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<title>Techdirt. Stories filed under &quot;journals&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;journals&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Tue, 12 Feb 2013 13:51:00 PST</pubDate>
<title>How PeerJ Is Changing Everything In Academic Publishing</title>
<dc:creator>Mike Taylor</dc:creator>
<link>http://www.techdirt.com/articles/20130210/14302221939/how-peerj-is-changing-everything-academic-publishing.shtml</link>
<guid>http://www.techdirt.com/articles/20130210/14302221939/how-peerj-is-changing-everything-academic-publishing.shtml</guid>
<description><![CDATA[ <p>Has there ever been a business more ripe for disruption than academic publishing? For anyone who's not been following along, the business model of academic publishers, built on solving 18th century distribution problems, incarnates <a href="http://www.techdirt.com/articles/20100404/2112388868.shtml" target="_blank">the Shirky Principle</a>: that "Institutions will try to preserve the problem to which they are the solution." Far from making research public, as the name "publisher" suggests, their business now works by accepting  researchers' donations of manuscripts, refining them by other researchers' donations of editorial services and peer review, assuming copyright, and locking up the results -- work that they neither wrote, edited, reviewed or paid for -- behind paywalls. By artificially causing a scarcity problem, they're able to sell solutions to that problem: subscriptions.</p>

<p>But publishers are monopoly suppliers of the journals they publish, and, like so many monopolists, have been unable to resist gouging their customers. Between 1996 and 2010, journal subscription prices <a href="http://blogs.law.harvard.edu/pamphlet/2013/01/29/why-open-access-is-better-for-scholarly-societies/" target="_blank">rose at four times the rate of inflation</a>. The result is that each published paper now costs the academic world <a href="http://svpow.com/2012/07/18/what-does-it-cost-to-publish-a-paywalled-paper-with-anyone/" target="_blank">more than $5000</a>. Prices are so extreme that even Harvard, the wealthiest university in the world, recently declared that <a href="http://svpow.com/2012/04/23/harvards-library-cant-afford-journal-subscriptions/" target="_blank">it can't afford to keep paying all its subscriptions</a>.  Not only can the public which funded the work not access it: often, neither can the researchers who need it as a basis for new work. It's insane. Academic publishers have made themselves <a href="http://www.guardian.co.uk/science/2012/jan/16/academic-publishers-enemies-science" target="_blank">the enemies of science</a>. </p>

<p>The solution to the ludicrous satus quo is open-access publishing. Researchers (or more realistically their funders or institutions) pay publishers an up-front fee for their services, and the resulting papers are then freely available to anyone in the world. Everyone outside of profiteering publishers agrees that this is a much better approach, but lots of researchers balk at the prices of article processing charges (APCs). For example, Elsevier, the biggest of the established academic publishers, <a href="http://www.elsevier.com/about/open-access/sponsored-articles#publication-costs" target="_blank">asks authors for $3000</a>. Newer open-access-only publishers, such as the non-profit Public Library of Science (PLOS) charge a less shocking <a href="http://www.plos.org/publish/pricing-policy/publication-fees/" target="_blank">$1350</a> for publication in their main journal, PLOS ONE, and offer a <a href="http://blogs.plos.org/everyone/authors/" target="_blank">no-questions-asked waiver</a> for authors without funding for this charge. But there is still a feeling that $1350 is a lot of money to charge for Internet publication, especially when peer-review is done by volunteers.</p>
<p>Against that backdrop, Pete Binfield, the managing editor of PLOS ONE, left what had become <a href="http://blogs.plos.org/everyone/2011/12/20/plos-one-five-years-many-milestones/" target="_blank">the world's largest journal</a> to launch a new publishing startup with Jason Hoyt, late of social reference manager Mendeley. High on the list of their goals was to bring down the price of open-access publishing. </p>

<p> I think a lot of people would have been impressed had PeerJ managed to bring the APC down below the $1000 mark, or certainly had they managed to hit $500. Instead, they've gone for the jugular on pricing: as <a href="https://peerj.com/" target="_blank">the web-site</a> says, "If we can set a goal to sequence the human genome for $99, when why not $99 for scholarly publishing"?</p>
<p><a href="https://peerj.com/pricing/" target="_blank">PeerJ's pricing system</a> is different from the approach other publishers have taken, focusing on membership. Your $99 buys you lifetime membership, which gives you the right to publish one paper a year with them at no further charge. (All co-authors on multi-authored papers need to be members.) Alternatively, $299 buys an all-you-can-eat membership: publish as many papers as you want, whenever you want, <a href="http://svpow.com/2012/08/30/peerj-sorted/" target="_blank">for life</a>.</p>

<p>The audacity of this pricing model is rather a shock. I have to admit that I was skeptical that it could work -- that PeerJ could take  enough money to survive on this model. What swayed me was learning that the seed capital had been <a href="http://pandodaily.com/2012/06/12/peerj-raises-950k-from-tim-oreillys-ventures-to-make-biomedical-research-accessible-to-all/" target="_blank">put up by Tim O'Reilly</a>, who probably knows and understands more about the commercial realities of publishing in the 21st century than anyone alive. Throw in Pete Binfield, whose experience in editing mega-journals is literally second to none, and you have a true dream-team.</p>
<p>But what impresses me most is that PeerJ's low APC is not what most excites its founders -- in fact, it doesn't even make the top four. In <a href="http://www.publishersweekly.com/pw/by-topic/digital/content-and-e-books/article/55846-new-journal-publisher-peerj-ready-to-launch.html" target="_blank">an interview published a few days ago</a>, Binfield and Hoyt answered the question "what do you think makes PeerJ an attractive publishing target for scholars?" in an unexpected way:</p>

<blockquote><i> First of all, we intend to make rapid first decisions, and publish articles as promptly and effectively as possible... Secondly, we will be integrating a pre-print server into our offering ... Thirdly, we believe that the act of submitting a paper should be as pain-free as possible ... Fourthly, we are encouraging reviewers to provide their names when reviewing, and we are encouraging authors to publicly reproduce their peer review history on the published paper ... Fifthly we are significantly cheaper than a 'typical' OA journal.
 </i></blockquote>

<p>It's not enough for PeerJ to drop prices by an order of magnitude. They're also out to speed up the famously slow publication process, make in-review manuscripts visible, smooth authors' path through the whole process and, most crucially, open up the opaque and mysterious process of peer-review. The importance of this last goal can hardly be overstated. At most journals, the acceptance or rejection of articles is done behind closed doors by referees whose reviews are never seen except by a select few, whose identities are often hidden, and who are insulated from the consequences -- positive or negative -- of their contribution. That has to change, and it's great that PeerJ is taking it on.</p>

