to scare or bully
or confuse institutions into not mandating posting, and authors into
not complying with their institutional mandates. (There are also
rumours that in confidential licensing negotiations with institutions,
Elsevier has been trying to link bigger and better pricing deals to
the institution's agreeing not to adopt a Green OA mandate.)

Along with the majority of publishers today, Elsevier is a Green
publisher: It has endorsed immediate (unembargoed) institutional Green
OA posting by its authors ever since 27 May 2004:
http://users.ecs.soton.ac.uk/harnad/Hypermail/Amsci/3771.html

Elsevier's public image is so bad today that rescinding its Green
light to self-archive after almost a decade of mounting demand for OA
is hardly a very attractive or viable option:
http://cdn.anonfiles.com/1334923359479.pdf
http://www.eprints.org/openaccess/self-faq/#32.Poisoned

And double-talk, smoke-screens and FUD are even less attractive:
http://openaccess.eprints.org/index.php?/archives/822-.html

It will be very helpful in helping researchers to provide -- and their
institutions and funders to mandate -- Open Access if Elsevier drops
its you may if you wish but not if you must clause, which is not
only incoherent, but intimidates authors. (This would also help
counteract some of the rather bad press Elsevier has been getting
lately...)

Stevan Harnad
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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-13 Thread Peter Murray-Rust
On Sun, May 13, 2012 at 4:06 PM, Stevan Harnad amscifo...@gmail.com wrote:

 ** Cross-Posted **

 On Sat, May 12, 2012 at 4:49 PM, Peter Murray-Rust pm...@cam.ac.uk
 wrote:
 
  On Sat, May 12, 2012 at 9:10 PM, Stevan Harnad amscifo...@gmail.com
 wrote:
 
 
  Stevan,
  Could you please explain this clause? (This is my ignorance as I don't
  publish with Elevier and so am unfamiliar with their author-side
 contracts).
  Does it mean that Elsevier sometimes allows Green Open Access and
 sometimes don't?

 It means that Elsevier formally endorses its authors' right to make
 their final, peer-reviewed drafts Open Access immediately upon
 publication (no embargo) by posting them on their institutional
 website (Green Gratis OA) -- but not in institutional repositories
 with mandates for systematic postings.

 It is exactly this sort of clause - usually badly written - that is
widespread in publishers documents (if you can even find them).  Just
remember that *we* pay for their lawyers' salaries. The strategy is common
and exemplified by Ross Mounce's work on licences. Make it complex and make
it different from every other publisher. Never use a single
community-agreed approach.

If the publishers wanted to make it simple and professional it could have
been done a decade ago. It's not hard. A protocol and licence saying what
could/not be done in Green OA.

What I worry about is that the publishers can change the rules whenever
they feel like. They are quit capable of saying it's Green just as Wiley
has done for highly paid Fully Open Access (not even as green as Stevan
is asking for).

The point is that these rules are made by people who don't care about
scholarly publishing. The sooner we admit we are dealing with an industry
every bit as lovable as bankers the sooner we'll put in place *our* rules
and not theirs.






 The distinction between an institutional website and an institutional
 repository is bogus.

 Of course it is. Unless you are trying to appear helpful and trying not to
be.


 The distinction between nonmandatory posting (allowed) and mandatory
 posting (not allowed) is arbitrary nonsense. (You retain the right to
 post if you wish but not if you must!)


Of course it is. It takes a highly paid marketeer to dream that up.


 The systematic criterion is also nonsense. (Systematic posting would
 be the institutional posting of all the articles in the journal; but
 any single institution only contributes a tiny, arbitrary fraction of
 the articles in any journal, just as any single author does; so the
 mandating institution would not be a 3rd-party free-rider on the
 journal's content: its researchers would simply be making their own
 articles OA, by posting them on their institutional website, exactly
 as described.)

 This systematic clause is hence pure FUD, designed to scare or bully
 or confuse institutions into not mandating posting, and authors into
 not complying with their institutional mandates. (There are also
 rumours that in confidential licensing negotiations with institutions,
 Elsevier has been trying to link bigger and better pricing deals to
 the institution's agreeing not to adopt a Green OA mandate.)

 That's why I raised it a few days ago. We are dealing with people many of
whose staff have probably never seen a scholarly pub.


 Along with the majority of publishers today, Elsevier is a Green
 publisher: It has endorsed immediate (unembargoed) institutional Green
 OA posting by its authors ever since 27 May 2004:
 http://users.ecs.soton.ac.uk/harnad/Hypermail/Amsci/3771.html

 But that is no a legally binding contract and that's the problem.


