[Open-access] Wiley have been caught incorrectly paywalling & selling (Dirk Verdicchio)

dirk.verdicchio at ub.unibe.ch dirk.verdicchio at ub.unibe.ch
Fri Mar 27 08:20:47 UTC 2015


Hi all

I just wanted to mention that Springer does such things too. We discovered this few days ago. Springer charges 39.95 USD for an article from Biologia which is available from de Gruyter for free with a CC BY-NC-ND license. We contacted one of the authors in order to get more information about the signed agreements in order to decide if we are going to involve the university's legal services. But I fear that Springer is acting legally sound here: Biologia is a joint venture between Springer, de Gruyter, and others. If the authors have given the publishers the right to exploit their article commercially, and I believe they have done so, then Springer is allowed to sell it.

This does not only show that the big publishers don't care about their author's wishes.  It may also point towards a shortage in the CC licenses, which cannot prevent the publishers form selling OA articles. Since the publishers have proven that they see OA merely as an additional income source we perhaps need a license which can prevent this.

Link to de Gruyter: http://www.degruyter.com/view/j/biolog.2014.69.issue-11/s11756-014-0465-6/s11756-014-0465-6.xml?format=INT
Link to Springer : http://link.springer.com/article/10.2478/s11756-014-0465-6 

Best,
Dirk

---
Dr. Dirk Verdicchio
Universität Bern
Universitätsbibliothek Bern
Koordination Open Access
Tel. +41 (0)31 631 9595
www.ub.unibe.ch



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Today's Topics:

   1. Re: Wiley have been caught incorrectly paywalling & selling
      thousands of articles (Rens van der Heijden)
   2. Fwd: Wiley have been caught incorrectly paywalling & selling
      thousands of articles (Subbiah Arunachalam)


----------------------------------------------------------------------

Message: 1
Date: Thu, 26 Mar 2015 19:11:25 +0100
From: Rens van der Heijden <rens.vanderheijden at uni-ulm.de>
To: open-access at lists.okfn.org
Subject: Re: [Open-access] Wiley have been caught incorrectly
	paywalling & selling thousands of articles
Message-ID: <55144BCD.5040509 at uni-ulm.de>
Content-Type: text/plain; charset="windows-1252"; Format="flowed"

Dear all,

First of all, thank you for your efforts. Exposure is important, and as you've written it leads to some kind of self-correcting behavior.

However, let me play devil's advocate for a moment.

On Fri, Mar 27, 2015 at 12:48 AM, Ross Mounce <ross.mounce at gmail.com <mailto:ross.mounce at gmail.com>> wrote:
> Wiley recently (legitimately) took control of a society journal called 
> Limnology and Oceanography from the Association for the Sciences of 
> Limnology and Oceanography (ASLO). The association makes clear in its 
> guidelines for the journal that all articles are placed into Free 
> Access after three years:
> http://aslo.org/lo/toc/
First of all, _free access_ does not necessarily imply _only free access_ or _free access and selling it is forbidden_. I've tried to access the link on this page to get more information (license or so), but it looks as though the page no longer exists (it directs me to a site map). I checked one of the Journal's OA links (at Wiley, so the source is not objective) and picked a random article from the 80s. This article has the notice:
? 1985, by the Association for the Sciences of Limnology and Oceanography, Inc.

Thus, it seems as though the copyright belongs to the ASLO; depending on how the contract between Wiley and ASLO works, it may be possible that Wiley was (also) allowed to sell the articles. At the very least, it isn't explicitly forbidden anywhere. This highlights the importance of
*clearly* identifying open access rules both between editors and publisher, as well as publisher and reader (which has been a problem exposed here in the past).

On 26.03.2015 18:29, Chen-Yi Tu wrote:
> As a ASLO member, I do not think ASLO give Wiley permission to sell 
> the open-access article. This is completely unacceptable.
It would be really great if we could have a look at the copyright transfer form here. Something like this should be mentioned there explicitly. Vagueness there means (IANAL, don't take my word for it) that there may not be a legal basis to blame Wiley here.