<p>PeerJ <a href="http://scienceblogs.com/confessions/2012/06/12/peerj-formally-announced-innovative-new-business-model-for-open-access/" target="_blank">launched in June 2012</a> and <a href="http://blog.peerj.com/post/37103342928/peerj-now-open-for-submissions-peerj-preprints-set-for" target="_blank">opened for submissions in December</a>. Today, <a href="https://peerj.com/articles" target="_blank">the first batch of articles</a> is published. I submitted a paper, co-written with Matt Wedel, on the day PeerJ opened, and I am pleased to say that <a href="https://peerj.com/articles/36" target="_blank">it made it</a> into the initial batch.  We're delighted that our work is now available to the world; but also privileged to have had a preview of the PeerJ process.</p>

<p>Because if we thought that the low price meant corner-cutting, we were dead wrong. <a href="http://buildingblogsofscience.wordpress.com/2012/12/03/peerj-pulls-off-a-hat-trick/" target="_blank">As others have noted</a>, the submission process is a joy in comparison to hacking through the late-1990s-themed submission systems of most journals. Our paper was handled by an academic editor of the highest reputation, efficiently and fairly. It was reviewed swiftly by two referees, one of whom gave particularly detailed and helpful feedback. When we got the proof PDF we were taken aback by how good it looks compared with the printed-page facsimiles most journals produce. And when we sent the proof back with numerous changes, they got a second proof out to us within days. In fact, the whole process from submission through to publication has taken only ten weeks -- unheard of in academic publishing.</p>

<p>So where next for PeerJ, now that its up and running? It's perfectly obvious that it's a much better choice than traditional journals in every rational respect. But so much depends on that slipperiest of beasts, prestige. While young researchers are certain to flock to PeerJ,  some more senior academics are likely to look down their nose at the new kid on the block, not quite trusting it and preferring to stick to the venues they've become used to.</p>

<p>If we're going to sort out the absurd mess that academic publishing has got itself into, much depends on the reputation of innovative open-access journals like PeerJ. PLOS ONE has won itself some standing, but it took several years to reach this point after a launch that was met with <a href="http://www.nature.com/news/2008/080702/full/454011a.html" target="_blank">a lot of skepticism</a>.  Hopefully PLOS ONE's success will have opened up a trail for PeerJ to follow, and its intrinsic quality will be recognized more quickly. Certainly PeerJ has the necessary names behind it: not just Binfield and O'Reilly, but <a href="https://peerj.com/academic-boards/advisors/" target="_blank">an academic advisory board</a> with five Nobel laureates and <a href="https://peerj.com/academic-boards/editors/" target="_blank">a huge editorial board</a> packed with respected researchers.</p>

<p><a href="http://isites.harvard.edu/icb/icb.do?keyword=k77982&tabgroupid=icb.tabgroup143448" target="_blank">Harvard's memo</a> about being unable to pay subscriptions included a list of nine things its staff, students and librarians could do to change the  current publishing system. The second is key: "submit articles to open-access journals ... move prestige to open access". PeerJ, along with PLOS ONE and other new open-access initiatives such as <a href="http://elife.elifesciences.org/" target="_blank">eLIFE</a> and <a href="https://www.openlibhums.org/" target="_blank">The Open Library of Humanities</a> offer top-quality options for publishing research. Now it's up to researchers to use them.</p><br /><br /><a href="http://www.techdirt.com/articles/20130210/14302221939/how-peerj-is-changing-everything-academic-publishing.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130210/14302221939/how-peerj-is-changing-everything-academic-publishing.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130210/14302221939/how-peerj-is-changing-everything-academic-publishing.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>moving-prestige-to-open-access</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130210/14302221939</wfw:commentRss>
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<item>
<pubDate>Tue, 22 Jan 2013 23:57:50 PST</pubDate>
<title>Re-inventing Academic Publishing: 'Diamond' Open Access Titles That Are Free To Read And Free To Publish</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130121/09203321740/re-inventing-academic-publishing-diamond-open-access-titles-that-are-free-to-read-free-to-publish.shtml</link>
<guid>http://www.techdirt.com/articles/20130121/09203321740/re-inventing-academic-publishing-diamond-open-access-titles-that-are-free-to-read-free-to-publish.shtml</guid>
<description><![CDATA[ <p>As Techdirt has been reporting, the idea of providing open access to publicly-funded research is steadily gaining ground.  One of the key moments occurred almost exactly a year ago, when the British mathematician Tim Gowers announced that he would no longer have anything to do with the major academic publisher Elsevier.  This then turned into a full-scale <a href="https://www.techdirt.com/articles/20120130/13030217589/will-academics-boycott-elsevier-be-tipping-point-open-access-another-embarrassing-flop.shtml">boycott</a>: today, over <a href="http://thecostofknowledge.com/">13,000 academics have pledged not to work with the company</a>.
</p><p>
Despite the growing acceptance of open access, there remains a key challenge.  Unlike traditional academic journals, which require readers to pay, open access titles provide free access to all.  But even though produced in a digital form, open access journals still have editing and production costs associated with them, and these are typically met by the funding institutions of the researchers when their papers are accepted for publication.  
</p><p>
This is the so-called "gold" form of open access; another is "green", which consists of posting papers to an institutional repository or open online archive.  In an interesting development, a new form, dubbed <a href="https://gowers.wordpress.com/2013/01/16/why-ive-also-joined-the-good-guys/">"diamond" open access, has just been announced by Tim Gowers</a>:

<i><blockquote>a platform is to be created that will make it very easy to set up arXiv overlay journals.
<br /><br />
What is an arXiv overlay journal? It is just like an electronic journal, except that instead of a website with lots of carefully formatted articles, all you get is a list of links to preprints on the arXiv. The idea is that the parts of the publication process that academics do voluntarily  -- editing and refereeing -- are just as they are for traditional journals, and we do without the parts that cost money, such as copy-editing and typesetting.</blockquote></i>

<a href="http://arxiv.org/">arXiv.org</a> was one of the earliest attempts to open up academic publishing in the early 1990s using the (then) new Net -- basically, it's an online server, where preprint papers are posted for anyone to read.  Preprints are the draft form of papers before they appear in journals, although often they are highly finished, and require few changes for publication.  The innovation of "diamond" open access is that these preprints, held on the arXiv servers, will be the main form of publishing.  Indeed, the new journals, whose titles have not yet been announced, will consist largely of links to those preprints.
</p><p>
The huge advantage of this approach is that it costs almost nothing to produce one of these "overlay" journals, since it re-uses the work already done in first preparing the preprint, and then in posting it to arXiv.  This means that as well as making the journals freely available to readers, it won't be necessary to charge the academics to appear there -- zero-cost open access.
</p><p>
As Gowers notes, building on arXiv in this way not only saves money, but opens up new ways of extending published articles:

<i><blockquote>One possibility being discussed, which I am very much in favour of, is each accepted article having not just a link to the arXiv but also a web page for (non-anonymous) comments and reviews. For example, the editor who accepts an article might wish to write a paragraph or two about why the article is interesting, a reader who spots a minor error might write explaining the error and how it can be fixed (if it can), and an expert in the area might write a review that could be very useful to hiring committees.
<br /><br />
This may even go further, with comment pages being set up for other preprints and journal articles -- not just the ones that have appeared in epijournals [the provisional name for these new kinds of publication.]</blockquote></i>

What's interesting here is the thoroughgoing way these "epijournals" exploit the power of the Web's key feature of linking -- through pointing to articles held on arXiv, and the use of ancillary pages for comments, corrections and reviews.  In a sense, this moves on the open access revolution, which so far has contented itself with using the Net to free up conventionally-published articles.  Diamond access to epijournals goes further, and seeks to re-imagine academic publishing more completely for the digital age -- without the publishers.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20130121/09203321740/re-inventing-academic-publishing-diamond-open-access-titles-that-are-free-to-read-free-to-publish.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130121/09203321740/re-inventing-academic-publishing-diamond-open-access-titles-that-are-free-to-read-free-to-publish.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130121/09203321740/re-inventing-academic-publishing-diamond-open-access-titles-that-are-free-to-read-free-to-publish.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>web-native</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130121/09203321740</wfw:commentRss>
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<item>
<pubDate>Mon, 27 Feb 2012 13:32:52 PST</pubDate>
<title>Elsevier Backs Down, Removes Support For Research Works Act As Elsevier Boycott Grows</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120227/04092817887/elsevier-backs-down-removes-support-research-works-act-as-elsevier-boycott-grows.shtml</link>
<guid>http://www.techdirt.com/articles/20120227/04092817887/elsevier-backs-down-removes-support-research-works-act-as-elsevier-boycott-grows.shtml</guid>
<description><![CDATA[ While it never got as much attention as the <a href="http://www.techdirt.com/articles/20111227/11480517205/godaddy-officially-has-name-removed-judiciarys-list-sopa-supporters.shtml">GoDaddy boycott</a>, it appears the growing <a href="http://www.techdirt.com/articles/20120130/13030217589/will-academics-boycott-elsevier-be-tipping-point-open-access-another-embarrassing-flop.shtml">boycott</a> of academics, refusing to publish papers in any Reed Elsevier journal, has caused the company to back down.  It has now announced  <a href="http://www.elsevier.com/wps/find/intro.cws_home/newmessagerwa" target="_blank">that it no longer supports the Research Works Act</a>.  That's the bill -- for which Elsevier was a major backer -- that would bar the government from requiring open and free access (after a period of time) to government-funded research:
<blockquote><i>
While we continue to oppose government mandates in this area, Elsevier is withdrawing support for the Research Work Act itself. We hope this will address some of the concerns expressed and help create a less heated and more productive climate for our ongoing discussions with research funders.    
</i></blockquote>
Of course, then it immediately complains about the kinds of mandates that the Act would have disallowed:
<blockquote><i>
Cooperation and collaboration are critical because different kinds of journals in different fields have different economics and models. Inflexible mandates that do not take those differences into account and do not involve the publisher in decision making can undermine the peer-reviewed journals that serve an essential purpose in the research community. Therefore, while withdrawing support for the Research Works Act, we will continue to join with those many other nonprofit and commercial publishers and scholarly societies that oppose repeated efforts to extend mandates through legislation.      
</i></blockquote>
That's pretty ridiculous actually.  None of these mandates "undermine" these journals in any way -- unless you consider their insane set up (free writing, free editing, full copyright ownership, and subscriptions that cost tens of thousands of dollars) some sort of divine right.  The mandates refer to <i>federally funded</i> research, which <i>should</i> be accessible by the public since they paid for the research in the first place.  Elsevier doesn't pay for the research.  Hell, they don't even pay the researcher for their paper.  Or the peer reviewers for their work.  So forgive me for not shedding any tears if Elsevier has to learn to adapt to only being able to have the exclusive rights to a paper for a year.
<br /><br />
Still, with Elsevier dropping its support, hopefully it means that the <a href="http://www.techdirt.com/articles/20120107/02415417327/unfortunate-open-advocate-darrell-issa-sponsoring-bill-that-will-close-off-open-access-to-govt-funded-research.shtml">original backers</a> of the poorly thought out bill, Reps. Darrel Issa and Carolyn Maloney will drop the bill entirely.  Instead, I'd very much like to see much greater support for Rep. Mike Doyle's <a href="http://www.techdirt.com/articles/20120209/13042317716/rep-doyle-introduces-bill-to-provide-public-access-to-publicly-funded-research.shtml">counter-proposal</a>, which would mandate that federally funded research be made available to the public.
<br /><br />
<b>Update</b>: And.... now Issa has said that <a href="https://plus.google.com/u/0/107980702132412632948/posts/a4DzVk9n7fG#107980702132412632948/posts/a4DzVk9n7fG" target="_blank">he won't move forward on the bill</a> and (more importantly) that he now understands the importance of "open access" and how it's "the wave of the future."<br /><br /><a href="http://www.techdirt.com/articles/20120227/04092817887/elsevier-backs-down-removes-support-research-works-act-as-elsevier-boycott-grows.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120227/04092817887/elsevier-backs-down-removes-support-research-works-act-as-elsevier-boycott-grows.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120227/04092817887/elsevier-backs-down-removes-support-research-works-act-as-elsevier-boycott-grows.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>boycott's-work</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120227/04092817887</wfw:commentRss>
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<item>
<pubDate>Thu, 9 Feb 2012 17:00:00 PST</pubDate>
<title>DailyDirt: It's Time To Open Up Access To Academic Journals</title>
<dc:creator>Joyce Hung</dc:creator>
<link>http://www.techdirt.com/articles/20120206/23384817674/dailydirt-its-time-to-open-up-access-to-academic-journals.shtml</link>
<guid>http://www.techdirt.com/articles/20120206/23384817674/dailydirt-its-time-to-open-up-access-to-academic-journals.shtml</guid>
<description><![CDATA[ It's kind of ridiculous when researchers actually have to <i>pay</i> to read journal articles about their own research online, but that's how academic publishing works. Even worse, the costs of access are obscenely high, limiting the readership to mostly people with access to libraries that can afford to pay the high subscription fees for journals. However, academics are starting to push back, and the good news is that there are at least a few efforts underway to create open-access online journals. Here are a few interesting links on the subject.
<ul>

