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[BOAI] Re: Submission to ICAR on its Open Access Policy 2013 Draft

From: Stevan Harnad <harnad AT ecs.soton.ac.uk>
Date: Mon, 20 May 2013 09:32:25 -0400


Threading: [BOAI] Re: Submission to ICAR on its Open Access Policy 2013 Draft from harnad AT ecs.soton.ac.uk
      • This Message


Crucial strategic distinctions:

Immediate-deposit should be required.

Immediate-OA to the immediate-deposit should be recommended,
not required.

CC licenses should be recommended, not required.

Reasons:

Immediate-deposit cannot be embargoed by publishers.

Immediate-OA can be embargoed by publishers.

Requiring CC licenses encourages publisher embargoes (against
immediate free-riding from rival publishers)

All fields, authors and users want and need online access

But not all fields, authors and users want and need the same CC
licenses

Immediate-deposit can be mandated globally, by institutions and funders.

Once immediate-deposit mandates prevail globally, all the rest of the
things all fields, authors and users  want and need will follow:

1. the death of embargoes, 
2. the end of subscriptions
3. publishers downsizing and converting to Gold OA 
4.  all the CC rights each field, author and user wants and needs

But not if we insist on 1-4 in advance.

Dixit.

Stevan Harnad 

On 2013-05-20, at 5:23 AM, Mike Taylor <mike AT indexdata.com> wrote:

> Thanks, Sridhar. For what it's worth, I endorse your far-sighted
> preference for the CC BY licence over the more restrictive
> alternatives. The NC clause certain can sing a siren song -- I've been
> seduced by it myself in the past -- but informed voices are all but
> unanimous that plain CC BY is best for the community as a whole, and
> strongly support the proposition that it's usually best for the
> individual author. (Heather is an eloquent, but isolated, dissenting
> voice).
> 
> The adoption of CC BY by commercial OA publishers like BMC and PeerJ
> as well as non-profits like PLOS and eLife and large international
> organisation like the World Bank and UNESCO shows how generally it's
> applicable, and demonstrates what a broad range of well-informed
> organisations have reached this conclusion. ICAR would be a worth
> addition to those ranks.
> 
> -- Mike.
> 
> 
> 
> 
> 
> On 20 May 2013 06:08, Sridhar Gutam <gutam2000 AT gmail.com> wrote:
>> Dear Heather,
>> 
>> I was following your arguments against CC-BY and others for CC-BY.
>> 
>> I am in the CC-BY as its a non exclusive license and everyone would
>> have equal chances to use the content and make tools and applications.
>> 
>> Now in the larger interest I have included CC-BY in the policy draft
>> (modified) as proposed by the leaders of the OA movement.
>> 
>> Now this draft would be submitted to the committee headed formed for
>> formulating the guidelines for open access policy in ICAR.
>> 
>> 23rd May is the last date for submission of the comments. See
>> http://www.icar.org.in/en/node/6056.
>> 
>> The Copyright policy of ICAR is as follows:
>> 
>> Material featured on this Portal may be reproduced free of charge
>> after taking proper permission by sending a mail to us. However, the
>> material has to be reproduced accurately and not to be used in a
>> derogatory manner or in a misleading context. Wherever the material is
>> being published or issued to others, the source must be prominently
>> acknowledged. However, the permission to reproduce this material shall
>> not extend to any material which is identified as being copyright of a
>> third party. Authorisation to reproduce such material must be obtained
>> from the departments/copyright holders concerned.
>> 
>> These terms and conditions shall be governed by and construed in
>> accordance with the Indian Laws. Any dispute arising under these terms
>> and conditions shall be subject to the exclusive jurisdiction of the
>> courts of India.
>> 
>> http://www.icar.org.in/node/1496
>> 
>> The copyright of the articles published in The Indian Journal of
>> Agricultural Sciences vests with the Indian Council of Agricultural
>> Research, who has the right to enter into any agreement with any
>> organization in India or abroad engaged in reprography, photocopying,
>> storage and dissemination of information contained in these journals.
>> The Council has no objection in using the material, provided the
>> information is being utilized for academic purpose but not for
>> commercial use.Due credit line should be given to the ICAR where
>> information will be utilized.
>> 
>> 
http://epubs.icar.org.in/ejournal/index.php/IJAgS/about/submissions#copyrightNotice
>> 
>> Thanks & Regards
>> Sridhar
>> __________________________________________________________
>> Sridhar Gutam PhD, ARS, Patent Laws (NALSAR), IP & Biotech. (WIPO)
>> Senior Scientist (Plant Physiology) Central Institute for Subtropical
>> Horticulture
>> Joint Secretary, Agricultural Research Service Scientists' Forum
>> Convenor, Open Access India
>> Country Representative, YPARD
>> Rehmankhera, Kakori Post
>> Lucknow 226101, Uttar Pradesh, India
>> Phone: +91-522-2841022/23/24; Fax: +91-522-2841025
>> Mobile:+91-9005760036/8005346136
>> Publications: http://works.bepress.com/sridhar_gutam/
>> 
>> 
>> On 20 May 2013 00:56, Heather Morrison <hgmorris AT sfu.ca> 
wrote:
>>> Excellent work, Sridhar.
>>> 
>>> I would strongly recommend, however, removal of reference to the 
CC-BY
>>> license. This is NOT in the best interests of Indian scholars or
>>> Indian research funders. This gives blanket commercial rights to
>>> anyone, anywhere downstream, with absolutely no obligation for
>>> reciprocity. That is, if CC-BY becomes the default, it is quite
>>> possible that a next generation of research tools will be built by 
the
>>> commercial sector on a for-pay basis with no obligation to provide
>>> affordable pricing for countries like India - who could easily end 
up
>>> one step ahead (getting the benefits of open access to the kinds 
of
>>> publications produced now), but two steps behind (locked out of 
access
>>> to the next generation tools).
>>> 
>>> This is section that I am referring to - I would suggest simply
>>> removing the whole section.
>>> 
>>> 12. All the ICAR institute’s website content, print/digital
>>> publications, meta-data and full-texts in repositories are to be
>>> licensed for public use under the Creative Commons Attribution 3.0 
(CC-
>>> BY 3.0) Unported License
>>> 
>>> I acknowledge that many of my colleagues in the open access 
movement
>>> are strong proponents of CC-BY licensing, and that there are 
positive
>>> as well as negative implications of using this license. This is a
>>> topic that I have explored and continue to explore in some depth -
>>> links to some of my writings including my submission to the UK BIS
>>> committee can be found from here:
>>> 
http://poeticeconomics.blogspot.ca/2012/10/critique-of-cc-by-series.html
>>> 
>>> best,
>>> 
>>> Dr. Heather Morrison
>>> Freedom for scholarship in the internet age
>>> http://summit.sfu.ca/item/12537
>>> 
>>> 
>>> On 19-May-13, at 1:14 AM, Sridhar Gutam wrote:
>>> 
>>>> Dear Colleagues and Friends,
>>>> 
>>>> Please see the attachment for the document made modifying the 
ICAR
>>>> Open Access Policy Draft and the Original Policy Draft.
>>>> 
>>>> If any comments/suggestions, please share by today. Tomorrow I 
would
>>>> like to submit to the ICAR.
>>>> 
>>>> Thanks & Regards
>>>> Sridhar
>>>> __________________________________________________________
>>>> Sridhar Gutam PhD, ARS, Patent Laws (NALSAR), IP & 
Biotech. (WIPO)
>>>> Senior Scientist (Plant Physiology) Central Institute for 
Subtropical
>>>> Horticulture
>>>> Joint Secretary, Agricultural Research Service Scientists' 
Forum
>>>> Convenor, Open Access India
>>>> Country Representative, YPARD
>>>> Rehmankhera, Kakori Post
>>>> Lucknow 226101, Uttar Pradesh, India
>>>> Phone: +91-522-2841022/23/24; Fax: +91-522-2841025
>>>> Mobile:+91-9005760036/8005346136
>>>> Publications: http://works.bepress.com/sridhar_gutam/
>>>> <Submission to ICAR on its Open Access Policy 2013 Draft 
Open Access
>>>> India.pdf><Submission to ICAR on its Open Access Policy 
2013 Draft
>>>> Open  Access India.doc><Draft ICAR Open Access Policy 
for
>>>> 
Comments.pdf>_______________________________________________


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