Today’s the Last Day: Make the Case for Open Access | Peer to Peer Review
The time to send messages to the White House ended January 21
Barbara Fister, Gustavus Adolphus College, St. Peter, MN -- Library Journal, 1/21/2010
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Have you told the White House what you think about open access to publicly funded research? The Office of Science and Technology Policy has been accepting comments for weeks now, but the window of opportunity to add your thoughts closes today.
You haven’t commented yet? Do it now. Don’t worry. I’ll wait for you.
Okay, now that you’re back, I want to confess that there’s a lot involved that I don’t personally understand: the technical requirements, the need for uniformity, the way the deposits should work—I don’t have opinions on the fine points. What I do believe, though, is that the research funded by our tax dollars is important because it’s a public good. We wouldn’t be funding it with public dollars otherwise. It’s good for academic science, but it’s good for industry, too. (See also what ALA/ACRL and ARL have to say.)
Sharing science
My son is a physics postdoc at the Argonne National Laboratory. He does things with our tax dollars that I couldn’t begin to explain, but I do get that what he does may end up improving batteries that will be sold in products that we’ll be using—laptops, cars, you name it. It’s good for consumers. It’s good for business. And it’s especially good for pushing forward the frontiers of what we know about materials at a very fundamental level. (I mean, he fires photons at stuff to see what happens. That’s pretty basic.)What if students or faculty at my college need to read up on the latest research published by the people whose synchrotron is funded by our taxes? Well, they’re probably in luck. Physicists are big on sharing. They’ve been doing it for years, through arXiv and by making their own society publications open access friendly. Not everything is available, of course, but quite a lot is. They still publish massive amounts of research, but somehow they feel their interest in supporting a quality publishing operation is not incompatible with fast and free dissemination of results.
Not on the same page
Other science disciplines taught at my campus aren’t quite as open. In biology, there are myriad worthy societies that rely on earnings from library subscriptions, and there are even more commercially-published journals that rank high in importance. Neuroscience is an exciting concentration that is attracting a lot of students but, oy, it’s expensive. Like physics, chemistry has a major society that represents many branches of the field, but its journals are pricey and the logic of open access is not wired into the discipline as it is in physics.We also pay a lot just to find out what we don’t have. Our most expensive specialized databases are those covering chemistry and mathematics literature. The vast majority of what these tools index is published in journals we can’t afford, but, if we expect our faculty to be active scholars (and we do), there’s really no alternative. We have to hope that the land grant university up the road whose library we depend on will have enough tax-supported funding to provide access to the fair-use articles we can obtain, and that we’ll be able to afford copyright fees for the rest. For this to work, somebody, somewhere, has to buy a subscription.
Many small colleges like mine are going straight to paying commercial publishers for articles at point of need, and they’re saving a lot of money on subscriptions. But this means that, by design, there is no public asset to explore, even on a licensed, temporary basis. Scientific research is thus a disposable unit purchased for individuals, a solution that still costs libraries thousands of dollars per year. That’s a savings that comes at a steep cost.
Whose crisis?
This situation, of course, is often mistakenly called “the serials crisis.” It might be more accurate to call it the humanities crisis, because both my library and the research university we count on have less money for books, which are the lifeblood of many humanities disciplines. We know we have to pay fees for journal articles, because the only way we share them is by copying. Thanks to the first sale doctrine, we can share a book until it falls apart—and it’s politically a lot easier to not buy a book than it is to cancel a journal or database subscription.Here’s another thing: it has always seemed peculiar to me that the “5/5 rule” CONTU guideline for the interlibrary loan (ILL) of articles is a flat rate of five articles, published within the most recent five years, regardless of the size of a journal. We can get five articles from a science journal that publishes 1000 short articles a year—and five articles from a humanities journal that publishes 20 long articles a year. That doesn’t seem right, but such are the peculiar metrics of copyright compromises. It’s considered fair use to request by ILL some 20 percent of the humanities journal before paying copyright fees (which tend to be very affordable, anyway) but only one half of one percent of the big science journal, for which copyright fees typically cost the price of a scholarly trade paperback in the humanities. No wonder we’re buying fewer books.
