This morning sees the publication of the new Policy for open access in the post-2014 Research Excellence Framework from HEFCE, the Higher Education Funding Council for England. It sets out in details HEFCE’s requirement that papers must be open-access to be eligible for the next (post-2014) Research Excellence Framework (REF).

Here is the core of it, quoted direct from the Executive Summary:

The policy states that, to be eligible for submission to the post-2014 REF, authors’ final peer-reviewed manuscripts must have been deposited in an institutional or subject repository on acceptance for publication. Deposited material should be discoverable, and free to read and download, for anyone with an internet connection [...]  The policy applies to research outputs accepted for publication after 1 April 2016, but we would strongly urge institutions to implement it now.

There are lots of ifs, buts and maybes, but overall this is excellent news, and solid confirmation that the UK really is committed to an open-access transition. Before we go into those caveats, let’s take a moment to applaud the real, significant progress that this policy represents. For the first time ever, universities’ funding levels, and so individual academics’ careers, will be directly tied to the openness of their output. Congratulations to HEFCE!

celebrate-2

Also commendable: the actual policy document is very carefully written, and includes details such as “Outputs whose text is encoded only as a scanned image do not meet the requirement that the text be searchable electronically.” It’s evident that a lot of careful thought has gone into this.

Now for those caveats:

The policy will not apply to monographs, book chapters, other long-form publications, working papers, creative or practice-based research outputs, or data.

This is a shame, but understandable, especially in the case of books. I would have hoped that chapters within edited volumes would have been included. But the main document notes that “Where a higher education institution (HEI) can demonstrate that it has taken steps towards enabling open access for outputs outside the scope of this definition, credit will be given in the research environment component of the post-2014 REF.”

Next disappointment:

The policy allows repositories to respect embargo periods set by publications. Where a publication specifies an embargo period, authors can comply with the policy by making a ‘closed’ deposit on acceptance. Closed deposits must be discoverable to anyone with an Internet connection before the full text becomes available for read and download (which will occur after the embargo period has elapsed). Closed deposits will be admissible to the REF.

I would of course have wanted all embargo periods to be eliminated, or at the very least capped at six months as in the old, pre-watering-down, RCUK policy. But that was too much to hope for in the political environment that publishers have somehow managed to create.

More positively, it’s a good sop that deposit must be made on acceptance — not when the embargo expires, or even on publication, but on acceptance. These “closed deposits” are like a formal promise of openness, with an automated implementation. We don’t have good experimental data on this, but it seems likely that this approach will result in much better compliance rates than just telling authors “you have to come back six to 24 months after publication and make a deposit”.

Third disappointment:

There are a number of exceptions to the various requirements that will be automatically allowed by the policy. These exceptions cover circumstances where deposit was not possible, or where open access to deposited material could not be achieved within the policy requirements. These exceptions will allow institutions to achieve near-total compliance, but the post-2014 REF will also include a mechanism for considering any other exceptional cases where an output could not otherwise meet the requirements.

The exceptions encourage weasel-wordage, of course, and some of the specific exceptions listed in Appendix C are particularly weak: “Author was unable to secure the use of a repository”, “Publication is print-only (no electronic version)”, and the lamentable “Publication does not offer a compliant green or gold option”, which really means “HEFCE authors should not be using this publication”.

But when you read into the details, this approach with specific exceptions is actually rather better than the alternative that had been on the table: a percentage-based target, where some specific proportion of REF submissions would need to be open access. Instead of saying “80% of submissions must be open access” (or some other percentage), HEFCE is saying that it wants them all to be open access except where a specific excuse is given. I’d like them to be much less accommodating with what excuses they’ll accept, but the important thing here is that they have set the default to open.

Now for the most regrettable part of the policy:

While we do  not request that outputs are made available under any particular licence, we advise that outputs licensed under a Creative Commons Attribution Non-Commercial Non-Derivative (CC BY-NC-ND) licence would meet this requirement.

I won’t rehearse again all the reasons that Non-Commercial and No-Derivatives clauses are poison, I’ll just note that works published under this licence are not open access according to the original definition of that term, which allows us to “use [OA works] for any other lawful purpose, without financial, legal, or technical barriers”.

Yet even here, the general tenor of the policy is positive. While it accepts NC-ND, the policy adds that “where an HEI can demonstrate that outputs are presented in a form that allows re-use of the work, including via text-mining, credit will be given in the research environment component of the post-2014 REF”.

