May 7, 2014
[NOTE: see the updates at the bottom. In summary, there's nothing to see here and I was mistaken in posting this in the first place.]
Elsevier’s War On Access was stepped up last year when they started contacting individual universities to prevent them from letting the world read their research. Today I got this message from a librarian at my university:
The irony that this was sent from the Library’s “Open Access Team” is not lost on me. Added bonus irony: this takedown notification pertains to an article about how openness combats mistrust and secrecy. Well. You’d almost think NPG wants mistrust and secrecy, wouldn’t you? It’s sometimes been noted that by talking so much about Elsevier on this blog, we can appear to be giving other barrier-based publishers a free ride. If we give that impression, it’s not deliberate. By initiating this takedown, Nature Publishing Group has self-identified itself as yet another so-called academic publisher that is in fact an enemy of science. So what next? Anyone who wants a PDF of this (completely trivial) letter can still get one very easily from my own web-site, so in that sense no damage has been done. But it does leave me wondering what the point of the Institutional Repository is. In practice it seems to be a single point of weakness allowing “publishers” to do the maximum amount of damage with a single attack.
But part of me thinks the thing to do is take the accepted manuscript and format it myself in the exact same way as Nature did, and post that. Just because I can. Because the bottom line is that typesetting is the only actual service they offered Andy, Matt and me in exchange for our right to show our work to the world, and that is a trivial service.
The other outcome is that this hardens my determination never to send anything to Nature again. Now it’s not like my research program is likely to turn up tabloid-friendly results anyway, so this is a bit of a null resolution. But you never know: if I happen to stumble across sauropod feather impressions in an overlooked Wealden fossil, then that discovery is going straight to PeerJ, PLOS, BMC, F1000 Research, Frontiers or another open-access publisher, just like all my other work.
And that’s sheer self-interest at work there, just as much as it’s a statement. I will not let my best work be hidden from the world. Why would anyone?
Let’s finish with another outing for this meme-ready image.
David Mainwaring (on Twitter) and James Bisset (in the comment below) both pointed out that I’ve not seen an actual takedown request from NPG — just the takedown notification from my own library. I assumed that the library were doing this in response to hassle from NPG
, but of course it’s possible that my own library’s Open Access Team is unilaterally trying to prevent access to the work of its university’s researchers.
I’ve emailed Lyn Duffy to ask for clarification. In the mean time, NPG’s Grace Baynes has tweeted:
So it looks like this may be even more bizarre than I’d realised.
Further bulletins as events warrant.
OK, consensus is that I read this completely wrong. Matt’s comment below says it best:
I have always understood institutional repositories to be repositories for author’s accepted manuscripts, not for publisher’s formatted versions of record. By that understanding, if you upload the latter, you’re breaking the rules, and basically pitting the repository against the publisher.
Which is, at least, not a nice thing to do to the respository.
So the conclusion is: I was wrong, and there’s nothing to see here apart from me being embarrassed. That’s why I’ve struck through much of the text above. (We try not to actually delete things from this blog, to avoid giving a false history.)
My apologies to Lyn Duffy, who was just doing her job.
This just in from Lyn Duffy, confirming that, as David and James guessed, NPG did not send a takedown notice:
This PDF was removed as part of the standard validation work of the Open Access team and was not prompted by communication from Nature Publishing. We validate every full-text document that is uploaded to Pure to make sure that the publisher permits posting of that version in an institutional repository. Only after validation are full-text documents made publicly available.
In this case we were following the regulations as stated in the Nature Publishing policy about confidentiality and pre-publicity. The policy says, ‘The published version — copyedited and in Nature journal format — may not be posted on any website or preprint server’ (http://www.nature.com/authors/policies/confidentiality.html). In the information for authors about ‘Other material published in Nature’ it says, ‘All articles for all sections of Nature are considered according to our usual conditions of publication’ (http://www.nature.com/nature/authors/gta/others.html#correspondence). We took this to mean that material such as correspondence have the same posting restrictions as other material published by Nature Publishing.
If we have made the wrong decision in this case and you do have permission from Nature Publishing to make the PDF of your correspondence publicly available via an institutional repository, we can upload the PDF to the record.
Open Access Team
Here’s the text of the original notification email so search-engines can pick it up. (If you read the screen-grab above, you can ignore this.)
University of Bristol — Pure
Lyn Duffy has added a comment
Sharing: public databases combat mistrust and secrecy
Farke, A. A., Taylor, M. P. & Wedel, M. J. 22 Oct 2009 In : Nature. 461, 7267, p. 1053
Research output: Contribution to journal › Article
Lyn Duffy has added a comment 7/05/14 10:23
Dear Michael, Apologies for the delay in checking your record. It appears that the document you have uploaded alongside this record is the publishers own version/PDF and making this version openly accessible in Pure is prohibited by the publisher, as a result the document has been removed from the record. In this particular instance the publisher would allow you to make accessible the postprint version of the paper, i.e., the article in the form accepted for publication in the journal following the process of peer review. Please upload an acceptable version of the paper if you have one. If you have any questions about this please get back to us, or send an email directly to firstname.lastname@example.org Kind regards, Lyn Duffy Library Open Access Team.
