Good news!

Probably by now everyone’s heard about the European Union’s conclusions on the transition towards an Open Science system. This is progressive and positive, pretty much from start to finish. It’s so good that you should really read the whole thing — but here are some edited highlights:

The Council of the European Union […] STRESSES that open science entails amongst others open access to scientific publications and optimal reuse of research data, citizens science, and research integrity; TAKES NOTE that open access to scientific publications and optimal reuse of research data are of utmost importance for the development of open science.
[…]
AGREES that the results of publicly funded research should be made available in an as open as possible manner and ACKNOWLEDGES that unnecessary legal, organisational and financial barriers to access results of publicly funded research should be removed as much as possible and appropriate in order to attain optimal knowledge sharing, taking into account when necessary the need for exploitation of results,
[…]
CONSIDERS that assessing scientific quality should be based on the work itself and be broadened to include an assessment of the impact of science on society at large, while the current focus is on indicators based on impact of journals and publication citation counts.
[…]
STRESSES that incentive mechanisms need to be put in place to reward researchers (and research stakeholders) for sharing the results of their research for reuse;
[…]
STRESSES the need to continue the support by the Commission and Member States to allow all bodies and organisations, including citizens, scientists and businesses and SMEs, to mine results of publicly funded research they already have legal access to.
[…]
BELIEVES that optimal access and reuse of the results of scientific work can be enhanced if researchers or their employers retain the copyright on their scientific works; INVITES the Commission and the Member States to explore legal possibilities for measures in this respect and promote the use of licensing models, such as Creative Commons, for scientific publications and research data sets.
[…]
WELCOMES open access to scientific publications14 as the option by default for publishing the results of publicly funded research; RECOGNISES that the full scale transition towards open access should be based on common principles such as transparency, research integrity, sustainability, fair pricing and economic viability; and CALLS on Member States, the Commission and stakeholders to remove financial and legal barriers, and to take the necessary steps for successful implementation in all scientific domains, including specific measures for disciplines where obstacles hinder its progress.
[…]
AGREES to further promote the mainstreaming of open access to scientific publications by continuing to support a transition to immediate open access as the default by 2020, using the various models possible and in a cost-effective way, without embargoes or with as short as possible embargoes, and without financial and legal barriers.
[…]
WELCOMES the intention of the Commission to make research data produced by the Horizon 2020 programme open by default17, whilst recognising the right of opting out on grounds based on Intellectual Property Rights, personal data protection and confidentiality, security concerns, and other legitimate interests.

Well, the good news just keeps coming. This is good for us all, of course: for researchers, for funders, for doctors, for patients, for schoolteachers, for university lecturers, for legislators, for local government officials.

Who could possibly oppose such a thing?

Bad news!

Suprise! The International Association of STM Publishers — which is pleased to call itself “the global voice of scholarly publishing” — released this statement in response to the EU conclusions:

We note with concern, suggested embargo periods which do not take into account the long-term sustainability of continued quality content generation.

(Let me translate this, for anyone not familiar with STM-speak: “we note with concern” means “we will fight tooth and nail against”; “sustainability” means continuing the current levels of profitability; “quality content generation” means accepting the donations of manuscripts from researchers.)

But wait — there’s more!

[We note with concern] proposed extensions to commercial text and data mining (TDM) which pre-empt the current work of the EU Commission on impact assessments.

Yes — the STM Association is against text-mining as well as immediate open access.

And this, folks, is the kind of thing I’m on about when I say that legacy publishers are not our friends. I reiterate once more that I’m not saying they are evil; just that their interests are the opposite of ours; and by “ours” I mean basically everyone — all the doctors and teachers and suchlike that I mentioned above.

Those who want to dig into this will be interested in SPARC’s dissection of the STM response, but I don’t need to go on. What I want to say here is that, while we don’t need to demonise the STM Association, we do need to do all we can to make sure they’re unable to prevent the progress that the EU is pushing for here.

Addendum

By the way, who is this STM Association? Is it just a rogue group of a few luddite publishers who got left behind in the 1900s when everyone else had moved on? Sadly not. As their own press release reminds us, “STM is an international association of over 120 scientific, technical, medical and scholarly publishers, collectively responsible for more than 60% of the global annual output of research articles.” When they write these regressive things, they are not speaking for a lunatic fringe of legacy publishers; they are the mainstream.