One last observation: HEFCE should be commended on having provided an excellent, detailed explanation of feedback they received to their consultations. As always, reading such documents can be frustrating because they necessarily contain some views very different from mine; but it’s useful to see the range of opinions laid out so explicitly.

No open-access policy document I’ve ever seen has been perfect, and this one is no exception. But overall, the HEFCE open-access policy is a significant and welcome step forward, and carries the promise of further positive moves in the future.

 

In discussion of Samuel Gershman’s rather good piece The Exploitative Economics Of Academic Publishing, I got into this discusson on Twitter with David Mainwaring (who is usually one of the more interesting legacy-publisher representatives on these issues) and Daniel Allingon (who I don’t know at all).

I’ll need to give a bit of background before I reach the key part of that discussion, so here goes. I said that one of David’s comments was a patronising evasion, and that I expected better of him, and also that it was an explicit refusal to engage. David’s response was interesting:

First, to clear up the first half, I wasn’t at all saying that David hasn’t engaged in OA, but that in this instance he’d rejected engagement — and that his previous record of engaging with the issues was why I’d said “I expect better from you” at the outset.

Now with all that he-said-she-said out of the way, here’s the point I want to make.

David’s tweet quoted above makes a very common but insidious assumption: that a “nuanced” argument is intrinsically preferable to a simple one. And we absolutely mustn’t accept that.

We see this idea again and again: open-access advocates are criticised for not being nuanced, with the implication that this equates with not being right. But the right position is not always nuanced. Recruiting Godwin to the cause of a reductio ad absurdum, we can see this by asking the question “was Hitler right to commit genocide?” If you say “no”, then I will agree with you; I won’t criticise your position for lacking nuance. In this argument, nuance is superfluous.

[Tedious but probably necessary disclaimer: no, I am not saying that paywall-encumbered publishing is morally equivalent to genocide. I am saying that the example of genocide shows that nuanced positions are not always correct, and that therefore it's wrong to assume a priori that a nuanced position regarding paywalls is correct. Maybe a nuanced position is correct: but that is something to be demonstrated, not assumed.]

So when David says “What I do hold to is that a rounded view, nuance, w/ever you call it, is important”, I have to disagree. What matters is to be right, not nuanced. Again, sometimes the right position is nuanced, but there’s no reason to assume that from the get-go.

Here’s why this is dangerous: a nuanced, balanced, rounded position sounds so grown up. And by contrast, a straightforward, black-and-white one sounds so adolescent. You know, a straightforward, black-and-white position like “genocide is bad”. The idea of nuance plays on our desire to be respected. It sounds so flattering.

We mustn’t fall for this. Our job is to figure out what’s true, not what sounds grown-up.

I hate to keep flogging a dead horse, but since this issue won’t go away I guess I can’t, either.

1. Two years ago, I wrote about how you have to pay to download Elsevier’s “open access” articles. I showed how their open-access articles claimed “all rights reserved”, and how when you use the site’s facilities to ask about giving one electronic copy to a student, the price is £10.88. As I summarised at the time: “Free” means “we take the author’s copyright, all rights are reserved, but you can buy downloads at a 45% discount from what they would otherwise cost.” No-one from Elsevier commented.

2. Eight months ago, Peter Murray-Rust explained that Elsevier charges to read #openaccess articles. He showed how all three of the randomly selected open-access articles he looked at had download fees of $31.50. No-one from Elsevier commented (although see below).

3. A couple of days ago, Peter revisited this issue, and found that Elsevier are still charging THOUSANDS of pounds for CC-BY articles. IMMORAL, UNETHICAL , maybe even ILLEGAL.This time he picked another Elsevier OA article at random, and was quoted £8000 for permission to print 100 copies. The one he looked at says “Open Access” in gold at the top and “All rights reserved” at the bottom. Its “Get rights and content” link takes me to RightsLink, where I was quoted £1.66 to supply a single electronic copy to a student on a course at the University of Bristol:

Screenshot from 2014-03-11 09:40:35

(Why was I quoted a wildly different price from Peter? I don’t know. Could be to do with the different university, or because he proposed printing copies instead of using an electronic one.)