To summarize my point: it is important for us not just to expose these faults, but also to create awareness of these issues with editors, so that "loopholes" like those I've described above do not allow a publisher to get away with it.


Greetings,
Rens van der Heijden
Ulm University

> A new journal from ASLO- Limnology and Oceanography Letter will also 
> at the hand of Wiley. ASLO already makes it clear it will be 
> open-access. Let's see how things turn out after the first issue.
> http://www.aslo.org/announce/lol_eic_search.html
>
> Best,
>
> Chen-Yi
>
> On Fri, Mar 27, 2015 at 12:48 AM, Ross Mounce <ross.mounce at gmail.com 
> <mailto:ross.mounce at gmail.com>> wrote:
>
>     I didn't think we'd find more examples of 'false paywalling' so
>     easily or so quickly but here it is:
>
>     
> http://rossmounce.co.uk/2015/03/26/wiley-are-charging-for-access-to-th
> ousands-of-articles-that-should-be-free/
>
>     Wiley recently (legitimately) took control of a society journal
>     called Limnology and Oceanography from the Association for the
>     Sciences of Limnology and Oceanography (ASLO). The association
>     makes clear in its guidelines for the journal that all articles
>     are placed into Free Access after three years:
>     http://aslo.org/lo/toc/
>
>     Yet for at least 2 months and 25 days, Wiley was selling access to
>     articles from Limnology and Oceanography for $45.60 USD (inc.
>     tax). I know this because I bought access to an article myself.
>     Volumes 1 (1956) to 41 (1996), consisting of thousands of articles
>     were on sale at Wiley.
>
>     I do not know how many people have bought access to one of these
>     affected articles in this period. Clearly a full investigation is
>     needed. Can we trust Wiley to self-report how many readers were
>     mistakenly sold access to these articles?
>
>     I put this in the past tense because they have just 'un-paywalled'
>     these articles in the last 30 minutes or so. I still have my
>     receipt from my article purchase though, so there is clear
>     evidence that this happened.
>
>     Best,
>
>     Ross
>
>     -- 
>     -- 
>     -/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-
>     Ross Mounce
>     Fossils, Phylogeny and Macroevolution Research Group
>     University of Bath, 4 South Building, Lab 1.07
>     http://about.me/rossmounce
>     -/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-
>
>     _______________________________________________
>     open-access mailing list
>     open-access at lists.okfn.org <mailto:open-access at lists.okfn.org>
>     https://lists.okfn.org/mailman/listinfo/open-access
>     Unsubscribe: https://lists.okfn.org/mailman/options/open-access
>
>
>
>
> --
> Chen-Yi Tu (Crystal)
> National Taiwan University
> Institute of Oceanography
> No.1 Sec. 4 Roosevelt Rd.
> Taipei, Taiwan 10617
> Email: tu.chenyi at gmail.com <mailto:tu.chenyi at gmail.com> / 
> d01241003 at ntu.edu.tw <mailto:d01241003 at ntu.edu.tw>
>
>
>
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Message: 2
Date: Fri, 27 Mar 2015 03:30:21 +0530
From: Subbiah Arunachalam <subbiah.arunachalam at gmail.com>
To: "open-access at lists.okfn.org" <open-access at lists.okfn.org>,
	open-science at lists.okfn.org,  LibLicense-L Discussion Forum
	<liblicense-l at listserv.crl.edu>
Subject: [Open-access] Fwd: Wiley have been caught incorrectly
	paywalling & selling thousands of articles
Message-ID:
	<CABghs+aKU_3sMH-9p6nO90C=c6OYZ1cqZZFdzwyP==Du+LbkqQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