Science in the public interest
We have a long way to go before we sort out the economics of publishing in a digital world. Book publishers are sweating over when to release ebooks, and the newspaper of record is poised to start charging frequent flyers.But this one is a no-brainer. We believe science is valuable enough that we pour public funding into it. We need to make sure that the results of that funding helps advance our knowledge of the physical and natural world, and that won’t happen if libraries can no longer afford it. Let’s make sure our investment pays off—for the public good.
The White House wants to hear from us. Add your comments to the open forum today.
Barbara Fister is a librarian at Gustavus Adolphus College, St. Peter, MN, a contributor to ACRLog, and an author of crime fiction. Her next mystery, Through the Cracks, will be published by Minotaur Books this year.
Today’s the Last Day: Make the Case for Open Access | Peer to Peer Review - 1/21/2010 - Library Journal
White House Mulls Plan to Broaden Access to Published Papers -- Kaiser 327 (5963): 259 -- Science
White House Mulls Plan to Broaden Access to Published Papers -- Kaiser 327 (5963): 259 -- Science
White House Mulls Plan to Broaden Access to Published Papers Jocelyn Kaiser Should all papers that result from U.S. taxpayerfunded research be made freely available? The White House science office likes the idea and has asked for input on whether many federal agencies should formally adopt it. So-called open access advocates are enthusiastic in comments submitted to a White House forum, but some scientific societies remain wary, fearing that a too-broad public-access policy could kill journal subscriptions. Both sides agree that the White House appears to be moving toward a plan. "They're focusing not on should we do this but how would we do this," says Heather Joseph, executive director of the Scholarly Publishing and Academic Resources Coalition, a librarian group and open-access proponent. The push for mandatory release of research papers started 2 years ago at the National Institutes of Health, which required that grantees send copies of their peer-reviewed, accepted papers to the agency. NIH posts the final manuscripts or published papers in its free PubMedCentral archive; release can be delayed on request up to 12 months after publication. The objective has been to give patients and the public broader access to research results. Despite grumbling from publishers, NIH says the policy is working smoothly. Last month, as part of President Barack Obama's "open government" activities, the Office of Science and Technology Policy (OSTP) launched an online discussion about whether the NIH model should be expanded to other agencies. The OSTP forum asks nine questions, including how to ensure that authors comply. About 400 comments have been submitted so far from scores of individual scientists, librarians, publishers, and others. The majority support broadening public access, says OSTP Assistant Director of Life Sciences Diane DiEuliis, a neuroscientist on detail from NIH. "There was a fair consensus on the general issue," she told Science by e-mail, as well as on other questions, such as "embargo times": how long an author and journal can keep a paper under private control. Many suggested using the current NIH embargo12 monthsand preferred central repositories like PubMedCentral rather than university archives. But even a 12-month delay worries some nonprofit scientific publishers. For example, mineralogists and anthropologists argued that their papersunlike those in biomedical researchmay have a very long "half life" and that releasing the full text on the Internet could cause journals to lose subscribers. Katherine McCarter of the Ecological Society of America, which has not yet submitted comments, says that for ecology journals, "even a 1-year delay could be a real disincentive to buy a subscription." The cost of producing a single paper can run significantly higher in social sciences because papers need more space and require a "more robust peer-review process," argues William E. Davis III, executive director of the American Anthropological Association. His letter warns that mandatory release of such papers "could well result in the demise of the very journals that ... advocates seek to make more freely available." Despite such concerns, OSTP seems to be moving inexorably toward a general open-access policy. DiEuliis says OSTP will sort through all comments (the deadline has been extended until 21 January) and send suggestions to an interagency working group. This panel will also consider a report due this week from a group of publishers and other stakeholders that OSTP and the House Science Committee convened last June. One possibility, DiEuliis says, is that OSTP could draft an executive order or memo that would set out "minimum standards" but "give agencies flexibility to create custom plans.
White House Mulls Plan to Broaden Access to Published Papers -- Kaiser 327 (5963): 259 -- Science
Blade Runner author's family takes aim at Google - Gadgets - NZ Herald News
Blade Runner author's family takes aim at Google - Gadgets - NZ Herald News
Blade Runner author's family takes aim at Google By Kevin Rawlinson 12:53
The family of Blade Runner's author claim Google nicked names for its Nexus One smartphone.