Those of you who work for more progressive publishers who support the European Union’s proposals: are you satisfied to have STM speaking for you? If not, what can you do to change their position? And if you can’t do anything to make this body actually represent you, do you really want to be members?

Update (the next morning)

See also: Chris Hartgerink’s satirical rewrite of the STM response! Thanks to Jon Tennant for drawing my attention to this.

I’m on a public mailing list that was initially set up for delegates of the OSI2016 conference. In a recent email to that list, I pointed out that we can never know whether or not publishers are double-dipping (accepting APCs and subscriptions for the same content) unless they are totally transparent about their finances — and nothing in their history makes it likely that that’s ever going to happen.

Transparency-Glass

Glenn Hampson, who convened the conference, also informally sets the tone for the mailing list — and does it with a commendably light touch. He sent a very reasonable reply to my message, which I’ll quote in full:

Hi Mike,

I know you’re not the only one who feels this way. So speaking to you and these others, let me say this:

1. You are engaged in a new enterprise with OSI to be able to speak face-to-face on an at-will basis with a wide variety of high-level stakeholders. It’s a different dynamic than what some of you have been used to. If you’d like to see detailed information, just ask for it. If you take issue with certain points of view, ask for clarification and explanation. A big part of the problem to-date in the scholcomm reform conversation has been this dynamic of launching barrages across each other’s bows without really talking and without seeing each other as part of the same team. Please take full advantage of this forum to talk and think through solutions. Don’t assume that because it hasn’t been done before it won’t happen. And,

2. Labels aren’t helpful here. They’re just positions wrapped in semantics. There is lots of double-dipping that occurs everywhere—some could make the case that all of scholcomm is double-dipping since the university pays to play and pays again to subscribe. I don’t know if this is evidence of ill-will, but for the sake of our working partnership, let’s assume that it isn’t, and that more largely, it is evidence of a system that isn’t efficient and effective right now for anyone, and that’s what we’re all working together to fix. To paint our colleagues into a corner by accusing them of wrongdoing and then expecting them to work together with us for change is just continuing with the same dynamic we’ve tried for the past 15 years.

I hope this doesn’t sound harsh. This is an interesting digression, but it takes us down a dark and unproductive path. We’re trying to chart a new, collaborative path toward new, collaborative solutions and not rehash old arguments and approaches. So drawing from what you’re asking here, a different approach might be to ask whether it would be possible to get more transparency in the system, what kind of transparency is needed and why, what precedents we can draw on to support this request, etc.

I’ve quoted this message because it’s intelligent, humane, conciliatory and collaborative. It’s a model of how such messages should be written, positive from top to bottom, and striving to think the best of everyone involved.

Group of business people assembling jigsaw puzzle and represent team support and help concept

Unfortunately, I think it’s also completely deluded.

Glenn refers to “this dynamic of launching barrages across each other’s bows without really talking and without seeing each other as part of the same team”. But the legacy publishers are not part of the same team. They are just not. Just like Manchester United and Arsenal are not part of the same team. There is no outcome that will satisfy both Manchester United and Arsenal because their interests are antithetical. And in exactly the same way, there is no outcome that will satisfy both the community of researchers and the legacy publishers.

Why not?

  • Researchers want their community to own the infrastructure; but legacy publishers want to control it.
  • Researchers want their output to be available to everyone everywhere at zero cost; but legacy publishers want to ration access, and charge for it.
  • Researchers want to to pay low subscription fees and APCs; but legacy publishers want to be paid high subscription fees and APCs.

Now none of this is exactly a criticism of legacy publishers. It’s not necessary to think they’re evil to recognise that they are on a different team from us. I don’t think the Russian football team is evil, but I still want them to lose when they play on 11 June — because they’re playing England, and I want England to win.