 Elsevier's public image is so bad today that rescinding its Green
 light to self-archive after almost a decade of mounting demand for OA
 is hardly a very attractive or viable option:
 http://cdn.anonfiles.com/1334923359479.pdf
 http://www.eprints.org/openaccess/self-faq/#32.Poisoned

 And double-talk, smoke-screens and FUD are even less attractive:
 http://openaccess.eprints.org/index.php?/archives/822-.html

 It will be very helpful in helping researchers to provide -- and their
 institutions and funders to mandate -- Open Access if Elsevier drops
 its you may if you wish but not if you must clause, which is not
 only incoherent, but intimidates authors. (This would also help
 counteract some of the rather bad press Elsevier has been getting
 lately...)


I actually suspect that no-one reading this list has any power to change
Elsevier policy - it's set at boardroom level by people who could be
selling soap.




-- 
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069
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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-13 Thread Wise, Alicia (ELS-OXF)
Hi all,

 

Stevan Harnad has helpfully summarized Elsevier's posting policy for
accepted author manuscripts, but has left out a couple of really
important elements.  

 

He is correct that all our authors can post voluntarily to their
websites and institutional repositories.  Posting is also fine where
there is a requirement/mandate AND we have an agreement in place.  We
have a growing number of these agreements. 

 

An overview of our funding body agreements can be read here:
www.elsevier.com/wps/find/authorsview.authors/fundingbodyagreements .
These agreements, for example, mean that we post to UKPMC for authors
who receive funding from a number of funding agencies including the
Wellcome Trust.  We deposit manuscripts into PMC for NIH-funded authors.
Posting in the arXiv is fine too.  

 

We are also piloting open access agreements with a growing number of
institutions, including posting in institutional repositories.  It is
already clear that one size does not fit all institutions, and we are
keen to continue learning, listening, and partnering.

 

Our access policies can be read in full at
www.elsevier.com/wps/find/intro.cws_home/access_policies (health
warning: they are written for those who really enjoy detail) and we've
been working on a more friendly and succinct summary too (but this is
still a work in progress).

   

With kind wishes,

 

Alicia

 

 

 

Dr Alicia Wise

Director of Universal Access

Elsevier I The Boulevard I Langford Lane I Kidlington I Oxford I OX5 1GB

P: +44 (0)1865 843317 I M: +44 (0) 7823 536 826 I E: a.w...@elsevier.com
I 

Twitter: @wisealic

 

 

 

 

From: goal-boun...@eprints.org [mailto:goal-boun...@eprints.org] On
Behalf Of Peter Murray-Rust
Sent: 13 May 2012 16:51
To: Global Open Access List (Successor of AmSci)
Cc: LibLicense-L Discussion Forum
Subject: [GOAL] Re: Elsevier's query re: positive things from
publishers that should be encouraged, celebrated, recognized

 

 

On Sun, May 13, 2012 at 4:06 PM, Stevan Harnad amscifo...@gmail.com
wrote:

** Cross-Posted **


On Sat, May 12, 2012 at 4:49 PM, Peter Murray-Rust pm...@cam.ac.uk
wrote:

 On Sat, May 12, 2012 at 9:10 PM, Stevan Harnad amscifo...@gmail.com
wrote:


 Stevan,
 Could you please explain this clause? (This is my ignorance as I don't
 publish with Elevier and so am unfamiliar with their author-side
contracts).
 Does it mean that Elsevier sometimes allows Green Open Access and
sometimes don't?

It means that Elsevier formally endorses its authors' right to make
their final, peer-reviewed drafts Open Access immediately upon
publication (no embargo) by posting them on their institutional
website (Green Gratis OA) -- but not in institutional repositories
with mandates for systematic postings.

It is exactly this sort of clause - usually badly written - that is
widespread in publishers documents (if you can even find them).  Just
remember that *we* pay for their lawyers' salaries. The strategy is
common and exemplified by Ross Mounce's work on licences. Make it
complex and make it different from every other publisher. Never use a
single community-agreed approach. 

If the publishers wanted to make it simple and professional it could
have been done a decade ago. It's not hard. A protocol and licence
saying what could/not be done in Green OA.

What I worry about is that the publishers can change the rules whenever
they feel like. They are quit capable of saying it's Green just as
Wiley has done for highly paid Fully Open Access (not even as green as
Stevan is asking for). 

The point is that these rules are made by people who don't care about
scholarly publishing. The sooner we admit we are dealing with an
industry every bit as lovable as bankers the sooner we'll put in place
*our* rules and not theirs.




 

The distinction between an institutional website and an
institutional
repository is bogus.

Of course it is. Unless you are trying to appear helpful and trying not
to be.
 

The distinction between nonmandatory posting (allowed) and
mandatory
posting (not allowed) is arbitrary nonsense. (You retain the
right to
post if you wish but not if you must!)


Of course it is. It takes a highly paid marketeer to dream that up. 


The systematic criterion is also nonsense. (Systematic posting
would
be the institutional posting of all the articles in the journal;
but
any single institution only contributes a tiny, arbitrary
fraction of
the articles in any journal, just as any single author does; so
the
mandating institution would not be a 3rd-party free-rider on
the
journal's content: its researchers would simply be making their
own
articles OA, by posting them on their institutional website,
exactly
as described.)