<li> <a title="http://m.theatlantic.com/business/archive/2012/01/locked-in-the-ivory-tower-why-jstor-imprisons-academic-research/251649/" href="http://bit.ly/wKS7v7">Did you know that in order to get access to the Arts and Sciences journal collection at an academic search engine company, like JSTOR, university libraries pay a one-time fee of $45,000, and then an annual fee of $8,500 to maintain that access?</a> With tools like Google Scholar available, academic search engines just seem unnecessary. [<a href="http://m.theatlantic.com/business/archive/2012/01/locked-in-the-ivory-tower-why-jstor-imprisons-academic-research/251649/">url</a>]</li>

<li> <a title="http://bytesizebio.net/index.php/2011/06/27/suggest-a-name-for-the-next-big-journal/" href="http://bit.ly/z6rll4">A new open-access, online-only journal for biomedical and life science research will be launched this summer.</a> Plus, the journal promises a faster turnaround time for the peer review process, which typically takes several months. [<a href="http://bytesizebio.net/index.php/2011/06/27/suggest-a-name-for-the-next-big-journal/">url</a>]</li>

<li> <a title="http://thecostofknowledge.com/" href="http://bit.ly/wZkpiH">A website called "The Cost of Knowledge" has been set up so that researchers can take a stand against scientific and medical publishing company Elsevier's business practices.</a> Elsevier also supports SOPA/PIPA and the Research Works Act, which aims to limit the free exchange of information. [<a href="http://thecostofknowledge.com/">url</a>]</li>

<li><b>To discover more interesting education-related content, <a title="http://www.stumbleupon.com/to/stumble/topic:223" href="http://bit.ly/gPWAV6">check out what's currently floating around the StumbleUpon universe.</a></b> [<a href="http://www.stumbleupon.com/to/stumble/topic:223">url</a>]  <a title="what's this?" href="#" class="whatsthis help_ddstumble">&nbsp;</a>
</li>
</ul> 

By the way, StumbleUpon can recommend some good <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt</a> articles, too.<br /><br /><a href="http://www.techdirt.com/articles/20120206/23384817674/dailydirt-its-time-to-open-up-access-to-academic-journals.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120206/23384817674/dailydirt-its-time-to-open-up-access-to-academic-journals.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120206/23384817674/dailydirt-its-time-to-open-up-access-to-academic-journals.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120206/23384817674</wfw:commentRss>
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<pubDate>Tue, 7 Feb 2012 15:58:28 PST</pubDate>
<title>USPTO Says Copies Of Academic Articles Submitted As Prior Art Are Covered By Fair Use</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120207/07424717685/uspto-says-copies-academic-articles-submitted-as-prior-art-are-covered-fair-use.shtml</link>
<guid>http://www.techdirt.com/articles/20120207/07424717685/uspto-says-copies-academic-articles-submitted-as-prior-art-are-covered-fair-use.shtml</guid>
<description><![CDATA[ With all the <a href="http://www.techdirt.com/articles/20120130/13030217589/will-academics-boycott-elsevier-be-tipping-point-open-access-another-embarrassing-flop.shtml">heat</a> that publishers are starting to feel from the academic community, you might have thought that they'd avoid upsetting anyone else.  But it seems that some publishers have decided to go after lawyers who make patent applications that include copies of academic articles as prior art.  As the <a href="http://www.patentlyo.com/patent/2012/01/copyright-license-for-ids-submissions.html">PatentlyO blog explains</a>:

<i><blockquote>A number of scientific journals have begun to threaten law firms and their clients for submitting copies of journal articles to the USPTO. The typical cease & desist letter that I've seen says something like the following: 

<blockquote>"We've been trolling through USPTO records and found that you submitted a copy of one of our articles articles to the USPTO and we suspect that you maintained other copies in your files and distributed additional copies within your organization. These actions constitute copyright infringement and are not fair use. We will sue you unless you come into compliance with our CCC licensing scheme."</blockquote></blockquote></i>

In a way, that's strange: you would think that academic publishers would want to encourage this kind of use, since it establishes their titles as a kind of "gold standard" for prior art.  Obviously the prospect of making some easy money proved irresistible.
<br /><br />
Surprisingly, perhaps, the USPTO has waded in to this squabble and offered its opinion in a statement (<a href="http://www.uspto.gov/about/offices/ogc/USPTOPositiononFairUse_of_CopiesofNPLMadeinPatentExamination.pdf">pdf</a>):

<i><blockquote>Patent applicants or their attorneys sometimes make copies of copyrighted NPL [non-patent literature] and submit those copies to the USPTO, pursuant to the USPTO's disclosure requirements.  <b>The USPTO considers this copying to be protected by the doctrine of fair use.</b></blockquote></i>

In the rest of its eight-page document, the USPTO goes on to explain the legal reasoning that led it to come to that conclusion.
<br /><br />
It's rather remarkable to see the main US body responsible for promoting one kind of intellectual monopoly -- patents -- asserting that another -- copyright -- doesn't apply.  And it will be interesting to see whether publishers want to raise the stakes by taking on the USPTO as well as lawyers, inventors and angry academics.  
<br /><br />
However, since the USPTO says that it takes "no position on whether additional copies of NPL made during the course of patent prosecution (e.g. for the client, for other attorneys, for the inventors, or for the law firm's future reference) qualify as fair use", publishers would probably do better to concentrate on pursuing licensing fees for that instead.
<br /><br />
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a><br /><br /><a href="http://www.techdirt.com/articles/20120207/07424717685/uspto-says-copies-academic-articles-submitted-as-prior-art-are-covered-fair-use.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120207/07424717685/uspto-says-copies-academic-articles-submitted-as-prior-art-are-covered-fair-use.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120207/07424717685/uspto-says-copies-academic-articles-submitted-as-prior-art-are-covered-fair-use.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wanna-fight?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120207/07424717685</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 31 Jan 2012 06:07:30 PST</pubDate>
<title>Will Academics' Boycott Of Elsevier Be The Tipping Point For Open Access -- Or Another Embarrassing Flop?</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120130/13030217589/will-academics-boycott-elsevier-be-tipping-point-open-access-another-embarrassing-flop.shtml</link>
<guid>http://www.techdirt.com/articles/20120130/13030217589/will-academics-boycott-elsevier-be-tipping-point-open-access-another-embarrassing-flop.shtml</guid>
<description><![CDATA[ <p>It's now widely recognized that the extreme demands of SOPA/PIPA catalyzed a new activism within the Net world, epitomized by the blackout effected by sites like Wikipedia on January 18.  But as Techdirt has reported, SOPA and PIPA are not the only attacks by the copyright industries on the digital commons: another is the <a href="http://www.techdirt.com/articles/20120107/02415417327/unfortunate-open-advocate-darrell-issa-sponsoring-bill-that-will-close-off-open-access-to-govt-funded-research.shtml">Research Works Act</a> (RWA), which attempts to remove the public's right to read the articles written by tax-funded researchers in open access <del>journals</del> form.
</p><p>
But, like SOPA/PIPA, RWA may have been an intellectual land-grab too far.  It has provoked a rebellion by academics that might provide the final push needed to move academic publishing from its current mode, dominated by hugely-profitable corporations that require payment for most of their output, to one based around open access journals, with smaller profits, but whose articles are freely available online to all.
</p><p>
Things started when Peter Suber, who is widely regarded as one of the unofficial leaders of the open access movement, <a href="https://plus.google.com/u/0/109377556796183035206/posts/cspR3h4ZAv4">pledged on January 7 not to work with any publisher that accepted the Association of American Publishers' position supporting RWA</a>.  But it was a blog post two weeks later by the British mathematician and Fields Medallist (think <a href="http://en.wikipedia.org/wiki/Fields_Medal">Nobel Prize of mathematics</a>) Tim Gowers that provided <a href="http://gowers.wordpress.com/2012/01/21/elsevier-my-part-in-its-downfall/">the spark for the explosion of anger that followed</a>:

<i><blockquote>I am not only going to refuse to have anything to do with Elsevier journals from now on, but I am saying so publicly. I am by no means the first person to do this, but the more of us there are, the more socially acceptable it becomes, and that is my main reason for writing this post.</blockquote></i>

He singled out the giant publisher Elsevier (disclosure: I used to work for one of its sister companies) for three main reasons.  First, for its scholarly journals' high prices; secondly, for its use of "bundling" -- forcing libraries to sign up for large collections of journals, whether they wanted them all or not; and finally, because of its support for SOPA, PIPA -- and RWA.
</p><p>
Gower's gesture was born of personal exasperation, but one that he knew many others shared.  The question was how to mobilize people so that their collective action would have an effect.  He wrote:

<i><blockquote>It occurs to me that it might help if there were a website somewhere, where mathematicians who have decided not to contribute in any way to Elsevier journals could sign their names electronically. I think that some people would be encouraged to take a stand if they could see that many others were already doing so, and that it would be a good way of making that stand public.</blockquote></i>

Within a couple of days, Tyler Neylon had set up just such a site, "<a href="http://thecostofknowledge.com/">The Cost of Knowledge: Researchers taking a stand against Elsevier</a>", which repeats the three main objections that Gowers raised, and invites people to refrain from working with Elsevier.  At the time of writing, nearly 2,000 academics from a wide range of disciplines have pledged their support for the boycott.
</p><p>
This is certainly the most visible revolt in recent years against the exorbitant profits of companies like Elsevier, and their tight control of the academic publishing process, but it's not the first or the biggest.  Back in 2000, right at the dawn of open access, the Public Library of Science (PLoS) was created with the same aim of making research more widely available.  To achieve this, the three founders of PLoS circulated <a href="http://www.plos.org/about/what-is-plos/early-history/">an open letter </a> calling for "the establishment of an online public library that would provide the full contents of the published record of research and scholarly discourse in medicine and the life sciences in a freely accessible, fully searchable, interlinked form", which contained the following passage:

<i><blockquote>To encourage the publishers of our journals to support this endeavor, we pledge that, beginning in September 2001, we will publish in, edit or review for, and personally subscribe to only those scholarly and scientific journals that have agreed to grant unrestricted free distribution rights to any and all original research reports that they have published</blockquote></i>