So to return to Glenn’s email, he writes plaintively: “To paint our colleagues into a corner by accusing them of wrongdoing and then expecting them to work together with us for change is just continuing with the same dynamic we’ve tried for the past 15 years.” And he is quite right that this hasn’t worked for the last fifteen years. But the reason it hasn’t worked is because they won’t work together with us for change — or at least, not for the change that we want. Of course they won’t! It wouldn’t be in their interests. England and Russia won’t work together on 11 June, either. They will work against each other.

And we in the research community really need to face up to the fact that this is exactly what legacy publishers have been doing for those last fifteen years, and what they will continue doing. At every stage in every discussion and every negotiation, they will do what is best for them. And that will rarely be aligned with what is best for us, and will often be directly opposed to it.

So, for example, Glenn suggests that “a different approach might be to ask whether it would be possible to get more transparency in the system”. But we won’t get any more transparency than the legacy publishers absolutely have to give us, for the simple reason that it’s not in their interests to be transparent. That’s why they impose confidentiality clauses on libraries, as Elsevier’s David Tempest helpfully explains. And that in turn is why Tim Gowers had to use Freedom Of Information legislation to prise even the most basic subscription cost information out of UK universities. The idea that the legacy publishers will start voluntarily sharing information that they have hidden by imposing contract clauses is optimism of the most unrealistic kind.

article-2589287-1C8FF37B00000578-523_634x458

We don’t have to be jerks about this. We don’t need to demonise legacy publishers. We just need to recognise and accept the simple facts of the situation, and make our plans accordingly.

What makes this difficult for a lot of people is that the legacy publishers have a long-running tradition of depicting themselves as researchers’ partners rather than our opponents. The idea probably dates back decades, to when publishers really were partners in the research process — when they provided the best and only way for results to be disseminated. But those days are long gone, and the left-over rhetoric hasn’t reflected reality for a good long time.

And yet researchers, peer-reviewers, editors, libraries, university administrators, funders — they all want to think of publishers as their friends. It’s understandable. We have to do business with them (at least for now) and it’s always nicer to think that we’re doing business with friends. But it’s a sad state of affairs if we believe a thing just because it would be nice if it were true.

So: a crucial part of waking up and smelling the shiny digital future is going to be the uncomfortable but unavoidable recognition of the true nature of the relationship between the research community and legacy publishers. They do not amplify the scholarly signal, they attenuate it. They’re not symbiotic with research, they are parasitic. They’re not our colleagues, they’re our opponents. Pretending otherwise is a comforting but ultimately harmful illusion.

 

I mentioned on Twitter that I’d left a comment on the Scholarly Kitchen that had been blocked in moderation, and several people asked what the comment was.

censored

It was a response to this comment from David Crotty (who as well as being a commenter is also the editor of the Scholarly Kitchen.) We were once more discussing David’s lamentable tendency to beg the question of Sci-Hub’s morality by abusing the term “theft” to mean copyright violation. My comment was as follows:

> Sorry no–a term everyone, at least the court system, agrees upon, is “theft”.

This is simply not true. It’s a crusade that you, for reasons which remain opaque to me, have taken on. Outside of a few lawyers (who, as we all know, routinely use language in completely different ways from civilians), the use of “theft” is widely recognised as an inflammatory misrepresentation.

It’s bad enough that the wildly inappropriate term “piracy” has been so widely adopted. Obfuscating the issue yet further helps literally no-one. Once more: why are you doing this? It’s hard to avoid the conclusion that it’s because you don’t believe you can win an actual argument about copyright infringement, and have to poison the rhetorical well instead.

> If I told you not to use the terms “paywall” or “toll access” because I don’t like them, would you?

What term to do you prefer over “paywall”?

In any case, “paywall” is a purely descriptive term, not an attempt to pre-decide an argument by applying an inapplicable analogy. If instead I referred to paywalls as “fraudwalls” or “embezzlewalls”, then you would certainly have a point in asking me to change my language.

> I think the easiest way to avoid this distracting nonsense is to simply moderate our comments a bit more strictly, and delete any “it’s not theft” response. Those who wish to debate semantics can do so elswhere.

Ah yes — the final solution for those who realise they can’t win an argument.

I suppose this would be as good a conclusion to this thread as any: following up the repeated and deliberate abuse of language with actual censorship has a pleasing narrative consistency; and would of course demonstrate how wrong you are far more effectively than any words you might say.