April 25, 2014
Eminent British mathematician Tim Gowers has written an epic post on his attempts to get universities to disclose how much they pay for their Elsevier subscriptions. There is a lot of fascinating anecdote in there, and a shedload of important data — it’s very well worth a read.
But here is the part that staggered me most. Gowers wrote to (among others) Queen’s University Belfast, requesting the subscription cost under Freedom of Information rules. The reply was from Amanda Aicken, Information Compliance Unit (and by the way was addressed to Mr. Gowers, but let it pass). It refused to disclose the price on the basis that:
The disclosure of this information would be likely to have a detrimental effect on Elsevier’s future negotiating position with [...] the University.
Now that paragraph is exactly equivalent to:
The disclosure of this information would be likely to have a positive effect on the University’s future negotiating position with Elsevier.
Wouldn’t a decent university administrator think that’s a good thing?
March 20, 2014
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.
March 11, 2014
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:
(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
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,
Dr Alicia Wise
Director of Access and Policy
(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.
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.
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.
February 3, 2014
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.
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.
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?
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.
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.
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.
Dear Pyramid Web-Hosting,
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.
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.
January 13, 2014
So, I’ve been thinking a lot about this interesting situation with Elsevier, which David Tempest’s remarks at the Oxford Evolution or Revolution debate highlighted: they can’t afford (literally or figuratively) to tell us how much they charge different institutions for the same stuff.
And I had this thought, which Mike tweeted:
When simply telling the truth can blow up your business model, you need a new business model.
Mash that up with “information wants to be free” and “if all else fails, someone will show up to liberate it”, and you get this:
When a single person of good conscience can blow up your business model simply by telling the truth, you need a new business model.
If we’ve learned anything in the past few years, it is that humans are the weak link in any campaign of secrecy.
We know that all of the big barrier-based publishers have these bundling deals with libraries, and that no-one on either side is allowed to say what the terms of those deals are. But there must be a lot of people with access to that information. And at least some of them must know how much libraries are getting screwed, precisely because they have access to that information. Seems unlikely that information will stay secret forever.
So, should we be expecting a Snowden-type leak from one or another barrier-based publisher? It doesn’t have to be Elsevier, but I think if it happens they’re the most likely target, because they are so single-minded about cultivating the ill-will of the people they allegedly serve (most recently with this and this). Sometimes I wonder if the other barrier-based publishers are getting too much of a free pass precisely because Elsevier is so good at tossing grenades and then jumping on them.
Corollary: barrier-based publishers, what are you doing to prepare for such a leak? “More secrecy” and “harsher penalties” will probably not work out well in the long run. But do feel free to keep scoring own goals if you must.
January 3, 2014
The Scholarly Kitchen is the blog of the Society of Scholarly Publishers, and as such discusses lots of issues that are of interest to us. But a while back, I gave up commenting there two reasons. First, it seemed rare that fruitful discussions emerged, rather than mere echo-chamberism; and second, my comments would often be deliberately delayed for several hours “to let others get in first”, and randomly discarded completely for reasons that I found completely opaque.
But since June, when David Crotty took over as Editor-in-Chief from Kent Anderson, I’ve sensed a change in the wind: more thoughtful pieces, less head-in-the-sandism over the inevitable coming changes in scholarly publishing, and even genuinely fruitful back-and-forth in the comments. I was optimistic that the Kitchen could become a genuine hub of cross-fertilisation.
But then, this: The Jack Andraka Story — Uncovering the Hidden Contradictions Behind a Science Folk Hero [cached copy]. Ex-editor Kent Anderson has risen from the grave to give us this attack piece on a fifteen-year-old.
I’m frankly astonished that David Crotty allowed this spiteful piece on the blog he edits. Is Kent Anderson so big that no-one can tell him “no”? Embarrassingly, he is currently president of the SSP, which maybe gives him leverage over the blog. But I’m completely baffled over how Crotty, Anderson or anyone else can think this piece will achieve anything other than to destroy the reputation of the Kitchen.
As Eva Amsen says, “I got as far as the part where he says Jack is not a “layperson” because his parents are middle class. (What?) Then closed tab.” I could do a paragraph-by-paragraph takedown of Anderson’s article, as Michael Eisen did for Jeffrey Beall’s anti-OA coming-out letter; but it really doesn’t deserve that level of attention.
So why am I even mentioning it? Because Jack Andraka doesn’t deserve to be hunted by a troll. I’m not going to be the only one finally giving up on The Scholarly Kitchen if David Crotty doesn’t do something to control his attack dog.
Seriously, David. You’re better than that. You have to be.
Anderson, Kent. 2014. The Jack Andraka Story — Uncovering the Hidden Contradictions Behind a Science Folk Hero. Society of Scholarly Publishers. The Scholarly Kitchen, Society of Scholarly Publishers. URL:http://scholarlykitchen.sspnet.org/2014/01/03/the-jack-andraka-story-uncovering-the-hidden-contradictions-of-an-oa-paragon/. Accessed: 2014-01-03. (Archived by WebCite® at http://www.webcitation.org/6MLiAaC9o)