This systematic clause is hence pure FUD, designed to scare or
bully
or confuse institutions into not mandating posting, and authors

[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-13 Thread Stevan Harnad
** Cross-Posted **

On Sat, May 12, 2012 at 4:49 PM, Peter Murray-Rust pm...@cam.ac.uk wrote:

 On Sat, May 12, 2012 at 9:10 PM, Stevan Harnad amscifo...@gmail.com wrote:

 On Sat, May 12, 2012, Alicia Wise (Elsevier Director of Universal
 Access) wrote:

 It will be very helpful in helping researchers to provide -- and their
 institutions and funders to mandate -- Open Access if Elsevier drops
 its you may if you wish but not if you must clause, which is not
 only incoherent, but intimidates authors.

 Stevan,
 Could you please explain this clause? (This is my ignorance as I don't
 publish with Elevier and so am unfamiliar with their author-side contracts).
 Does it mean that Elsevier sometimes allows Green Open Access and sometimes 
 don't?

It means that Elsevier formally endorses its authors' right to make
their final, peer-reviewed drafts Open Access immediately upon
publication (no embargo) by posting them on their institutional
website (Green Gratis OA) -- but not in institutional repositories
with mandates for systematic postings.

The distinction between an institutional website and an institutional
repository is bogus.

The distinction between nonmandatory posting (allowed) and mandatory
posting (not allowed) is arbitrary nonsense. (You retain the right to
post if you wish but not if you must!)

The systematic criterion is also nonsense. (Systematic posting would
be the institutional posting of all the articles in the journal; but
any single institution only contributes a tiny, arbitrary fraction of
the articles in any journal, just as any single author does; so the
mandating institution would not be a 3rd-party free-rider on the
journal's content: its researchers would simply be making their own
articles OA, by posting them on their institutional website, exactly
as described.)

This systematic clause is hence pure FUD, designed to scare or bully
or confuse institutions into not mandating posting, and authors into
not complying with their institutional mandates. (There are also
rumours that in confidential licensing negotiations with institutions,
Elsevier has been trying to link bigger and better pricing deals to
the institution's agreeing not to adopt a Green OA mandate.)

Along with the majority of publishers today, Elsevier is a Green
publisher: It has endorsed immediate (unembargoed) institutional Green
OA posting by its authors ever since 27 May 2004:
http://users.ecs.soton.ac.uk/harnad/Hypermail/Amsci/3771.html

Elsevier's public image is so bad today that rescinding its Green
light to self-archive after almost a decade of mounting demand for OA
is hardly a very attractive or viable option:
http://cdn.anonfiles.com/1334923359479.pdf
http://www.eprints.org/openaccess/self-faq/#32.Poisoned

And double-talk, smoke-screens and FUD are even less attractive:
http://openaccess.eprints.org/index.php?/archives/822-.html

It will be very helpful in helping researchers to provide -- and their
institutions and funders to mandate -- Open Access if Elsevier drops
its you may if you wish but not if you must clause, which is not
only incoherent, but intimidates authors. (This would also help
counteract some of the rather bad press Elsevier has been getting
lately...)

Stevan Harnad
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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-13 Thread Peter Murray-Rust


On Sun, May 13, 2012 at 4:06 PM, Stevan Harnad amscifo...@gmail.com wrote:
  ** Cross-Posted **

  On Sat, May 12, 2012 at 4:49 PM, Peter Murray-Rust pm...@cam.ac.uk
  wrote:
  
   On Sat, May 12, 2012 at 9:10 PM, Stevan Harnad
  amscifo...@gmail.com wrote:
  
  
   Stevan,
   Could you please explain this clause? (This is my ignorance as I
  don't
   publish with Elevier and so am unfamiliar with their author-side
  contracts).
   Does it mean that Elsevier sometimes allows Green Open Access and
  sometimes don't?

It means that Elsevier formally endorses its authors' right to make
their final, peer-reviewed drafts Open Access immediately upon
publication (no embargo) by posting them on their institutional
website (Green Gratis OA) -- but not in institutional repositories
with mandates for systematic postings.

It is exactly this sort of clause - usually badly written - that is widespread
in publishers documents (if you can even find them).  Just remember that *we*
pay for their lawyers' salaries. The strategy is common and exemplified by Ross
Mounce's work on licences. Make it complex and make it different from every
other publisher. Never use a single community-agreed approach.

If the publishers wanted to make it simple and professional it could have been
done a decade ago. It's not hard. A protocol and licence saying what could/not
be done in Green OA.

What I worry about is that the publishers can change the rules whenever they
feel like. They are quit capable of saying it's Green just as Wiley has done
for highly paid Fully Open Access (not even as green as Stevan is asking for).

The point is that these rules are made by people who don't care about scholarly
publishing. The sooner we admit we are dealing with an industry every bit as
lovable as bankers the sooner we'll put in place *our* rules and not theirs.




