Plan B for NIH Public Access Mandate: A Deposit Mandate

From: Stevan Harnad <amsciforum_at_GMAIL.COM>
Date: Fri, 19 Sep 2008 10:30:09 -0400

On Thu, 18 Sep 2008, atanu garai wrote:

      It is indeed difficult to design and recommend systems
      that
      depend on individual decisions (such as actions and
      reactions by
      authors and users) such as this. This needs to be
      corroborated by
      empirical studies that authors are willing and give the
      users
      content as per their demand. As a matter of general
      practice this
      should be avoided because this kind of service provision
      can not
      be guaranteed by institutions managing large scale
      content,
      authors and users. It appears that the request button is
      designed
      to bypass the existing copyright laws but it does not
      take into
      account service delivery for the authors and users.


Dear Atanu,

You misunderstand the purpose(s) of the Button. There are only two:

      (1) To provide Almost-OA to Closed Access deposits during
      any access
      embargo.

      (2) To allow deposit to be mandated in a way that is
      immune to publisher
      lobbying of copyright worries.


That's all. If anyone can get a stronger mandate adopted, just as
fast, go
ahead! This is a default option, to tide over and hasten the
transition
to universal OA.

And if anyone has better ways to provide access to all articles,
irrespective of embargoes, go ahead! Closed Access Deposit + the
Button 
is a default option, to tide over and hasten the transition to
universal OA.


      The legal aspect depends on how one interprets it. This
      can be
      interpreted as a systematic attempt to disseminate
      content,
      otherwise deemed untenable legally to a large number
      audience,
      worldwide.


Putting an address or an email address in your published article can
be
interpreted as a systematic attempt to disseminate (reprint or
eprint)
content. The dissemination is not done by the Button but by the
author,
on an individual basis.

Stevan Harnad

      Dear Stevan:

      2008/9/17 Stevan Harnad <amsciforum_at_gmail.com>

            Don't worry! That rare, lucky author will
            manage (and with a
            smile on his face)...

            And once Deposit Mandates are universal, this
            is the sort of
            thing that will help ensure the natural
            transition to universal
            OA.


      It is indeed difficult to design and recommend systems
      that
      depend on individual decisions (such as actions and
      reactions by
      authors and users) such as this. This needs to be
      corroborated by
      empirical studies that authors are willing and give the
      users
      content as per their demand. As a matter of general
      practice this
      should be avoided because this kind of service provision
      can not
      be guaranteed by institutions managing large scale
      content,
      authors and users. It appears that the request button is
      designed
      to bypass the existing copyright laws but it does not
      take into
      account service delivery for the authors and users.

      Atanu Garai
Received on Fri Sep 19 2008 - 15:34:16 BST

This archive was generated by hypermail 2.3.0 : Fri Dec 10 2010 - 19:49:28 GMT