[Open-access] Wiley have been caught incorrectly paywalling & selling (Dirk Verdicchio)
Sander van der Waal
sander.vanderwaal at okfn.org
Fri Mar 27 09:01:04 UTC 2015
On 27 March 2015 at 09:20, <dirk.verdicchio at ub.unibe.ch> wrote:
> 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.
>
Do the authors retain copyright in this case, and allow the publisher to
exploit their (authors') rights commercially? Or do they transfer copyright
wholesale to the publisher?
> ]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.
>
CC licenses, like most FOSS licenses (almost?) always are non-exclusive,
ie. they allow the copyright owner to distribute the material under a
different license as well (IANAL). I don't think that's the core of the
problem here. I think it's crucial that authors retain copyright over their
work when they publish, so that *they* remain free to also license their
material how they wish. Additionally, they should obviously not grant the
publishers the right to license in a different non-open way. So my sense is
that this should be addressed in the licensing agreement between the
authors and the publishers - to ensure that the ONLY license the authors
grant to the publisher is an open access one. But I look forward to hearing
what others think.
Sander
>
> 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
>
>
>
> -----Ursprüngliche Nachricht-----
> Von: open-access [mailto:open-access-bounces at lists.okfn.org] Im Auftrag
> von open-access-request at lists.okfn.org
> Gesendet: Donnerstag, 26. März 2015 23:00
> An: open-access at lists.okfn.org
> Betreff: open-access Digest, Vol 39, Issue 20
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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>
> >
> >
> >
> > _______________________________________________
> > 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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> ------------------------------
>
> 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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--
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