On Peter’s last article, an Elsevier representative commented:

Alicia Wise says:
March 10, 2014 at 4:20 pm
Hi Peter,

As noted in the comment thread to your blog back in August we are improving the clarity of our OA license labelling (eg on ScienceDirect) and metadata feeds (eg to Rightslink). This is work in progress and should be completed by summer. I am working with the internal team to get a more clear understanding of the detailed plan and key milestones, and will tweet about these in due course.

With kind wishes,

Alicia

Dr Alicia Wise
Director of Access and Policy
Elsevier
@wisealic

(Oddly, I don’t see the referenced comment in the August blog-entry, but perhaps it was on a different article.)

Now here is my problem with this.

First of all, either this is deliberate fraud on Elsevier’s part — charging for the use of something that is free to use — or it’s a bug. Following Hanlon’s razor, I prefer the latter explanation. But assuming it’s a bug, why has it taken two years to address? And why is it still not fixed?

Elsevier, remember, are a company with an annual revenue exceeding £2bn. That’s £2,000,000,000. (Rather pathetically, their site’s link to the most recent annual report is broken, but that’s a different bug for a different day.) Is it unreasonable to expect that two years should be long enough for them to fix a trivial bug?

All that’s necessary is to change the “All rights reserved” message and the “Get rights and content” link to say “This is an open-access article, and is free to re-use”. We know that the necessary metadata is there because of the “Open Access” caption at the top of the article. So speaking from my perspective as a professional software developer of more than thirty years’ standing, this seems like a ten-line fix that should take maybe a man-hour; at most a man-day. A man-day of programmer time would cost Elsevier maybe £500 — that is, 0.000025% of the revenue they’ve taken since this bug was reported two years ago. Is it really too much to ask?

(One can hardly help comparing this performance with that of PeerJ, who have maybe a ten-thousandth of Elsevier’s income and resources. When I reported three bugs to them in a course of a couple of days, they fixed them all with an average report-to-fix time of less than 21 hours.)

Now here’s where it turns sinister.

The PeerJ bugs I mentioned above cost them — not money, directly, but a certain amount of reputation. By fixing them quickly, they fixed that reputation damage (and indeed gained reputation by responding so quickly). By contrast, the Elsevier bug we’re discussing here doesn’t cost them anything. It makes them money, by misleading people into paying for permissions that they already have. In short, not fixing this bug is making money for Elsevier. It’s hard not to wonder: would it have remained unfixed for two years if it was costing them money?

But instead of a rush to fix the bug, we have this kind of thing:

I find that very hard to accept. However complex your publishing platform is, however many different modules interoperate, however much legacy code there is — it’s not that hard to take the conditional that emits “Open Access” in gold at the top of the article, and make the same test in the other relevant places.

As John Mark Ockerbloom observes:

Come on, Elsevier. You’re better than this. Step up. Get this done.

Update (21st March 2014)

Ten days layer, Elsevier have finally responded. To give credit where it’s due, it’s actually pretty good: it notes how many customers made payments they needn’t have made (about 50), how much they paid in total (about $4000) and says that they are actively refunding these payments.

It would be have been nice, mind you, had this statement contained an actual apology: the words “sorry”, “regret” and “apologise” are all notably absent.

And I remain baffled that the answer to “So when will this all be reliable?” is “by the summer of 2014″. As noted above, the pages in question already have the information that the articles are open access, as noted in the gold “Open Access” text at top right of the pages. Why it’s going to take several more months to use that information elsewhere in the same pages is a mystery to me.

Update 2 (24th March 2014)

As noted by Alicia in a comment below, Elsevier employee Chris Shillum has posted a long comment on Elsevier’s response, explaining in more detail what the technical issues are. Unfortunately there seems to be no way to link directly to the comment, but it’s the fifth one.

 

dodo-skeleton-flipped

Hey, remember this? Your bound-for-PeerJ manuscript is like our Mauritian friend here, and the March 1 deadline is approaching like a hungry sailor with a club. So if you still want a voucher, let me know ASAP.

Today (12th February) is the one-year anniversary of the first PeerJ papers! As Matt put it in an email this morning:

Hard to believe it’s been a year already. On the other hand, it’s also hard to believe that it’s only been a year. PeerJ is just such an established part of my worldview now.

