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@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@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@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>_______________________________________________