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

Fri Mar 27 11:55:22 UTC 2015

On Friday, March 27, 2015, 10:56:20 AM, you wrote:

> It surely is NOT legal from a contract perspective. They have accepted
> APCs from authors in exchange for providing free, unlimited access to
> the published work, and are not fulfilling their side of the bargain.

And my question was: is this really what has happened in all cases we have discussed here?

1) Obviously, if the publisher I have paid an APC to make my article OA is not doing what I paid them for, this should obviously be illegal. If it isn't, it ought to be :-)

2) If an entity other than the one I paid to make my article OA, takes my OA article and then sells it, that's a different story to which I wouldn't immediately object.

Are all cases revealed here (Elsevier, Wiley, Springer) of type 1? Or were there some type 2 cases which I interpreted as being type 1 as the two cases were conflated?

3) Or is there a third case where the same publisher I paid an APC is providing two copies, one for free and one for sale?

I'm sorry, but the arguments I hear in this discussion seem to discuss at least the first two cases, maybe even case 3, so I'm not really sure what is the status of each case any more. Can someone disambiguate this for me?

Cheers,

Bjoern

-- 
Björn Brembs
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http://brembs.net
Neurogenetics
Universität Regensburg
Germany