That’s exactly right. PeerJ has so completely rewritten the rule-book (on price, speed and quality of service) that now when I’m thinking about new papers I’m going to write, the question I ask myself is no longer “Where shall I send this?” but “Is there any reason not to send it to PeerJ?”

dorsals-ab-composite

Dorsals A and B (probably D8 and D9) of NHM R5937, “The Archbishop”, a still-undescribed brachiosaurid sauropod from the Upper Jurassic Tendaguru Formation of Tanzania, which I will get done this year, and which is destined for PeerJ. Top row: dorsal view with anterior to the right. Bottom row, from left to right: left lateral, posterior, right lateral, anterior.

Yesterday in the comments of a post on The Scholarly Kitchen, Harvey Kane asked me “I am curious as to where you get the notion that publishing OA is less expensive and in some way “better” than the traditional model?” My reply was (in part):

My notion that OA publishing yields better results than traditional is rooted in the online-only nature of articles, which allows them to ignore arbitrary limits on word-count, number of figures, use of colour, etc., and to exploit online-only formats such as video, 3d models, CT-slice stacks, etc. In my own field of vertebrate palaeontology, it’s now routine to see in PLOS ONE descriptive articles that are many times more comprehensive than their equivalents in traditional journals — see for example the recent description of the frog Beelzebufo.

Of course there is nothing specific to open-access about this: there is no technical reason why an online-only subscription journal shouldn’t publish similarly detailed articles. But my experience so far has been that they don’t — perhaps because they are tied to the mindset that pages and illustrations are limited resources.

For Beelzebufo in PLOS ONE, read baby Parasaurolophus in PeerJ, which we described as “the world’s most open-access dinosaur“. This paper is 83 pages of technicolour goodness, plus all the 3d models you can eat. And the crazy thing is, this sort of detail in descriptive papers is not even exceptional any more — see for example the recent description of Canardia in PLOS ONE, or this analysis of croc respiration in PeerJ

Years ago, I said that in the Archbishop descriptions I wanted to raise the bar for quality of illustration. Well, I’ve taken so long over getting the Archbishop done that the bar has been raised, and now I’m scrambling to catch up. Certainly the illustrations even in our 2011 description of Brontomerus are starting to look a bit old-fashioned.

And of course, the truly astonishing thing about PeerJ is that it does this so very cheaply. Because I’m already a member (which cost me $99), the Archbishop description is going to be free to me to publish this year. (This year for sure!) If we also get our Barosaurus neck preprint published properly this year,then I’ll have to find $100 to upgrade my Basic membership to Enhanced. That’s cheap enough that it’s not even worth going through the hassle of trying to get Bristol to pay for me. And if I ever hit a year when I publish three or more papers, I’ll upgrade once more (for another $100) to the Investigator plan and then that’s it: I’m done paying PeerJ forever, however many papers I publish there. (Matt jumped straight to the all-you-can-eat plan, so he wouldn’t even have to think about it ever again.)

Barosaurus lentus holotype YPM 429, Vertebra Q (C?13). Top row: left ventrolateral view. Middle row, from left to right: anterior view, with ventral to the right; ventral view; posterior view, with ventral to the left. Bottom row: right lateral view, inverted. Inset shows diapophyseal facet on right side of vertebra, indicating that the cervical ribs were unfused in this individual despite its great size. Note the broad, flat prezygapophyseal facet visible in anterior view. (Taylor and Wedel 2013b: figure 6)


Barosaurus lentus holotype YPM 429, Vertebra Q (C?13). Top row: left ventrolateral view. Middle row, from left to right: anterior view, with ventral to the right; ventral view; posterior view, with ventral to the left. Bottom row: right lateral view, inverted. Inset shows diapophyseal facet on right side of vertebra, indicating that the cervical ribs were unfused in this individual despite its great size. Note the broad, flat prezygapophyseal facet visible in anterior view. (Taylor and Wedel 2013b: figure 6)

PeerJ’s pricing is making PLOS ONE’s $1350 APC look distinctly old-fashioned; and the $3000 charged by the legacy publishers (for a distinctly inferior product) is now frankly embarrassing. You might expect that as such low prices, PeerJ’s quality of service would suffer, but that’s not been our experience: editing, reviewing, typesetting and proofing for our neck-anatomy paper were all up there with the best we’ve received anywhere.

And it’s great to see that it’s not just minor researchers like Matt and me who are persuaded by PeerJ: they’ve now accumulated a frankly stellar list of 20 universities (so far) with institutional plans for researchers to publish there. When I say “stellar” I mean that the list includes Harvard, MIT, Cambridge, Berkeley, Stanford, Johns Hopkins, UCL, Carnegie Mellon, Duke … the list goes on.