… or of course you could stop deliberately creating a pointless side-conflict.

I really don’t expect this from you, David.

I honestly can’t see what was so objectionable about this that David decided to censor it; but as I’ve noted elsewhere, it’s his blog, and his prerogative to moderate it how he sees fit. But I really don’t want to see the Scholarly Kitchen being presented as a meeting of minds, or some kind of melting pot, when it’s increasingly clear that it’s actually an advocacy site for legacy publishing — and, more to the point, for legacy publishers.

Again: there’s nothing wrong with advocacy sites. SV-POW! is one itself (among other things), and I am pretty happy about it. But no-one coming to SV-POW! is under any illusions that it’s meant to be meeting-place for all stakeholders in scholarly communication. It’s not that. It’s a place where we express one point of view: our own. (Despite this, no-one coming to SV-POW! has to worry about their comments being censored. The only comments that ever get blocked in moderation are spam and outright personal attacks.)

Of course, wiser heads than mine have realised some time ago what the Scholarly Kitchen is. People like PLOS’s Mike Eisen and the Royal Society’s Stuart Taylor stopped trying to participate some time ago; RLUK’s David Prosser says “I gave up on them quite a while ago. Occasionally read the odd article people point me to, but see no merit in engaging.” Copyright guru Charles Oppenheim writes “It could have been a good place for proper debates, but is now of no use for that”.

It’s a real shame. I think we do need a place where people on all sides of the debate can argue it out on an equal footing. But that simply isn’t possible in a venue where one of the debaters has the power to instantly gag anyone who says something he doesn’t like.

This is of course very far from my first run-in with the Scholarly Kitchen. In fact, nearly four years ago I drafted an SV-POW! post entitled “Why I am really, really, really done with The Scholarly Kitchen”, but concluded it wasn’t constructive and never posted it.

My problem is, like a dog returning to its own vomit, I keep going back in the hope of a constructive dialogue, because I am, as Philip Lord put it, “an incorrigable enthusiast”. It’s true that I retain a completely unrealistic level of optimism. But The Wretched Hive of Scholarly Villainy is slowly fixing that bug.

And now here I am again, like an addict saying “This time it’ll be different, this time I can give it up, for sure.” And this time, I will. Anyone finds me commenting on the Scholarly Kitchen again, do me a favour, come round here and kick my butt. Because it’s stupid of me to keep wasting my time there.

Here is a vertebra that Matt and I saw on our recent travels through Utah:

IMG_2530

IMG_2542

I will explain in a subsequent post where we saw it, who gave us access, where and when it is from, and so on.

For now, I want people’s gut reactions: what is it?

It’s very doubtful that Franz J. Ingelfinger ever intended the rule named in his honour to prevent online preprints — after all, such things didn’t exist when he introduced his no-prior-publication policy at the New England Journal of Medicine in 1969, or even at the time of his death in 1980. Yet the rule lingers on in corrupt form.

zombie_scientist_by_sweetpeachtea14-d5gjcz7

Poor Franz’s name has been associated with the so-called “Ingelfinger Rule“, even as that rule has been extended, distorted and abused to the general detriment of science. His goal was to prevent scientists from going to the press with sensationalised findings before they had been though peer review. But now …

Well, I’ll let Kim E. Barrett, Dean of the Graduate Division and Distinguished Professor of Medicine at UC San Diego, tell you about it:

I just had a student who was not allowed to include one of her published papers in her dissertation, or even a paraphrase of it, because of publisher policies governing dissertations posted online. She had to resort to including only a link.

On the same mailing list, Glenn Hampson offered an optimistic take: “as with so many disputes, poor communication seems to be at the heart of it. So repairing this might be easy.” But Barrett was clear:

The first student I mentioned had multiple interactions with the publisher, and her communications were remarkably clear. They just said no.

Speaking as one whose own dissertation was five published papers bound into a single volume, I have to say that is completely outrageous. At the time of submitting my Ph.D, two chapters were in press, two were in review (subsequently to be published in different journal from the ones that were then reviewing them), and only one had been published. If I’d been labouring under this idiot interpretation of Ingelfinger, my dissertation would have been once chapter long.