 
  The distinction between an institutional website and an
  institutional
  repository is bogus.

Of course it is. Unless you are trying to appear helpful and trying not to be.
 
  The distinction between nonmandatory posting (allowed) and mandatory
  posting (not allowed) is arbitrary nonsense. (You retain the right
  to
  post if you wish but not if you must!)


Of course it is. It takes a highly paid marketeer to dream that up.

  The systematic criterion is also nonsense. (Systematic posting
  would
  be the institutional posting of all the articles in the journal; but
  any single institution only contributes a tiny, arbitrary fraction
  of
  the articles in any journal, just as any single author does; so the
  mandating institution would not be a 3rd-party free-rider on the
  journal's content: its researchers would simply be making their own
  articles OA, by posting them on their institutional website, exactly
  as described.)

  This systematic clause is hence pure FUD, designed to scare or
  bully
  or confuse institutions into not mandating posting, and authors into
  not complying with their institutional mandates. (There are also
  rumours that in confidential licensing negotiations with
  institutions,
  Elsevier has been trying to link bigger and better pricing deals to
  the institution's agreeing not to adopt a Green OA mandate.)

That's why I raised it a few days ago. We are dealing with people many of whose
staff have probably never seen a scholarly pub.
 
  Along with the majority of publishers today, Elsevier is a Green
  publisher: It has endorsed immediate (unembargoed) institutional
  Green
  OA posting by its authors ever since 27 May 2004:
  http://users.ecs.soton.ac.uk/harnad/Hypermail/Amsci/3771.html

But that is no a legally binding contract and that's the problem.
 
  Elsevier's public image is so bad today that rescinding its Green
  light to self-archive after almost a decade of mounting demand for
  OA
  is hardly a very attractive or viable option:
  http://cdn.anonfiles.com/1334923359479.pdf
  http://www.eprints.org/openaccess/self-faq/#32.Poisoned

  And double-talk, smoke-screens and FUD are even less attractive:
  http://openaccess.eprints.org/index.php?/archives/822-.html

  It will be very helpful in helping researchers to provide -- and
  their
  institutions and funders to mandate -- Open Access if Elsevier drops
  its you may if you wish but not if you must clause, which is not
only incoherent, but intimidates authors. (This would also help
counteract some of the rather bad press Elsevier has been getting
lately...)


I actually suspect that no-one reading this list has any power to change
Elsevier policy - it's set at boardroom level by people who could be selling
soap.




--
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069



[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-12 Thread Peter Murray-Rust
On Sat, May 12, 2012 at 12:28 PM, Stevan Harnad har...@ecs.soton.ac.ukwrote:

 For my part I will continue my narrow focus on the goal of getting OA
 (sic) universally provided. It had been my (foolish) fancy that that was
 GOAL's goal too!


I am quite happy for the list members, guided by the moderator, to decide
whether or not content mining should be in scope for this list. If they
decide not, I'm happy - in conjunction with others - to explore a new list.
It may be the best solution. And in any case I should applaud Stevan for
having created the GOAL list and also decided to hand it over to RP when
the time was right. In Open Source I have termed this the Doctor Who
model. (
http://tech.slashdot.org/story/09/06/19/1326254/the-doctor-who-model-of-open-source)

[...]


 PS For the terminologically tipsy: Unrestricted article content-mining,
 like Google's book content-mining, would allow the extraction and
 republication of factual data from journal articles by licensees, but it
 would not provide unlicensed users with access to the full-text.


That is very clearly put and effectively exactly what I am asking for.

I'm not quite sure what terminology has to do with it - I don't know a
formal term for it - yet.






-- 
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069
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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-12 Thread Stevan Harnad
On 2012-05-11, at 6:47 PM, Peter Murray-Rust wrote:

  Alicia Wise already knows my reply - she has had enough email from
  me. The publishers should withdraw contractual restrictions on
  content-mining. That's all they need to do.

  If Alicia Wise can say yes to me unreservedly, I'll be happy.


So let's all forget about OA... 

(If I were a subscription publisher, eager to sustain my income streams, I would
certainly be more than happy  to accommodate this low bar in order to put 
paid
to the clamour for OA. It would even help draw users to my paid content, the way
Google's book content-mining does!)

Human cognition is endlessly puzzling. I'm good on OA but hopeless on human
cognition (even though that's my research specialty, not OA!). Social historians
will do a better job making sense of it all (but only after the present
generation is gone and the web generation has become the senior one).

For my part I will continue my narrow focus on the goal of getting OA (sic)
universally provided. It had been my (foolish) fancy that that was GOAL's goal
too!

Back to discussing defamation...

Stevan Harnad

PS For the terminologically tipsy: Unrestricted article content-mining, like
Google's book content-mining, would allow the extraction and republication of
factual data from journal articles by licensees, but it would not provide
unlicensed users with access to the full-text. (Asking for that too would not
just be raising the bar, but asking to take over the whole store.)