Nearly 34,000 scientists signed that letter, but only a handful of publishers committed themselves to making their articles available as the letter requested; worse, few signatories followed through with their promised boycotts of the publishers who refused.  Will things be any different this time, in the post-SOPA world?
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120130/13030217589/will-academics-boycott-elsevier-be-tipping-point-open-access-another-embarrassing-flop.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120130/13030217589/will-academics-boycott-elsevier-be-tipping-point-open-access-another-embarrassing-flop.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120130/13030217589/will-academics-boycott-elsevier-be-tipping-point-open-access-another-embarrassing-flop.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>is-it-different-this-time?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120130/13030217589</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 5 Oct 2011 06:41:46 PDT</pubDate>
<title>Princeton Tells Its Academics Not to Hand Over Copyright When Publishing In Scholarly Journals</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20111002/07051616173/princeton-tells-its-academics-not-to-hand-over-copyright-when-publishing-scholarly-journals.shtml</link>
<guid>http://www.techdirt.com/articles/20111002/07051616173/princeton-tells-its-academics-not-to-hand-over-copyright-when-publishing-scholarly-journals.shtml</guid>
<description><![CDATA[ Open access (OA) starts from the premise that the results of academic research conducted with public funds should be freely available to the public.  In practice that means that scholarly articles arising from such research are made accessible online in some way &#8211; nobody expects physical journals to be given away for free.
<br /><br />
<a href="http://en.wikipedia.org/wiki/Open_access">Open access comes in two main forms</a>: 
<blockquote><i>"Green OA" is provided by authors publishing in any journal and then self-archiving their postprints in their institutional repository or on some other OA website. Green OA journal publishers endorse immediate OA self-archiving by their authors.
<br /><br />
"Gold OA" is provided by authors publishing in an open access journal that provides immediate OA to all of its articles on the publisher's website.
</i></blockquote>
Since it is hard for the publishers of academic papers to argue with the idea that the public has a right to access research it has paid for, the key issue has been the control of the copyright.  Even when preprints or postprints can be posted online by authors, publishing houses often demand that copyright of the final article be assigned exclusively to them.
<br /><br />
Against that background, <a href="http://theconversation.edu.au/princeton-goes-open-access-to-stop-staff-handing-all-copyright-to-journals-unless-waiver-granted-3596">this is significant move</a>:
<blockquote><i>Prestigious US academic institution Princeton University will prevent researchers from giving the copyright of scholarly articles to journal publishers, except in certain cases where a waiver may be granted.
<br /><br />
The new rule is part of an Open Access policy aimed at broadening the reach of their scholarly work and encouraging publishers to adjust standard contracts that commonly require exclusive copyright as a condition of publication.
<br /><br />
Universities pay millions of dollars a year for academic journal subscriptions. People without subscriptions, which can cost up to $25,000 a year for some journals or hundreds of dollars for a single issue, are often prevented from reading taxpayer funded research. Individual articles are also commonly locked behind pay walls.
</i></blockquote>
This essentially gives back to researchers control over the articles they have written &#8211; something they have lost in the past few decades.  It by no means prevents publishers from accepting such articles for their paid-for journals, but it does make it easier for the final version of the papers to be made freely available without restrictions, something that Princeton specifically wants to see become more common:
<blockquote><i>Academics will also be encouraged to place their work in open access data stores such as Arxiv or campus-run data repositories.</i></blockquote>
<a href="http://www.dailyprincetonian.com/2011/09/29/28869/">Princeton is just the latest in a line of top US universities mandating open access</a>:
<blockquote><i>Princeton will be the sixth Ivy League school to adopt an open-access scholarship policy, joining Harvard, Columbia, the University of Pennsylvania, Cornell and Dartmouth. Other institutions with developed open-access policies include MIT, Duke, University of California, Berkeley and the University of Michigan.</i></blockquote>
Similar moves in Europe and elsewhere have led to the situation where <a href="http://poeticeconomics.blogspot.com/2011/09/dramatic-growth-of-open-access.html">open access is no longer on the fringes of academic publishing</a>:
<blockquote><i>DOAJ [Directory of Open Access Journals] is now over 7,000 journals, and still adding more than 4 titles per day. The Electronic Journals Library now lists more than 30,000 titles that are freely available. OpenDOAR [Directory of Open Access Repositories] now lists more than 2,000 repositories, and the BASE search engine searches more than 31 million documents in repositories. ROARMAP now lists a total of 300 open access mandate policies.</i></blockquote>
Princeton's high-profile move may well be a tipping point for others, and lead to scholars retaining copyright over their work as a matter of course.
<br /><br />
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a><br /><br /><a href="http://www.techdirt.com/articles/20111002/07051616173/princeton-tells-its-academics-not-to-hand-over-copyright-when-publishing-scholarly-journals.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111002/07051616173/princeton-tells-its-academics-not-to-hand-over-copyright-when-publishing-scholarly-journals.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111002/07051616173/princeton-tells-its-academics-not-to-hand-over-copyright-when-publishing-scholarly-journals.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>we-paid-for-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111002/07051616173</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 13 Sep 2011 04:22:38 PDT</pubDate>
<title>JSTOR Freely Releases Public Domain Papers That Greg Maxwell Already Freed</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110912/10132515906/jstor-freely-releases-public-domain-papers-that-greg-maxwell-already-freed.shtml</link>
<guid>http://www.techdirt.com/articles/20110912/10132515906/jstor-freely-releases-public-domain-papers-that-greg-maxwell-already-freed.shtml</guid>
<description><![CDATA[ You may recall that following the indictment of Aaron Swartz for downloading some JSTOR papers, a guy named Greg Maxwell decided to <a href="http://www.techdirt.com/articles/20110721/11122615195/aaron-swartz-indictment-leading-people-to-upload-jstor-research-to-file-sharing-sites.shtml">upload 33GBs of <i>public domain</i> papers from JSTOR</a> and make them available via The Pirate Bay.  He had the papers for a while, but was afraid that he'd get legally harassed for distributing them.  However, it appears the opposite has happened.  <a href="https://twitter.com/#!/Copycense/statuses/111487961593421827" target="_blank">Copycense</a> points us to the news that JSTOR has now agreed to <a href="http://about.jstor.org/news-events/news/jstor%E2%80%93free-access-early-journal-content" target="_blank">allow free access to all of its public domain material</a>.  In the announcement about this, JSTOR's managing director admits that Maxwell's actions had an impact on this effort, though she claims that JSTOR was planning to do this already:
<blockquote><i>
On a final note, I realize that some people may speculate that making the Early Journal Content free to the public today is a direct response to widely-publicized events over the summer involving an individual who was indicted for downloading a substantial portion of content from JSTOR, allegedly for the purpose of posting it to file sharing sites. While we had been working on releasing the pre-1923/pre-1870 content before the incident took place, it would be inaccurate to say that these events have had no impact on our planning. We considered whether to delay or accelerate this action, largely out of concern that people might draw incorrect conclusions about our motivations. In the end, we decided to press ahead with our plans to make the Early Journal Content available, which we believe is in the best interest of our library and publisher partners, and students, scholars, and researchers everywhere.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20110912/10132515906/jstor-freely-releases-public-domain-papers-that-greg-maxwell-already-freed.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110912/10132515906/jstor-freely-releases-public-domain-papers-that-greg-maxwell-already-freed.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110912/10132515906/jstor-freely-releases-public-domain-papers-that-greg-maxwell-already-freed.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>competition-is-good</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110912/10132515906</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 5 Aug 2011 08:41:00 PDT</pubDate>