 

In a recent blog-post, Kevin Smith tells it like it is: legacy publishers are tightening their grip in an attempt to control scholarly communications. “The same five or six major publishers who dominate the market for scholarly journals are engaged in a race to capture the terms of and platforms for scholarly sharing”, says Smith. “This is a serious threat to academic freedom.”

A fisted hand tightly gripping US Currency.People can legitimately have different ideas about precisely what it is that Elsevier intends to do with SSRN, now that it’s acquired it. But as we discuss the possible outcomes, we need to keep one principle in mind: it’s simply unrealistic to imagine that Elsevier, in controlling Mendeley and SSRN, will do anything other than what is best for Elsevier.

That’s not a criticism, or even a complaint. It’s a statement of what a for-profit corporation does. It’s in it’s nature. There’s no need for us to blame Elsevier for this, any more than we blame a fox when it eats a chicken. That’s what it does.

The appropriate response is simply to prevent any more of this kind of thing happening, by taking control of our own scholarly infrastructure.

The big problem with SSRN is the same as the big problem of Mendeley: being privately owned and for-profit, they owners were always going to be susceptible to a good enough offer. People starting private companies are looking to make money from them, and a corporation that comes along with a big offer is a difficult exit strategy to resist. When we entrusted preprints to SSRN, they were always vulnerable to being taken hostage, in a way that arXiv preprints are not.

Again: I am not blaming private companies’ owners for this. It’s in the nature of what a private company is. I recognise that and accept it. The thing is, I interpret it as damage and want to route around it.

So what is the solution?

bridge

It’s simple. We, the community, need to own our own infrastructure.

One one level, this is easy. We, the community, know how to do it. We have experience of good and bad infrastructure, we know the difference. We have excellent, clearly articulated principles for open scholarly infrastructure. We have top quality software engineers, interaction designers, UI experts and more.

What we don’t have is funding. And that is crippling.

We can’t build and maintain community-owned infrastructure; and (to a first approximation anyway) no-one is funding it. It’s truly disgraceful that even such a crucial piece of infrastructure of arXiv is constantly struggling for funding. arXiv serves about a million articles per week, and is the primary source of publications in many scientific subfields, yet every year it struggles to bring in the less then a million dollars it costs to run. It’s ridiculous the the Gates Foundation or someone hasn’t come along with a a few tens of millions dollar and set up a long-term endowment to make arXiv secure.

And when even something as proven as arXiv struggles for funding, what chance does anything else have?

The problem seems to be this: funders have a blind spot when it comes to funding infrastructure. That’s why we have no UK national repository; it’s why there is no longer an independent subject repository for social sciences; it’s why the two main preprint archives for bio-medicine (PeerJ Preprints and BioRxiv) are privately owned, and potentially vulnerable to the offer-you-can’t-refuse from Elsevier or one of the other legacy publishers in the oligopoly(*).

BlindSpot_DSC_5842_H2

When you think about funders — RCUK, Wellcome, NIH, Gates, all of them — they are great at funding research; and terrible at funding the infrastructure that allows it to have actual benefit. Most funders even seem to have specific policies that they won’t fund infrastructure; those that don’t, simply lack a way to apply for infrastructure funding. It’s a horribly short-sighted approach, and we’re seeing its inevitable fruit in Elsevier’s accumulation of infrastructure.

We’ll look back at funding bodies in 10 or 20 years and say their single biggest mistake was failing to see the need to fund infrastructure.

Please, funders. Fix this. Make whatever changes you need to make, to ensure the the scholarly community owns and controls its own preprint archives, subject repositories, aggregators, text-mining tools, citation graphs, metrics tools and what have you. We’ve already seen what happens when we cede control of the scholarly record to corporations: spiralling prices, poor quality product, arbitrary barriers, and the retardation of all progress. Let’s not make the same mistake again with infrastructure.

 

 


(*) Actually, I don’t believe PeerJ’s owners would sell their preprint server to Elsevier for any amount of money — and the same may be true of the BioRxiv for all I know, I’ve never spoken with the owners. But who can tell what might happen?