The family of Blade Runner's author claim Google nicked names for its Nexus One smartphone. The family of author Philip K Dick is threatening to sue Google for infringement of intellectual property rights over its new Nexus One mobile. Isa Dick Hackett, daughter of the American writer, says that many of the names of the phone's features are lifted directly from her father's book Do Androids Dream of Electric Sheep? and the 1982 film Blade Runner based upon it. The Nexus One's operating system is called Android and the rogue cyborgs in the book are called Nexus 6s. Ms Dick Hackett sent a letter to Google yesterday, the day after the phone's launch, demanding that the corporation change the name. "Google takes first and then deals with the fallout later. In my mind, there is a very obvious connection to my father's novel. People don't get it. It's the principle of it. It would be nice to have a dialogue. We are open to it. That's a way to start," she said. Google's new product is based on its Android technology, launched two years ago. The company hopes that the phone - a direct competitor to the Apple iPhone - will gain it a share in the mobile phone market.
Google claimed at the phone's launch on Tuesday that the Nexus name is used in the word's original sense - as a place where things converge. In Dick's book, set in a future San Francisco, the main protagonist, Rick Deckard -n played by the actor Harrison Ford in Blade Runner - is a bounty hunter, searching for renegade androids who have escaped their human masters and are trying to lead lives as humans. After some people left Earth to escape the fallout from a nuclear war which had ravaged the planet, the cyborgs were supposed to act as slaves.
In the past, the Dick family, along with the relatives of the writer John Steinbeck and musician Arlo Guthrie, son of US musician Woody Guthrie, has also attacked Google's Book section, on which users can search the text of books the company has scanned and uploaded. Google uses optical character recognition technology to convert the books into searchable text and stores them on its digital database. They said that the system was overly complicated and that copyright holders were being asked to make binding decisions. In 2008, Google agreed to pay around £78m (NZ$169m) to copyright holders after the American Author's Guild sued. The company also agreed to set up Book Rights Registry to distribute revenue to copyright holders. Another mobile phone company, Motorola, agreed to pay the director of the Star Wars and Indiana Jones films, George Lucas, for the use of the name Droid in their Android OS-powered smartphone. However, the Nexus One character is not trademarked by the Dick family. - THE INDEPENDENT By Kevin Rawlinson
Blade Runner author's family takes aim at Google - Gadgets - NZ Herald News
French solution to illegal download and copyright infringement - tax Google and Yahoo | ZDNet Government | ZDNet.com
French solution to illegal download and copyright infringement - tax Google and Yahoo
Posted by Doug Hanchard @ January 7, 2010 @ 11:24 AM
The French government commissioned a study to determine solutions to the problems of downloading copyright protected movies and music. The panels recommendation is to tax search engine companies, funding new portals that would make available legal ways for consumers to access copyright materials. In a Globe and Mail post, the governments Minister of Culture, Frederic Mitterrand; The plan seemed inevitable to us, if we want to maintain a certain pluralism in the culture world and prevent the endless enrichment of two or three world players who will impose their cultural formatting on us, Patrick Zelnik, a record producer who helped lead the mission, was quoted as telling Liberation newspaper. This idea is similar to how blank VCR and music tapes were taxed in some countries to distribute to the music industry in the 1970s and 1980s. Googles response in the article was polite but clearly concerned; Google appears cool to the idea, but sought a conciliatory tone. Google Frances public affairs director said the company told the mission it wanted co-operation between Internet players and the cultural fields to develop new models. Olivier Esper said there were opportunities to promote innovative solutions instead of continuing on a path that opposes the Internet and the cultural worlds, for example the path of taxation. Its unknown what the RIAA or MPAA think of this approach. The complexity of creating the taxation method and how it is applied certainly would cause significant challenges and how tax revenues would be distributed. Such a program would likely face stiff resistance if a similar proposal was suggested in the United States and Canada.