We can only hope that the next year, and the next ten and twenty, are as successful for PeerJ as the first has been; and that other New Generation publishers will join it in pushing the field forward.

I leave the last word to Matt:

I’m getting Vicki a lifetime membership for Valentine’s Day. Because I’m a romantic.

She’s a lucky, lucky woman.

Stop what you’re doing and go read Cameron Neylon’s blog. Specifically, read his new post, Improving on “Access to Research”.

Regular readers of SV-POW! might legitimately complain that my so-called advocacy consists mostly of whining about how rubbish things are. If you find that wearying (and I won’t blame you if you do), then read Cameron instead: he goes beyond critiquing what is, and sees what could be. Here is a key quote on this new post:

I did this on a rainy Saturday afternoon because I could, because it helped me learn a few things, and because it was fun. I’m one of tens or hundreds of thousands who could have done this, who might apply those skills to cleaning up the geocoding of species in research articles, or extracting chemical names, or phylogenetic trees, or finding new ways to understand the networks of influence in the research literature. I’m not going to ask for permission, I’m not going to go out of my way to get access, and I’m not going to build something I’m not allowed to share. A few dedicated individuals will tackle the permissions issues and the politics. The rest will just move on to the next interesting, and more accessible, puzzle.

Right! Open access is not about reducing subscription costs to libraries, or about  slicing away the absurd profits of the legacy publishers, or about a change to business models. It’s about doing new and exciting things that simply weren’t possible before.

 

From the files of J. K. Rowling.

Dear Ms. Rowling,

Thank you for submitting your manuscript Harry Potter and the Half-Blood Prince. We will be happy to consider it for publication. However we have some concerns about the excessive length of this manuscript. We usually handle works of 5-20 pages, sometimes as much as 30 pages. Your 1337-page manuscript exceeds these limits, and requires some trimming.

We suggest that this rather wide-ranging work could usefully be split into a number of smaller, more tightly focussed, papers. In particular, we feel that the “magic” theme is not appropriate for our venue, and should be excised from the current submission.

Assuming you are happy to make these changes, we will be pleased to work with you on this project.

Correspondence ends.

Esteemed Joenne Kay Rowling,

We are delightful to recieve your manuscript Harry Potter and the Half-Blood Prince and we look forword to publish it in our highly prestigious International Journal of Story Peer Reviewed which in 2013 is awarded an impact factor of 0.024.

Before we can progression this mutually benefit work, we require you to send a cheque for $5,000 US Dollars to the above address.

Correspondence ends.

Dear J.R.R. Rowling,

We are in receipt of your manuscript Harry Potter and the Half-Blood Prince. Unfortunately, after a discussion with the editorial board, we concluded that it is insufficiently novel to warrant publication in our journal, which is one of the leading venues in its field. Although your work is well executed, it does not represent a significant advance in scholarship.

That is not to say that minor studies such as yours are of no value, however! Have you considered one of the smaller society journals?

Correspondence ends.

Dear Dr. Rowling

Your submission Harry Potter and the Half-Blood Prince has passed initial editorial checks and will now be sent to two peer-reviewers. We will contact you when we have their reports and are able to make a decision.

Dear Dr. Rowling

Re: Harry Potter and the Half-Blood Prince.

We agree that eighteen months is too long for a manuscript to spend in review. On making inquiries, we find that we are unfortunately no longer able to contact the editor who was handling your submission.

We have appointed a new handling editor, who will send your submission to two new reviewers. We will contact you as soon as the new editor has made a decision.

Dear Dr. Rowling

Re: Harry Potter and the Half-Blood Prince.

Your complaint is quite justified. We will chase the reviewers.

Dear Dr. Rowling

I am pleased to say that the reviewers have returned their reports on your submission Harry Potter and the Half-Blood Prince and we are able to make an editiorial decision, which is ACCEPT WITH MAJOR REVISION.

Reviewer 1 felt that the core point of your contribution could be made much more succinctly, and recommended that you remove the characters of Ron, Hermione, Draco, Hagrid and Snape. I concur with his assessment that the final version will be tighter and stronger for these cuts, and am confident that you can make them in a way that does not compromise the plot.