On 2012-05-11, at 8:11 AM, Stevan Harnad wrote:

  **Cross-Posted**

  El 11/05/2012 11:19, Wise, Alicia (Elsevier) asked:


[W]hat positive things are established scholarly
publishers doing to facilitate the various visions
for open access and future scholarly
communications that should be encouraged,
celebrated, recognized?   
Dr Alicia Wise
Director of Universal Access
Elsevier I The Boulevard I Langford Lane I Kidlington I Oxford
I OX5 1GB
P: +44 (0)1865 843317 I M: +44 (0) 7823 536 826 I
E: a.w...@elsevier.com I
Twitter: @wisealic


On 2012-05-11, at 6:13 AM, Reme Melero wrote:

  I would recommend the following change in one clause of the 
  What rights do I retain as a journal author*? stated in
  Elsevier's portal, which says

  the right to post a revised personal version of the text of
  the final journal article (to reflect changes made in the peer
  review process) on your personal or institutional website or
  server for scholarly purposes*, incorporating the complete
  citation and with a link to the Digital Object Identifier
  (DOI) of the article (but not in subject-oriented or
  centralized repositories or institutional repositories with
  mandates for systematic postings unless there is a specific
  agreement with the publisher. externalLink_3.gifClick here
  for further information);

  By this one:

  the right to post a revised personal version of the text of
  the final journal article (to reflect changes made in the peer
  review process) on your personal,  institutional website, 
  subject-oriented or centralized repositories or institutional
  repositories or server for scholarly purposes, incorporating
  the complete citation and with a link to the Digital Object
  Identifier (DOI) of the article 


  I think this could be something to be encouraged, celebrated
  and recognized!


That would be fine. Or even this simpler one would be fine:

the right to post a revised personal version of the text of the final
journal article (to reflect changes made in the peer review process) on
your personal,  institutional website or institutional repositories or
server for scholarly purposes, incorporating the complete citation and
with a link to the Digital Object Identifier (DOI) of the article 

The metadata and link can be harvested from the 
institutional repositories by institution-external 
repositories or search services, and the shameful,
cynical, self-serving and incoherent clause about 
mandates  for systematic postings  (you may 
post if you wish but not if you must), which attempts 
to take it all back, is dropped.

That clause -- added when Elsevier realized that
Green Gratis OA mandates were catching on -- is a 
paradigmatic example of the publisher FUD and 
double-talk that Andrew Adams and others were 
referring to on GOAL.

Dropping it would be a great cause for encouragement, 
celebration and recognition, and would put Elsevier
irreversibly on the side of the angels.

Stevan Harnad
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[ Part 2: Attached Text ]

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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-12 Thread Dan Brickley
[snip]

Thought experiment: what if authors posted to their personal sites, but with 
enough metadata (e.g. http://schema.org/ScholarlyArticle) for generic (rather 
than topical/institutional) search engine discovery to be feasible?

Dan 

(hatless)
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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-12 Thread Stevan Harnad
On 2012-05-12, at 8:20 AM, Richard Poynder wrote:

 List members will doubtless correct me if I am wrong, but it seems to me that 
 the nub of this issue is that Peter Murray-Rust believes that when a research 
 library pays a subscription for a scholarly journal (or a collection of 
 journals) the subscription should give researchers at that institution the 
 right both to read the content with their eyeballs, and to mine it with their 
 machines -- and that this should be viewed as an automatic right. 

Licensing rights are an excellent topic for the 
Library licensing list: LibLicense-L Discussion 
Forum liblicens...@listserv.crl.edu

I am not implying that they should not be discussed 
on the Global Open Access List (GOAL) too, when 
they are relevant to OA. 

But it seems to me that when the Director for 
Universal Access of a rather large publisher 
posts a query to an open access list about 
what we wish to encourage publishers to do 
(and praise), we should encourage and praise 
measures that will help us reach OA, not 
measures that are either orthogonal to OA or 
even potential sops to sweeten the failure to
rescind measures that make it harder to
reach OA.

Stevan Harnad

 On 11/05/2012 11:19, Wise, Alicia (Elsevier) asked:

 [W]hat positive things are established scholarly publishers doing to 
 facilitate the various visions for open access and future scholarly 
 communications that should be encouraged, celebrated, recognized?   
 Dr Alicia Wise
 Director of Universal Access
 Elsevier


 On 2012-05-11, at 6:47 PM, Peter Murray-Rust wrote:
 
 Alicia Wise already knows my reply - she has had enough email from me. The 
 publishers should withdraw contractual restrictions on content-mining. 
 That's all they need to do.
 If Alicia Wise can say yes to me unreservedly, I'll be happy.
 
 SH: So let's all forget about OA... 

 Elsevier's shameful, cynical, self-serving and incoherent 
 clause about  mandates  for systematic postings  (you may 
 post if you wish but not if you must), which attempts 
 to take it all back, should be dropped, immediately.
 