---------- Forwarded message ----------
From: Subbiah Arunachalam <subbiah.arunachalam at gmail.com>
Date: Fri, Mar 27, 2015 at 3:23 AM
Subject: Re: [Open-access] Wiley have been caught incorrectly paywalling & selling thousands of articles
To: Peter Murray-Rust <peter.murray.rust at googlemail.com>
Cc: Ross Mounce <ross.mounce at gmail.com>, madhan muthu <mu.madhan at gmail.com>, Heather Morrison <hgmorris at gmail.com>


Some time ago, if I remember right, it was reported that Elsevier was indulging in such practice. Now it is Wiley. Should we approach the Consumer International (or similar organizations) seeking justice and punishment for the offenders?

Arun

On Thu, Mar 26, 2015 at 10:53 PM, Peter Murray-Rust < peter.murray.rust at googlemail.com> wrote:

> I must congratulate Ross on his incredible effort and patience in 
> bringing to light completely unacceptable practices in scholarly 
> publishing. At best the crime is "we don't give a **** about readers 
> and libraries". It's more than incompetence - it's don't-care 
> incompetence at best. and if it's worse than that ...
>
> There is no regulator for scholpub (IMO there should be) and academic 
> libraries don't care - it's other people's money, not theirs. That's 
> also unacceptable.
>
> I don't have a solution, because in UK I think the trading standards 
> office has been discontinued otherwise we should take these cases there.
> It's close to, but not identical to Copyfraud, where people have sued 
> breachers (though it's a great effort).
>
>
>
> On Thu, Mar 26, 2015 at 4:48 PM, Ross Mounce <ross.mounce at gmail.com>
> wrote:
>
>> I didn't think we'd find more examples of 'false paywalling' so 
>> easily or so quickly but here it is:
>>
>>
>> http://rossmounce.co.uk/2015/03/26/wiley-are-charging-for-access-to-t
>> housands-of-articles-that-should-be-free/
>>
>> Wiley recently (legitimately) took control of a society journal 
>> called Limnology and Oceanography from the Association for the 
>> Sciences of Limnology and Oceanography (ASLO). The association makes 
>> clear in its guidelines for the journal that all articles are placed 
>> into Free Access after three years:
>> http://aslo.org/lo/toc/
>>
>> Yet for at least 2 months and 25 days, Wiley was selling access to 
>> articles from Limnology and Oceanography for $45.60 USD (inc. tax). I 
>> know this because I bought access to an article myself. Volumes 1 
>> (1956) to 41 (1996), consisting of thousands of articles were on sale at Wiley.
>>
>> I do not know how many people have bought access to one of these 
>> affected articles in this period. Clearly a full investigation is 
>> needed. Can we trust Wiley to self-report how many readers were 
>> mistakenly sold access to these articles?
>>
>> I put this in the past tense because they have just 'un-paywalled' 
>> these articles in the last 30 minutes or so. I still have my receipt 
>> from my article purchase though, so there is clear evidence that this happened.
>>
>> Best,
>>
>> Ross
>>
>> --
>> --
>> -/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-
>> Ross Mounce
>> Fossils, Phylogeny and Macroevolution Research Group University of 
>> Bath, 4 South Building, Lab 1.07 http://about.me/rossmounce
>> -/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-
>>
>> _______________________________________________
>> open-access mailing list
>> open-access at lists.okfn.org
>> https://lists.okfn.org/mailman/listinfo/open-access
>> Unsubscribe: https://lists.okfn.org/mailman/options/open-access
>>
>>
>
>
> --
> Peter Murray-Rust
> Reader in Molecular Informatics
> Unilever Centre, Dep. Of Chemistry
> University of Cambridge
> CB2 1EW, UK
> +44-1223-763069
>
> _______________________________________________
> open-access mailing list
> open-access at lists.okfn.org
> https://lists.okfn.org/mailman/listinfo/open-access
> Unsubscribe: https://lists.okfn.org/mailman/options/open-access
>
>
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