Reviewer 2 was positive over all, but did not like being surprised by the ending, and felt that it should have been outlined in the abstract. She also felt that citation of earlier works including Lewis (1950, 1951, 1952, 1953, 1954, 1955, 1956) and Pullman (1995, 1997, 2000) would be appropriate, and noted an over-use of constructions such as “… said Hermione, warningly”.

Dear Dr. Rowling

Thank you for your revised manuscript of Harry Potter and the Half-Blood Prince, which it is our pleasure to accept. We now ask you to sign the attached copyright transfer form, so we can proceed with publication.

Dear Dr. Rowling

I am sorry that you are unhappy about this, but transfer of copyright is our standard procedure, and we must insist on it as a prerequisite for publication. None of our other authors have complained.

Dear Dr. Rowling

Thank you for the signed copyright transfer form.

In answer to your query, no, we do not pay royalties.

Dear Dr. Rowling

Sadly, no, we are unable to make an exception in the matter of royalties.

Dear Dr. Rowling

Your book has now been formatted. We attach a proof PDF. Please read this very carefully as this is the last chance to spot errors.

You will readily appreciate that publishing is an expensive business. In order to remain competitive we have had to reduce costs, and as a result we are no longer able to offer proof-reading or copy-editing. Therefore you are responsible for ensuring the copy is clean.

At this stage, changes should be kept as small as possible, otherwise a charge may be incurred for re-typesetting.

Dear Dr. Rowling

Many thanks for returning the corrected proofs of Harry Potter and the Half-Blood Prince. We will proceed with publication.

Now that the final length of your contribution is known, we are able to assess page charges. At 607 pages, this work exceeds our standard twenty free pages by 587. At $140 US per page, this comes to $82,180. We would be grateful if you would forward us a cheque for this amount at your convenience.

Dear Dr. Rowling

Thank you for you prompt payment of the page charges. We agree that these are regrettable, but sadly they are part of the reality of the publishing business.

We are delighted to inform you that Harry Potter and the Half-Blood Prince is now published online, and has been assigned the DOI 10.123.45678.

We thank you for working on this fine contribution with us, and hope you will consider us for your future publications.

Dear Dr. Rowling

You are correct, your book is not freely downloadable. As we explained earlier in this correspondence, publishing is an expensive business. We recover our substantial costs by means of subscriptions and paid downloads.

In our experience, those with the most need to read your book will probably have institutional access. As for those who do not: if your readers are as keen as you say, they will no doubt find the customary download fee of $37.95 more than reasonable. Alternatively, readers can rent online access at the convenient price of $9.95 per 24 hours.

Dear Dr. Rowling

I am sorry that you feel the need to take that tone. I must reiterate, as already stated, that the revenues from download charges are not sufficient for us to be able to pay royalties. The $37.95 goes to cover our own costs.

If you wish for your book to be available as “open access”, then you may take advantage of our Freedom Through Slavery option. This will attract a further charge of $3,000, which can be paid by cheque as previously.

Dr. Rowling

Your attitude is really quite difficult to understand. All of this was quite clearly set out on our web-site, and should have been understood by you before you made your submission.

As stated in the copyright transfer form that you signed, you do not retain the right to post freely downloadable copies of your work, since you are no longer the copyright holder.

Dr. Rowling

We must ask you not to contact your handling editor directly. He was quite shaken by your latest outburst. If you feel you must write to us again, we must ask you to moderate your language, which is quite unsuitable for a lady. Meanwhile, we remind you that our publishing agreement follows industry best practice. It’s too late to complain about it now.

Correspondence ends.

Dear Pyramid Web-Hosting,

Copyright claim

We write on behalf of our client, Ancient Monolith Scholarly Publishing, who we assert are the copyright holders of Harry Potter and the Half-Blood Prince. It has come to our attention that a copy of this copyrighted work has been posted on a site hosted by you at the URL below.

This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringement. We request that you immediately issue a cancellation message as specified in RFC 1036 for the specified posting and prevent the infringer, Ms. J. K. Rowling, from posting the infringing material to your servers in the future. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing material upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.

Please send us at the address above a prompt response indicating the actions you have taken to resolve this matter.

Correspondence ends.

Historical Note

Examination of Ms. Rowling’s personal effects established that she had written most of a seventh book, Harry Potter and the Deathly Hallows. However, Rowling never sought to publish this final book in the series.