Music Firm Sues Microsoft, Yahoo, and Real Networks Over Copyright Infringement | paidContent
Music Firm Sues Microsoft, Yahoo, and Real Networks Over Copyright Infringement | paidContent
Music Firm Sues Microsoft, Yahoo, and Real Networks Over Copyright Infringement
Not your typical targets for a music copyright infringement lawsuit: The big companies that run paid online music subscription services. But MCS Music America, which says it administers almost 45,000 tracks, is suing Yahoo (NSDQ: YHOO), Microsoft (NSDQ: MSFT), and RealNetworks (NSDQ: RNWK), basically saying that they left some seemingly big Ts uncrossed when they obtained the rights to offer some songs to their members. From the lawsuit: “In order to transmit, perform, reproduce and deliver any sound recording of any musical work via ‘on-demand streams’ or ‘limited downloads’ defendants must first obtain not only the rights for the sound recording itself but also the rights for the underlying musical composition which is embodied on said sound recording.”
MCS Music America wants the tracks taken down and is also asking for damages—either “actual damages and profits derived by the defendants” or $150,000 for each act of copyright infringement (That could add up since it takes 90 pages for MCS Music America to simply list all the songs that it says have been misappropriated—and MCS Music America says that a separate act of copyright infringement took place each time one of those songs was downloaded or streamed).
TechDirt, which first reported the lawsuit, says it’s an indication of “just how incredibly confusing and impossible copyright law has become” since the three companies obviously did take the time to obtain some rights to the songs. Representatives from Yahoo, Microsoft and RealNetworks had no comment.
Music Firm Sues Microsoft, Yahoo, and Real Networks Over Copyright Infringement | paidContent
RIAA triumphs in Usenet copyright case | Digital Media - CNET News
RIAA triumphs in Usenet copyright case | Digital Media - CNET News
RIAA triumphs in Usenet copyright case
Note: See Usenet.com's reaction at "Usenet.com says RIAA 'whittling down' Betamax case."
The Recording Industry Association of America has prevailed in its copyright fight against Usenet.com, according to court documents.
In a decision that hands the RIAA an overwhelming victory, U.S. District Judge Harold Baer of the Southern District of New York ruled in favor of the music industry on all its main theories: that Usenet.com is guilty of direct, contributory, and vicarious infringement. In addition, and perhaps most important for future cases, Baer said that Usenet.com can't claim protection under the Sony Betamax decision. That ruling says companies can't be held liable for contributory infringement if the device they create is "capable of significant non-infringing uses."
Baer noted that in citing the Betamax case, Usenet.com failed to see one important difference between it and Sony. Once Sony sold a Betamax, an early videotape recorder, the company's relationship with the buyer ended. Sony held no sway over what the buyer did with the device after that. Usenet.com, however, maintains an ongoing relationship with the customer and does has some say in how the customer uses the service.
Usenet.com's lawyers could not be reached Tuesday evening.
The two-decade-old Usenet network was one of the early ways to distribute conversations and binary files, long before the Web or peer-to-peer networks existed. Usenet.com is a company that enabled users to access the Usenet network.The RIAA filed suit against Usenet.com in October 2007, accusing the company of encouraging customers to pay up to $19 a month by enticing them with copyrighted music.
The case is highly unusual because of Baer's many findings of discovery misconduct by the Usenet.com side. The rules of discovery in a civil case requires both sides to exchange information. The RIAA produced evidence, however, that Usenet.com destroyed evidence or failed to produce witnesses on multiple occasions.
The RIAA accused Usenet.com of intentionally destroying the contents on seven hard drives that contained employee-generated data; providing false information; and attempting to prevent employees from giving depositions by sending them to Europe.
The judge found the evidence credible but denied the RIAA's motion to hand it a victory based solely on the misconduct. Instead, the judge sanctioned Usenet.com "from asserting (the company's) affirmative defense of protection under the DMCA's safe harbor provision."
The Digital Millennium Copyright Act's safe harbor provides refuge to Internet service providers from being held responsible for criminal acts committed by users. Without that and without the Betamax decision, Usenet.com was a sitting duck.
In a brief note posted Tuesday to RIAA.com, the trade group for the music industry said: "We're pleased that the court recognized not just that Usenet.com directly infringed the record companies' copyrights but also took action against the defendants for their egregious litigation misconduct."
RIAA triumphs in Usenet copyright case | Digital Media - CNET News