<title>Should Doctors Who Put Their Names On Ghostwritten 'Journal' Articles For Big Pharma Be Sued For Fraud?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110804/03365015387/should-doctors-who-put-their-names-ghostwritten-journal-articles-big-pharma-be-sued-fraud.shtml</link>
<guid>http://www.techdirt.com/articles/20110804/03365015387/should-doctors-who-put-their-names-ghostwritten-journal-articles-big-pharma-be-sued-fraud.shtml</guid>
<description><![CDATA[ A few years back, we wrote about one of the (many) nasty and nefarious practices of the pharma industry: <a href="http://www.techdirt.com/articles/20090810/1820235831.shtml">ghostwriting scientific "review" articles</a> that pretended to give an overview of research on a certain treatment, but which really promoted a specific treatment, while de-emphasizing the risks.  These ghostwritten works were then made to look legitimate by getting a real doctor or academic to put their name on it, and then getting it published, sometimes in somewhat prestigious journals.  Back in 2009, there was some movement on this story, as some Senators <a href="http://www.techdirt.com/articles/20091117/2246526983.shtml">began investigating</a> this practice... but not much came of it.
<br /><br />
However, now, there's a fascinating article over at PLoS, arguing that <a href="http://www.plosmedicine.org/article/info%3Adoi%2F10.1371%2Fjournal.pmed.1001070" target="_blank">guest authors who put their names on such ghostwritten papers should be charged with fraud</a> under the RICO Act.  The article argues that mere academic sanctions and/or banning such authors from publishing again in certain journals may not be enough.  Instead, it suggests that a credible claim can be made in some cases on a RICO class action:
<blockquote><i>
Because a journal&rsquo;s readers are all
harmed by the fraud, they may sue the
guest in a civil RICO class action.
One of their harms involves the value of
the journal subscription. The subscription
price represents the value of a year&rsquo;s worth
of articles that conform to the guidelines.
Readers would not willingly pay for the
fraudulent articles, as shown by the
hypothetical example of a guest author
who disclaims responsibility for authorship.
Whether or not they read the article
in question, its publication deprives them
of the opportunity to read an article
satisfying the journal&rsquo;s requirements, and
thus diminishes the value of their subscription.
The harm may be measured by
reducing the subscription price in proportion
to the space devoted to the ghostwritten
article. If the subscription costs $100,
and the journal publishes 100 articles per
year, it could be said that each subscriber
suffers a $1 loss from a fraudulent article.
The individual loss is small, but the
aggregate loss to all subscribers may be
significant&mdash;particularly if the cost is
trebled under RICO.
</i></blockquote>
While I find the whole practice of bogus pharma marketing of this nature to be ridiculous, I'm still not sure I see a strong RICO claim here.  My guess is that a lot of courts would throw this kind of claim out pretty quickly.  I agree that something should be done to stop ghostwritten articles, but I'm not convinced that potentially charging them under the RICO Act is going to be the most effective.<br /><br /><a href="http://www.techdirt.com/articles/20110804/03365015387/should-doctors-who-put-their-names-ghostwritten-journal-articles-big-pharma-be-sued-fraud.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110804/03365015387/should-doctors-who-put-their-names-ghostwritten-journal-articles-big-pharma-be-sued-fraud.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110804/03365015387/should-doctors-who-put-their-names-ghostwritten-journal-articles-big-pharma-be-sued-fraud.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-don't-forget-racketeering</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110804/03365015387</wfw:commentRss>
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<item>
<pubDate>Fri, 25 Mar 2011 01:10:00 PDT</pubDate>
<title>Cornell Library Rejects Non-Disclosures On Journal Pricing; Will Reveal All Prices</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110323/02473713592/cornell-library-rejects-non-disclosures-journal-pricing-will-reveal-all-prices.shtml</link>
<guid>http://www.techdirt.com/articles/20110323/02473713592/cornell-library-rejects-non-disclosures-journal-pricing-will-reveal-all-prices.shtml</guid>
<description><![CDATA[ One of the more pernicious areas of locking up knowledge that we've seen and discussed involves <a href="http://www.techdirt.com/articles/20110226/17334613288/artificially-high-price-academic-journals-how-it-impacts-everyone.shtml">academic journals</a>.  These tend to involve private publishers who get a tremendous amount of completely free labor in terms of content submissions and even reviewers/editors... and then demand the copyrights of the research, while charging universities ridiculously high fees.  Those publishers have also gone to great lengths to try to block the US government from trying to make federally funded research available to the public at no cost after a limited amount of time.  And, of course, the journals often rely on secrecy to get the most money -- including requiring universities to sign non-disclosure agreements (NDAs) that forbid them from revealing how much they're paying for a journal.
<br /><br />
It's nice to see some universities really starting to push back, and it's even nicer when it's a university that I attended and from which I received two degrees.  My sister informs me that Cornell University has decided to take a stand and <a href="http://chronicle.com/article/Cornell-U-Library-Takes-a/126852/?key=G2hxdV88OydDNHs3NzgVMTdUb3ZgNUxya3YcY34gblFSGQ%3D%3D" target="_blank">is refusing to sign any NDAs from various journals</a>, and will make the prices they're being charged for such journals public.  As the University made clear in <a href="http://www.library.cornell.edu/aboutus/nondisclosure" target="_blank">a statement about this policy</a>, it feels these agreements go against the basic nature of openness and fairness:
<blockquote><i>
It has become apparent to the library community that the anticompetitive conduct engaged in by some publishing firms is in part a result of the inclusion of nondisclosure agreements in contracts. As Robert Darnton recently noted, by "keeping the terms secret, ... one library cannot negotiate for cheaper rates by citing an advantage obtained by another library."  For this reason, the International Coalition of Library Consortia's "Statement of Current Perspective and Preferred Practices for the Selection and Purchase of Electronic Information" states that "Non-disclosure language should not be required for any licensing agreement, particularly language that would preclude library consortia from sharing pricing and other significant terms and conditions with other consortia." The more that libraries are able to communicate with one another about vendor offers, the better they are able to weigh the costs and benefits of any individual offer. An open market will result in better licensing terms.
<br /><br />
Additionally, nondisclosure agreements conflict with the needs of CUL librarians and staff to work openly, collaboratively, and transparently. This conflict increases the likelihood that the terms of a nondisclosure agreement would be inadvertently violated, posing a threat to the university
</i></blockquote>
The next step is focusing more and more on truly open journals and increasing their acceptance in academia.<br /><br /><a href="http://www.techdirt.com/articles/20110323/02473713592/cornell-library-rejects-non-disclosures-journal-pricing-will-reveal-all-prices.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110323/02473713592/cornell-library-rejects-non-disclosures-journal-pricing-will-reveal-all-prices.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110323/02473713592/cornell-library-rejects-non-disclosures-journal-pricing-will-reveal-all-prices.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>go-big-red</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110323/02473713592</wfw:commentRss>
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<pubDate>Fri, 4 Mar 2011 01:05:56 PST</pubDate>
<title>The Artificially High Price Of Academic Journals And How It Impacts Everyone</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110226/17334613288/artificially-high-price-academic-journals-how-it-impacts-everyone.shtml</link>
<guid>http://www.techdirt.com/articles/20110226/17334613288/artificially-high-price-academic-journals-how-it-impacts-everyone.shtml</guid>