Lost in the stacks bills itself as “the one-and-only research-library rock’n’ roll radio show”. Every Friday, they broadcast a one-hour show on WREK Atlanta, where they chat about research-library issues and play tenuously relevant songs.

The week’s show features Matt and me chatting about open access (and a bit about sauropods), interspersed with dinosaur-themed songs. The recording will be available for download from their site for some weeks; after it expires, my copy will still be around.

(You can skip to 5:50 if you like: the first segment is introduction and a rather dull instrumental.)

Here’s the full programme:

  • Introduction
  • The Piltdown Men: The Brontosaurus Stomp
  • Discussion of open access
  • Johnny Cash: The Dinosaur Song
  • King Crimson: Dinosaur
  • Discussion of open access
  • The Police: Walking in your Footsteps
  • T. Rex: Ride a White Swan
  • The Vindictives: And The World Isn’t Flat Any More
  • Discussion of dinosaurs
  • Captain Beefheart: The Smithsonian Institute Blues
  • Jonathan Richman: I’m a Little Dinosaur
  • Conclusion and credits
  • Pete Seeger: Turn, Turn, Turn
  • Mailbag

[NB. The Captain Beefheart song is from an album that is the subject of my all-time favourite single sentence of rock criticism: "Lick My Decals Off, Baby was a further refining and exploration of the musical ideas posited on Trout Mask Replica."]

Our thanks to Fred H. Rascoe, Scholarly Communication Librarian at Georgia Tech, for arranging this and doing the interview. Our apologies to each other, for the times we talk across each other.

[Introduction from Mike. I'm on the OKFN's open-access mailing list, where we're currently embroiled in a rather tedious reiteration of the debate about the merits of the various open-access licences. On Monday, veteran of the OA wars Jan Velterop posted a message so perfect that I immediately asked him for permission to re-publish it as a guest post here on SV-POW!. He kindly agreed, so over to Jan for the rest of this post. The only changes I've made are to highlight what I consider the key passages.]

I’ve been following this discussion with increasing bemusement. Frankly, it’s getting ridiculous, at least in my humble opinion. A discussion such as this one about licensing and copyright only serves to demonstrate that copyright, once conceived as a way to stimulate and enable science and the arts, has degenerated into a way to frustrate, derange and debilitate knowledge exchange.

I’m not the first one to point out that absolutely anything, under any copyright licence or none, could be abused for evil purposes or, in more mild circumstances, lead to misunderstandings and accidental abuse. I agree with all those who said it.

The issue here is what science and scientific results stand for. Their purpose is emphatically not “to be copyrightable items”. Copyright, invented to combat commercial abuse, has become a means of commercial abuse. The purpose of science and scientific results is to enrich the world’s knowledge. Any commercial advantage – appropriate for industrially funded research – can be had by 1) keeping results secret (i.e. not publishing them), or 2) getting a patent. Science, particularly modern science, is nothing without a liberal exchange of ideas and information.

Ideally, scientific publications are not copyrightable at all, and community standards take care of proper acknowledgement. We don’t live in an ideal world, so we have to get as close as we can to that ideal, and that is by ameliorating the insidious pernicious effects of copyright with CC-Zero and CC-BY licences.

The existence of the NC rider or stipulation for CC licences is unfortunate and quite damaging. Mainly because of the vagueness and ambiguity of what ‘commercial use’ means. Ideas in published articles can be freely used for commercial purposes of any kind, as ideas are not copyrightable. Only “the way the ideas have been formulated” is covered by copyright, and thus by the NC clause in copyright licences. In my interpretation that means that most usage of published material that is not a straightforward selling of text or images can be freely done. But that’s my interpretation. And that’s exactly where it rubs, because all the NC clause does is introduce hypothetical difficulties and liabilities. As a result of which, NC practically means: “stay away from using this material, because you never know with all those predatory legal eagles around”. In other words, it’s virtually useless for modern, sophisticated scientific knowledge discovery, which doesn’t just consist of reading papers any longer, but increasingly relies on the ability to machine-process large amounts of relevant information, as human ocular reading of even a fraction of the information is not possible anymore. At least not in most fast-moving areas of the sciences. Read this article, or similar ones, if you want to be convinced: On the impossibility of being expert, BMJ 2010; 341  (Published 14 December 2010 – unfortunately behind a paywall).