 That clause -- added when Elsevier realized that
 Green Gratis OA mandates were catching on -- is a 
 paradigmatic example of the publisher FUD and 
 double-talk. It has no legal force or meaning, but it
 scares authors.
 
 Dropping it would be a great cause for encouragement, 
 celebration and recognition, and would put Elsevier
 irreversibly on the side of the angels.



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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-12 Thread Peter Murray-Rust


On Sat, May 12, 2012 at 12:28 PM, Stevan Harnad har...@ecs.soton.ac.uk wrote:
  For my part I will continue my narrow focus on the goal of getting
  OA (sic) universally provided. It had been my (foolish) fancy that
  that was GOAL's goal too!


I am quite happy for the list members, guided by the moderator, to decide
whether or not content mining should be in scope for this list. If they decide
not, I'm happy - in conjunction with others - to explore a new list. It may be
the best solution. And in any case I should applaud Stevan for having created
the GOAL list and also decided to hand it over to RP when the time was right. In
Open Source I have termed this the Doctor Who 
model.(http://tech.slashdot.org/story/09/06/19/1326254/the-doctor-who-model-of-open-s
ource )
 
[...]

PS For the terminologically tipsy: Unrestricted article content-mining,
like Google's book content-mining, would allow the extraction and
republication of factual data from journal articles by licensees, but it
would not provide unlicensed users with access to the full-text.


That is very clearly put and effectively exactly what I am asking for.

I'm not quite sure what terminology has to do with it - I don't know a formal
term for it - yet.





--
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069



[ Part 2: Attached Text ]

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[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-12 Thread Wise, Alicia (ELS-OXF)
Hi all,

I agree that we are mixing up several issues/objectives, and helpfully Keith 
has identified some of these.  I can think of a few others and I suspect there 
are more strands in this knot which others will hopefully identify. 

* we are probably conflating needs/practices in different disciplines

* we are certainly conflating temporal challenges - how we xxx or yyy in 2012 
may be different from the way we do it in 2015 or 2020.  Text mining is an 
example.

* we sometimes construct the false dichotomy of an open access world vs. a 
subscription world - there is already a blend of gold, green, subscription, and 
other business models, and there will continue to be for awhile (possibly 
forever)

* we conflate pragmatic and idealistic discussions and yet need both

* we too often duck the important issue of funding - for example could the 
dynamics of sustainable gold+green be different from the dynamics of 
sustainable subscription+green?  Could the price be different for gratis gold 
oa vs. libre gold oa?

To refer back to my original query about what positive things are established 
scholarly publishers doing to facilitate the various visions for open access 
and future scholarly communications that should be encouraged, celebrated, 
recognized let me be cheeky and suggest one.  The recent STM public statement 
that publishers support sustainable open access 
(http://www.stm-assoc.org/publishers-support-sustainable-open-access/) is one 
thing I would suggest should be celebrated by others who are also interested in 
open access.

With very kind wishes,

Alicia

 
Dr Alicia Wise
Director of Universal Access
Elsevier I The Boulevard I Langford Lane I Kidlington I Oxford I OX5 1GB
P: +44 (0)1865 843317 I M: +44 (0) 7823 536 826 I E: a.w...@elsevier.com I 
Twitter: @wisealic



-Original Message-
From: goal-boun...@eprints.org [mailto:goal-boun...@eprints.org] On Behalf Of 
keith.jeff...@stfc.ac.uk
Sent: 12 May 2012 15:47
To: goal@eprints.org
Subject: [GOAL] Re: Elsevier's query re: positive things from publishers that 
should be encouraged, celebrated, recognized

All -

I have been following the several threads of argument with interest.  As I see 
it recent postings on this list are mixing up several issues/objectives, 
confusions, mechanisms for access and utilisation and mechanisms to achieve any 
kind of OA.  

Issues and Objectives
-

1. how do we get gratis OA (free access to eyeball) for all researchers (and 
others including the public) everywhere;

2. how do we get libre OA (including data mining and other machine processing 
of articles) for all researchers (and others including the public) everywhere;

3. how do we get libre OA (including processing of datasets associated with a 
publication using associated software or other software) for all researchers 
(and others including the public) everywhere;

Confusions
--

Confusing each of these objectives is the position (or more accurately 
different and evolving positions) of the commercial publishers - including the 
OA publishers - and the learned societies in role publisher.  Many allow (1) 
but Elsevier has the unfortunate 'not if mandated' clause.

Attempting to expedite these objectives are mandates by research institutions 
and funding organisations.  However even here there is no clear recommendation 
emerging on either green (subscription-based) or gold (author pays) for each of 
(1),(2).  It appears clear that gold is more expensive - at least for now - for 
high production research institutions.  There is no settled position yet on 
whether green or gold for publications are applicable to (3).

