[Open-access] [open-science] Open Science Anthology published

Sun Jan 19 21:57:45 UTC 2014

hi Jan,

This is useful - it's a great idea to see the license.

Re ""No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits."

Comment: this applies to the work per se. It does not apply to a paywall that you have to go through to get to the work. Consider that for most of us we go through a paywall every time we access the internet, whether we are paying this ourselves or an organization is paying on our behalf. 

There can be measures that do not legally restrict others from doing anything the license permits that are neither legal terms nor "technological measures that legally restrict others...". For example, imagine that Elsevier buys out or is bought by an Internet Service Provider and net neutrality is legal in country X. Elsevier could then offer a for-pay service for the fast lane to PLoS material, while PLoS material could still be accessible to anyone to use their rights under the license, however on the slow lane. 

When considering the potential impact of legal terms like CC-BY, it is important to consider the overall context, including existing and potential new business practices and other laws such as those surround net neutrality. 

best,

Heather Morrison

On 2014-01-19, at 12:49 PM, Jan Velterop wrote:

> 
> On 19 Jan 2014, at 15:49, Heather Morrison <Heather.Morrison at uottawa.ca wrote:
> [snip]
>> However, one of the potential pitfalls of open licensing we should be paying more attention to is that "no downstream restrictions" includes "no downstream restrictions on paywalls".
> 
> I don't think it does. From the CC-BY licence:
> 	• "No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits."
> 	• A paywall that everybody can just walk around is no more than an invitation to make a payment, a donation. Which a potential user can ignore. 
> 	• NC is a control mechanism. It has no place in a knowledge environment that is publicly funded for the benefit of society at large. 
> 	• Jan Velterop
>> In summary, the view that open access can be usefully narrowly defined through legal terms is the view of a subset of the open access community. 
>> 
>> Best,
>> 
>> Heather Morrison
>> 
>> On Jan 19, 2014, at 7:36 AM, "Emanuil Tolev" <emanuil at cottagelabs.com> wrote:
>> 
>>> Discrimination based on field of endeavour I thought was the problem.
>>> 
>>> Even if some copyright exceptions allow use in situations in which the license didn't *intend* to allow such use, the license still discriminates based on the type of activity ("field of endeavour") - doesn't allow commercial use.
>>> 
>>> The legal ability to use something for commercial reasons and being told not to by the license are two separate things, though obviously related. Being told not to by the license makes it a non-open license according to OKD.
>>> 
>>> This isn't to say non-commercial licenses are evil in all situations, I can't pass that judgement. But if you use a non-commercial clause, you certainly can't call the thing "open access" - it's accessible to some part of the population, but it is not "open". Like this anthology (which by the way looks like it's quite nice).
>>> 
>>> Greetings,
>>> Emanuil
>>> 
>>> On Sunday, 19 January 2014, Pal Lykkja <lykkja at gmail.com> wrote:
>>> What is the problem with CC-NC if it will be possible to reuse like TDM throught copyright exceptions that EU are working for?
>>> 
>>> Pål Lykkja
>>> 
>>> 
>>> On Sat, Jan 18, 2014 at 8:45 PM, Peter Murray-Rust <pm286 at cam.ac.uk> wrote:
>>> Sounds useful.
>>> 
>>> One comment. CC-NC is not Open Access under BOAI- and OKD- definitions. I'd urge you to make the book CC-BY. If there are reasons that you can't do this, please drop the term "Open Access" and call it "free-of-charge". CC-NC forbids many forms of redistribution and re-use 
>>> 
>>> 
>>> On Sat, Jan 18, 2014 at 7:40 PM, Ulrich Herb <u.herb at scinoptica.com> wrote:
>>> Dear lists,
>>> 
>>> perhaps this might be of interest: Yesterday an anthology on Open Science was published: "Opening Science - The Evolving Guide on How the Internet is Changing Research, Collaboration and Scholarly Publishing". It has been edited by Sönke Bartling from the German Cancer Research Center in Heidelberg and  Sascha Friesike, researcher at the Alexander von Humboldt Institute in Berlin. The anthology knows four manifestations: it is available as a printed book,  as an Open Access e-Book or PDF collection under a CC BY-NC license, and as an editable living document via Github. for further information please visit:
>>> http://www.openingscience.org/get-the-book/
>>> 
>>> Best regards
>>> 
>>> Ulrich Herb
>>> 
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-- 
Dr. Heather Morrison
Assistant Professor
École des sciences de l'information / School of Information Studies
University of Ottawa

http://www.sis.uottawa.ca/faculty/hmorrison.html
Heather.Morrison at uottawa.ca