Another day, another puff-piece from academic publishers about how awesome they are. This time, the Publisher’s Association somehow suckered the Guardian into giving them a credible-looking platform for their party political broadcast, Think academic publishers are greedy? Do your research. I have to give the PA credit for coming up with about the most patronising title possible.

Yes, I did my research. Guess what? Academic publishers are greedy.

Greedy-diner

(The article doesn’t say it’s by the Publishers Association, by the way. It’s credited to Stephen Lotinga, who LinkedIn tells us is Chief Executive of The Publishers Assocation, but the article doesn’t declare that.)

Oh boy do I get tired of constantly rebutting the same old bs. from publishers. And it really is the same bs. They’re not even taking the trouble to invent new bs., just churning out the same nonsense each time — for example, equating their massive profits with investment in improvements.

Of course, what they actually can do with those massive profits is hire full-timers whose actual job is to churn out such propaganda. Whereas I have to rebut in my spare time — in between day-job and academic work. As though I didn’t have real work to do.

Here are responses to just some of the nonsense in the Guardian‘s piece.

The academic publishing market is worth £4.4bn to the UK economy.

No it’s not: it has revenue of £4.4bn, which is not at all the same thing. Meanwhile, it’s exerting an enormous drag on academic and commercial research, retarding medical progress, reducing access to the arts and humanities, and overall doing the equivalent of far more than £4.4bn damage to the economy.

Publishers invest heavily in scholarly communication, for example, including the technology-intensive digital platforms upon which authors, reviewers, editors and readers conduct their work.

In other words, they invest in their own assets. Whoop-de-doo. Name me any organisation that doesn’t do this. And remember, those massive 32%-42% profits are what’s left after this investment.

Publishers offer value to research institutions by providing data-driven metrics and analytics that inform their research management activities. This investment allows for rigorous peer review

What? What? This seems to be saying that publishers’ selling their own usage stats back to them somehow makes peer-review possible. But that can’t be what it’s saying, can it? Because that would not merely be wrong, it would be completely incoherent. It’s like claiming that publishers’ ability to format headings in Helvetica is what makes it possible for researchers to sequence DNA.

It also pays for the development of technology of that ensures articles are discoverable, shareable and able to be accessed in underserved regions.

One interpretation of this statement is that it’s simply a lie. I will adopt the other, more charitable interpretation: that it’s a typo for “Publishers pay for the development of technology that prevents articles from being shareable and able to be accessed”.

Oh, and that technology that makes articles discoverable? It’s called Google, and publishers had and have absolutely nothing to do with it. (Except, of course when they use the robots.txt standard to prevent search engines from indexing articles.)

Many small publishers partner with larger groups in order to take advantage of their scale and reach, thereby reducing costs for members and authors. Such diversity leads to competition.

No, no. Follow carefully. Consolidation of small publishers into larger groups leads to less competition. Which of course is exactly what the big publishers want.

The fact that [the individual researcher] wants to submit … is the result of the good work of publishers to maintain the system in which that can take place.

No it isn’t, it’s the result of the monopoly that the publishers hold on the brands that researchers think (rightly or wrongly) they need on their CV.

Nobody submits to the Journal of Vertebrate Paleontology because it’s published by Taylor and Francis; people submit to it because it’s the journal of the Society of Vertebrate Paleontology.

And so it goes on …

creationism

The Gish Gallop

Reading and responding to all this inanity had a strangely familiar feel to it. After a while, I realised what I was seeing was the technique known as the Gish Gallop, after the prominent creationist Duane Gish. The technique involves “spewing so much bs. in such a short span on that your opponent can’t address let alone counter all of it”.

It’s a very effective tactic. It’s very easy to do, and very difficult to counter. The Publishers’ Association can stand there all day and reel off idiot claims (“publishers’ metrics enable peer review”). They take a single sentence to say, but it’s terribly easy to get suckered into writing multiple paragraphs rebutting them. They waste our time and energy in exchange for very little of their own.

In short, the Gish Gallop is a great way to conduct an argument — provided that you care only about “winning” the argument and have no regard at all for what is actually true.

 

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