[open-science] [Open-access] Elsevier caught selling articles that should have been open access

Tue Mar 10 20:42:49 UTC 2015

Thanks Klaus,
I am relieved to hear this (as the original judgment seemed unjust), but it
shows the problematic nature of NC - you cannot predict which way the court
will decide until it sits.

On Tue, Mar 10, 2015 at 8:21 PM, Klaus Graf <klausgraf at googlemail.com>
wrote:

> A higher German court has said that the court Peter cited was wrong.
>
>
> http://www.offenenetze.de/2014/11/26/olg-koeln-zur-cc-by-noncommercial-einige-gedanken/
> (German)
>
> Klaus Graf
>
> 2015-03-10 21:09 GMT+01:00 Peter Murray-Rust <pm286 at cam.ac.uk>:
>
>> NC DOES prevent use in the Classroom in Germany
>> https://www.techdirt.com/articles/20140326/11405526695/german-court-says-creative-commons-non-commercial-licenses-must-be-purely-personal-use.shtml
>> - this is a Court decision. NC is "only for personal use". Text and Data
>> mining has not been tested in court so I cannot be legally definitive.
>>
>> On Tue, Mar 10, 2015 at 7:14 PM, William Gunn <william.gunn at gmail.com>
>> wrote:
>>
>>> I don't know the specific details of this case & am not the person to
>>> discuss it, but I can say that according to the folks I've been talking to
>>> on the publisher side, NC does not prevent text and data mining, nor does
>>> it prevent use in the classroom. It's really about selling the content
>>> itself.
>>>
>>>
>>> William Gunn
>>> +1 (650) 614-1749
>>> http://synthesis.williamgunn.org/about/
>>>
>>> On Mon, Mar 9, 2015 at 11:26 PM, Peter Murray-Rust <pm286 at cam.ac.uk>
>>> wrote:
>>>
>>>>
>>>>
>>>> On Tue, Mar 10, 2015 at 1:17 AM, S.C. Edmunds <
>>>> scott at gigasciencejournal.com> wrote:
>>>>
>>>>> Anybody want to buy some reprints
>>>>> <https://s100.copyright.com/AppDispatchServlet?publisherName=Wiley&publication=CLM&title=HIV%20infection%20en%20route%20to%20endogenization%3A%20two%20cases&publicationDate=18%20DEC%202014&author=P.%20Colson%2CI.%20Ravaux%2CC.%20Tamalet%2CO.%20Glazunova%2CE.%20Baptiste%2CE.%20Chabriere%2CA.%20Wiedemann%2CC.%20Lacabaratz%2CM.%20Chefrour%2CC.%20Picard%2CA.%20Stein%2CY.%20Levy%2CD.%20Raoult&startPage=1280&endPage=1288&copyright=%C2%A9%202014%20The%20Authors%20Clinical%20Microbiology%20and%20Infection%20%C2%A9%202014%20European%20Society%20of%20Clinical%20Microbiology%20and%20Infectious%20Diseases&contentID=10.1111%2F1469-0691.12807&orderSource=Wileyonline&orderBeanReset=true&oa=creativeCommonsBy-nc-nd>?
>>>>> Would it be "quintuple dipping" if so? One of the reasons the more old
>>>>> school publishers are thought to be trying to cling on to the NC clauses in
>>>>> their "OA" offerings is that they don't want to lose revenue from reprints
>>>>> and other similar transactions.
>>>>>
>>>>>
>>>> I have done a lot of checking in the past in this respect and it's very
>>>> common. Haven't checked this one...
>>>>
>>>> Yes, you are right. The NC is driven by reprints and the justification
>>>> for it is - that publishers give to authors - is almost completely
>>>> specious. Unfortunately some academics believe CC-NC protects their moral
>>>> rights (it doesn't) and the whole area is seriously MUDdied and FUDdled.
>>>> CC-NC:
>>>> * prevents reuse (without permission) of material for teaching
>>>> * protects the publishers reprint market.
>>>>
>>>>
>>>>
>>>> --
>>>> 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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>>>>
>>>>
>>>
>>
>>
>> --
>> 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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>>
>>
>

-- 
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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