The situation in each case is not assisted by current legislation in each 
country on copyright and database right.

(3) in the academic environment is becoming convolved with the 'data.gov' 
agenda and citizen access.

The rights of the public to have gratis/libre access to publicly-funded 
research products is a moralistic backdrop to the whole argument.

The commercial publishers understandably wish to preserve their (very 
profitable) business model as there is a (slow) transition from subscription 
access to some other model(s) such as author pays access.  In a world where ICT 
is making (re-engineered) processes in business much more effective (including 
increased offerings), efficient and less costly it is surprising one does not 
see similar improvements in scholarly communication.  


Access and Utilisation
--

There are requirements (a) to find the article or dataset (with software) of 
interest and (b) to utilise it effectively (including text-mining or deeper 
mining of publications and data processing of datasets). Furthermore, in 
general there are requirements to do this locally (for specific institutional 
or funder purposes) or globally (find all articles on left-handed widgets'). In 
all cases metadata is required for effective (in the sense of 
accuracy

[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-12 Thread Stevan Harnad
On Sat, May 12, 2012, Alicia Wise (Elsevier Director of Universal
Access)  wrote:

 I agree that we are mixing up several issues/objectives, and helpfully Keith 
 has identified some of these.  I can think of a few others and I suspect 
 there are more strands in this knot which others will hopefully identify.

The first and foremost issue on the Global Open Access List is Open Access (OA).

It will be very helpful in helping researchers to provide -- and their
institutions and funders to mandate -- Open Access if Elsevier drops
its you may if you wish but not if you must clause, which is not
only incoherent, but intimidates authors. (This would also help
counteract some of the rather bad press Elsevier has been getting
lately...)

 * we are probably conflating needs/practices in different disciplines


All disciplines need, want, and benefit from OA.

It will be very helpful in helping researchers to provide -- and their
institutions and funders to mandate -- Open Access if Elsevier drops
its you may if you wish but not if you must clause, which is not
only incoherent, but intimidates authors. (This would also help
counteract some of the rather bad press Elsevier has been getting
lately...)


 * we are certainly conflating temporal challenges - how we xxx or yyy in 2012 
 may be different from the way we do it in 2015 or 2020.  Text mining is an 
 example.


OA is needed now, not in 2015 or 2020.

It will be very helpful if...


 * we sometimes construct the false dichotomy of an open access world vs. a 
 subscription world - there is already a blend of gold, green, subscription, 
 and other business models, and there will continue to be for awhile (possibly 
 forever)


OA is not a business model, it is Open Access.

It will be very helpful if...

 * we conflate pragmatic and idealistic discussions and yet need both


A purely pragmatic issue:

It will be very helpful if...


 * we too often duck the important issue of funding - for example could the 
 dynamics of sustainable gold+green be different from the dynamics of 
 sustainable subscription+green?  Could the price be different for gratis 
 gold oa vs. libre gold oa?


Subscription publishing is being paid for via subscriptions. If and
when subscriptions become unsustainable, because institutions have
cancelled them, publishing can convert to Gold OA and the institutions
will have the windfall subscription cancellation savings to pay for
it.

But for now:

It will be very helpful if...


 To refer back to my original query about what positive things are established 
 scholarly publishers doing to facilitate the various visions for open access 
 and future scholarly communications that should be encouraged, celebrated, 
 recognized let me be cheeky and suggest one.  The recent STM public 
 statement that publishers support sustainable open access 
 (http://www.stm-assoc.org/publishers-support-sustainable-open-access/) is one 
 thing I would suggest should be celebrated by others who are also interested 
 in open access.


Statements of support are always welcome. But as we are talking
pragmatics rather than ideology:

It will be very helpful in helping researchers to provide -- and their
institutions and funders to mandate -- Open Access if Elsevier drops
its you may if you wish but not if you must clause, which is not
only incoherent, but intimidates authors. (This would also help
counteract some of the rather bad press Elsevier has been getting
lately...)

http://openaccess.eprints.org/index.php?/archives/822-.html

Stevan Harnad

Begin forwarded message:

From: Stevan Harnad
List-Post: goal@eprints.org
List-Post: goal@eprints.org
Date: May 11, 2012 8:11:19 AM EDT
To: Global Open Access List \(Successor of AmSci\) goal@eprints.org
Subject: [GOAL] Elsevier's query re: positive things from publishers
that should be encouraged, celebrated, recognized

El 11/05/2012 11:19, Wise, Alicia (Elsevier) asked:


[W]hat positive things are established scholarly publishers doing to
facilitate the various visions for open access and future scholarly
communications that should be encouraged, celebrated, recognized?
Dr Alicia Wise
Director of Universal Access
Elsevier I The Boulevard I Langford Lane I Kidlington I Oxford I OX5 1GB
P: +44 (0)1865 843317 I M: +44 (0) 7823 536 826 I E: a.w...@elsevier.com I
Twitter: @wisealic