The taxpayer angle (“must be open because the taxpayer paid for it”), leading to Kent Andersonian notions of knowledge protectionism (“results of research paid by US taxpayers should not be available to non-US citizens unless they pay for it”), is a most unfortunate, visceral and primitive reaction and a complete red herring. For many reasons, not least because the taxpayer, or vicariously the taxman, isn’t the party that pockets any money payed for paywalled information. Besides, how far do you go? Americans not being allowed to stay alive due to a cure that was developed with public money in Switzerland unless they pay through the nose for it to the Swiss tax authorities? The “as-long-as-I-am-well-the-rest-of-you-can-go-to-hell” personality disorder. The whole idea is so against the ethos of science that those even thinking in that direction must be taken to be utterly and entirely unsuitable to any role in the scientific community.

Access control and restriction via copyright was at best a necessary evil in the print era; the ‘necessary’, though, has disappeared in the web environment.

Have a nice day!

Jan Velterop

My thanks to Steve Wang for pointing out that The Paleontological Society (in the USA, not to be confused the UK’s Palaeontological Association) has a new open access policy. The highlights are:

The Journal of Paleontology and Paleobiology now offer two options for Open Access publishing [...]

Gold Open Access: authors or their institution may purchase Gold OA for their article by paying an Article Processing Fee (APC) of $2,500 ($1,500 for Society members). [...] Gold Open Access articles will be published under the terms of the CC-BY-NC 3.0 license by default or CC-BY 3.0 license upon request.

Green Open Access: Authors of all articles published in the Journal of Paleontology or Paleobiology may freely post (e.g., to personal and institutional web sites) and distribute freely the final accepted manuscript file (not the pdf of the published article) under Green Open Access, 12 months after its publication.

Positives

It’s good to see this real step forwards, and a lot of people are going to be particularly pleased that both Gold and Green are on offer.

The Gold APC, especially for members, is noticeably cheaper than at most of the legacy publishers. (It’s $2500 for non-members, but they can join the society for $55 to take advantage of the lower price.) Elsevier, Springer, Wiley and Taylor and Francis have all spontaneously arrived at APCs at or very close to $3000 (and I’m quite sure there was no illegal price-fixing involved.) Members pay half of that — which is in the same ball-park as PLOS ONE’s long-established benchmark of $1350.

It’s excellent that there is an option to make the Gold articles true, BOAI-compliant open access by using the CC By licence.

It’s good that the Green OA embargo is no longer than 12 months.

Negatives

While $1500 is half the price of legacy publishers’ OA offerings, it still feels like a previous-generation APC. PeerJ, Ubiquity and Magnolia Press among others have raised the bar (or do I mean lowered it?) by charging APCs an order of magnitude less. It’s a shame that the Paleontological Society haven’t opted to go with a next-gen publisher such as Ubiquity, who publish quite a few society journals at good prices.

The default to the CC By-NC licence is unfortunate, as it will prevent legitimate scholarly uses including re-use of figures in commercial journals, uses in teaching at universities that charge tuition, and use in Wikipedia. We can hope that most authors will choose CC By, which suffers from none of these drawbacks; but experience shows that most authors’s immediate reaction, before they’ve thought it through in detail, is to err towards imposing more rather than less restrictions. The Society could have set expectations differently by using CC By except where authors request CC By-NC.

It’s odd that the policy stipulates that version 3.0 of the CC licences is used, when the current version is 4.0, but it’s not a big deal.

The imposition of the Green OA embargo is unfortunate (All Green-OA embargoes are iniquitous). Not only that, but 12 months exceeds the 6 months suggested by the better, earlier version of the RCUK policy and some others.

Nothing at all is said about the licence under which Green OA manuscripts should be made available. This is a missed opportunity, since in the absence of a clear statement of what is allowed, potential users will err on the side of safety — so, for example, PaleoSoc Green papers are likely to be omitted from content-mining projects.

Summary

This policy represents a valuable step forward for the Society; but it’s not all it could have been.

Some of the limitations have been imposed by the Society for its own benefit, which one can understand: the highish APC, the embargo (though of course there is no evidence that embargo-less Green affects subscription revenue).

But other limitations could easily be fixed at no cost to the Society. In particular, I would like to see them reverse the CC By/By-NC option, so that the more open option is the default; and I’d like them to make it clear that Green OA papers may be (and should preferentially be) provided under CC By, too.

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