On 2012-05-11, at 6:13 AM, Reme Melero wrote:

I would recommend the following change in one clause of the  What
rights do I retain as a journal author*? stated in Elsevier's portal,
which says

the right to post a revised personal version of the text of the final
journal article (to reflect changes made in the peer review process)
on your personal or institutional website or server for scholarly
purposes*, incorporating the complete citation and with a link to the
Digital Object Identifier (DOI) of the article (but not in
subject-oriented or centralized repositories or institutional
repositories with mandates

[GOAL] Re: Elsevier's query re: positive things from publishers that should be encouraged, celebrated, recognized

2012-05-12 Thread Jean-Claude Guédon
I object to the notion of sustainable applied to publications for two reasons :

1. Scientific research is unsustainable and has been so since at least the 17th
century.

2. Peer-reviewing research results and making resulting version available to all
interested is an integral part of the research process. Building on the
shoulders of giants requires this.

Therefore, why ask of the publishing phase to be sustainable when the rest of
the research process is not sustainable? Let us have subsidized publishing to
complete subsidized research.

Jean-Claude Guédon

-- 
Jean-Claude Guédon
Professeur titulaire
Littérature comparée
Université de Montréal


Le samedi 12 mai 2012 à 17:11 +0100, Wise, Alicia (ELS-OXF) a écrit :

Hi all,

I agree that we are mixing up several issues/objectives, and helpfully Keith has
 identified some of these.  I can think of a few others and I suspect there are 
more strands in this knot which others will hopefully identify. 

* we are probably conflating needs/practices in different disciplines

* we are certainly conflating temporal challenges - how we xxx or yyy in 2012 ma
y be different from the way we do it in 2015 or 2020.  Text mining is an example
.

* we sometimes construct the false dichotomy of an open access world vs. a subsc
ription world - there is already a blend of gold, green, subscription, and other
 business models, and there will continue to be for awhile (possibly forever)

* we conflate pragmatic and idealistic discussions and yet need both

* we too often duck the important issue of funding - for example could the dynam
ics of sustainable gold+green be different from the dynamics of sustainable subs
cription+green?  Could the price be different for gratis gold oa vs. libre gold 
oa?

To refer back to my original query about what positive things are established sc
holarly publishers doing to facilitate the various visions for open access and f
uture scholarly communications that should be encouraged, celebrated, recognized
 let me be cheeky and suggest one.  The recent STM public statement that publish
ers support sustainable open access (http://www.stm-assoc.org/publishers-support
-sustainable-open-access/) is one thing I would suggest should be celebrated by 
others who are also interested in open access.

With very kind wishes,

Alicia

 
Dr Alicia Wise
Director of Universal Access
Elsevier I The Boulevard I Langford Lane I Kidlington I Oxford I OX5 1GB
P: +44 (0)1865 843317 I M: +44 (0) 7823 536 826 I E: a.w...@elsevier.com I 
Twitter: @wisealic



-Original Message-
From: goal-boun...@eprints.org [mailto:goal-boun...@eprints.org] On Behalf Of ke
ith.jeff...@stfc.ac.uk
Sent: 12 May 2012 15:47
To: goal@eprints.org
Subject: [GOAL] Re: Elsevier's query re: positive things from publishers that s
hould be encouraged, celebrated, recognized

All -

I have been following the several threads of argument with interest.  As I see i
t recent postings on this list are mixing up several issues/objectives, confusio
ns, mechanisms for access and utilisation and mechanisms to achieve any kind of 
OA.  

Issues and Objectives
-

1. how do we get gratis OA (free access to eyeball) for all researchers (and oth
ers including the public) everywhere;

2. how do we get libre OA (including data mining and other machine processing of
 articles) for all researchers (and others including the public) everywhere;

3. how do we get libre OA (including processing of datasets associated with a pu
blication using associated software or other software) for all researchers (and 
others including the public) everywhere;

Confusions
--

Confusing each of these objectives is the position (or more accurately different
 and evolving positions) of the commercial publishers - including the OA publish
ers - and the learned societies in role publisher.  Many allow (1) but Elsevier 
has the unfortunate 'not if mandated' clause.

Attempting to expedite these objectives are mandates by research institutions an
d funding organisations.  However even here there is no clear recommendation eme
rging on either green (subscription-based) or gold (author pays) for each of (1)
,(2).  It appears clear that gold is more expensive - at least for now - for hig
h production research institutions.  There is no settled position yet on whether
 green or gold for publications are applicable to (3).

The situation in each case is not assisted by current legislation in each countr
y on copyright and database right.

(3) in the academic environment is becoming convolved with the 'data.gov' agenda
 and citizen access.

The rights of the public to have gratis/libre access to publicly-funded research
 products is a moralistic backdrop to the whole argument.

The commercial publishers understandably wish to preserve their (very profitable
) business model as there is a (slow) transition from subscription access to som
e other model(s) such as author pays access.  In a world where