<description><![CDATA[ It's been a few years since we first discussed the ridiculous racket known as <a href="http://www.techdirt.com/articles/20080729/0206121824.shtml">academic publishing</a>.  Unlike pretty much any other publication, all of the writing for these publications is done for free.  Hell, in some subjects and for some journals, you actually have to <i>pay</i> to submit your papers.  The "peer review" is all done for free and often any editing is done for free by an academic to build his or her reputation and CV.  So, basically, you have just a tiny fraction of the costs of most any other publication, and yet, the mega-publishers behind these journals charge ridiculous amounts for subscriptions and even for single articles.  Even worse, a significant percentage of academic research is still heavily funded by the US government (our taxpayer dollars), yet much of it is locked up behind these incredibly high prices.  In many cases, the journals forbid the researcher from releasing the paper elsewhere (though many academics, thankfully, ignore this and offer up PDF downloads).  NIH now requires research it funded to be publicly published a year after its published in a proprietary journal, and there are efforts to expand that to other government funding as well -- but the publishers have <a href="http://www.techdirt.com/articles/20100802/01361110446.shtml">lobbied very hard</a> against this, and even wish to repeal the NIH rule.
<br /><br />
An article over at the Atlantic delves into this issue, going through the ridiculous economics showing how much lower the costs are for journals -- especially in this digital age -- and pointing out that <a href="http://www.theatlantic.com/national/archive/2011/02/read-this-academic-journal-article-but-prepare-to-pay/71536/" target="_blank">this impacts everyone, rather than just doctors and scientists</a>.  The rest of the world shouldn't be cut off from research like this -- especially when it's federally funded.  As John Bennett points out in response to that article, <a href="http://www.againstmonopoly.org/index.php?perm=72958000000000094&#038;utm_source=twitterfeed&#038;utm_medium=twitter" target="_blank">this is another example of intellectual monopolies</a> making things ridiculously more expensive than the market should allow.  As Thomas Macauley <a href="http://www.techdirt.com/articles/20101123/03020511984/how-do-you-measure-benefits-copyright.shtml">famously said</a> a century and a half ago:
<blockquote><i>
"the effect of monopoly generally is to make articles scarce, to make them dear, and to make them bad."
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20110226/17334613288/artificially-high-price-academic-journals-how-it-impacts-everyone.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110226/17334613288/artificially-high-price-academic-journals-how-it-impacts-everyone.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110226/17334613288/artificially-high-price-academic-journals-how-it-impacts-everyone.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sad-to-see</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110226/17334613288</wfw:commentRss>
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<item>
<pubDate>Thu, 20 Jan 2011 01:05:00 PST</pubDate>
<title>Publishers Remove 2500 Journals From Free Access In Bangladesh; Put Them Back When People Notice</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110114/00590412666/publishers-remove-2500-journals-free-access-bangladesh-put-them-back-when-people-notice.shtml</link>
<guid>http://www.techdirt.com/articles/20110114/00590412666/publishers-remove-2500-journals-free-access-bangladesh-put-them-back-when-people-notice.shtml</guid>
<description><![CDATA[ We've discussed in the past some of the more <a href="http://www.techdirt.com/articles/20100802/01361110446.shtml">ethically dubious moves</a> by the big academic journal publishers, and the more you look, the worse it seems to get.  Glyn Moody <a href="http://opendotdotdot.blogspot.com/2011/01/unacceptable-face-of-copyright.html" target="_blank">has the story</a> about how a bunch of publishers all agreed to <a href="http://www.bmj.com/content/342/bmj.d196.full" target="_blank">remove free access to thousands of journals in Bangladesh</a>.  Apparently they had previously allowed such free access, noting that Bangladesh was a developing nation, but now they claim they've seen enough sales to pull the plug on the free access.  Among the journals removed:
<blockquote><i>
From 4 January Elsevier Journals withdrew access in Bangladesh to 1610 of its publications, including the Lancet  stable of journals, which had been available through the World Health Organization&rsquo;s Health Inter-Network for Access to Research Initiative (HINARI) programme. HINARI was set up in 2002 to enable not for profit institutions in developing countries to gain access online to more than 7000 biomedical and health titles either free or at very low cost.
<br /><br />
Springer has withdrawn 588 of its journals from the programme in Bangladesh and Lippincott Williams and Wilkins 299 journals. The American Association for the Advancement of Science and the American Society for Animal Science have withdrawn access to, respectively, two and three of their journals. 
</i></blockquote>
And this resulted in the bizarre situation in which some researchers in the country no longer had access to their own research:
<blockquote><i>
Tracey Koehlmoos, head of the health and family planning systems programme at the International Centre for Diarrhoeal Disease Research in Dhaka, said, "We are a little less than 300 scientists eking out world class research on a shoestring budget without the purchasing power capacity of a big university in the West. HINARI has been our lifeline. My colleagues publish in many of these journals, and now we won&rsquo;t even have access to our own papers."
</i></blockquote>
Access to knowledge is important for creating new knowledge.  Blocking off such access to these scientists and researchers is a really unfortunate move.
<br /><br />
Thankfully, as I was finishing up writing this piece, I saw the news that, given the outcry of protests about this, the <a href="http://download.thelancet.com/flatcontentassets/pdfs/S0140673611600664.pdf" target="_blank">publishers backed down</a> (pdf).  However, it seems troubling that it should take a public outcry for these publishers to realize this was a bad idea.<br /><br /><a href="http://www.techdirt.com/articles/20110114/00590412666/publishers-remove-2500-journals-free-access-bangladesh-put-them-back-when-people-notice.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110114/00590412666/publishers-remove-2500-journals-free-access-bangladesh-put-them-back-when-people-notice.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110114/00590412666/publishers-remove-2500-journals-free-access-bangladesh-put-them-back-when-people-notice.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>gotta-pay-to-do-research</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110114/00590412666</wfw:commentRss>
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<pubDate>Tue, 3 Aug 2010 10:34:00 PDT</pubDate>
<title>The Intellectually Dishonest Claims Of Those Fighting Against Open Access To Federally Funded Research</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100802/01361110446.shtml</link>
<guid>http://www.techdirt.com/articles/20100802/01361110446.shtml</guid>
<description><![CDATA[ We've written a few times about the ongoing fight over whether or not federally funded research should be somewhat accessible to the public.  This kicked off a few years back when the NIH, which funds a tremendous amount of research, required that any research that was funded by them had to be published in PubMed, its free and open database of such research one year after it was published in a journal.  Scientific journals, as you probably know, are basically a huge scam.  Unlike <i>most</i> publications, the journals don't pay the people who provide all the material in those journals.  Instead, the researchers <i>pay the journals</i> to publish their research.  Not only that, but in exchange for <i>paying</i> the journal, the researchers also have to <i>hand over their copyright</i> on the research.  This gets really ridiculous at times, as professors I've spoken with have needed to <i>totally redo their own experiments</i> because some journal "owned" their research, and they couldn't reuse any of the data.
<br /><br />
On top of that, these journals don't pay people to do peer review.  Other researchers in the field are expected to do the peer review for free.  Oh, and then did we mention that these journals charge ridiculous sums (thousands upon thousands of dollars) for subscriptions, which many university libraries feel compelled to pay?  And that much of the research is paid for by your tax dollars anyway?
<br /><br />
So the journals have been complaining about this attempt to actually have federally funded research available to the public who paid for it, where it can actually be much more useful.  The American Psychological Association has been the worst of the bunch in dealing with this, trying to (on top of everything else) <a href="http://www.techdirt.com/articles/20080729/0206121824.shtml">charge institutions</a> $2,500 to "deposit" papers with PubMed as it's required to do (as if researchers couldn't just upload the paper themselves).  On top of that, various publishers lobbied hard for a law to <a href="http://www.techdirt.com/articles/20090212/0335043743.shtml">end the requirement</a> to publish such federally funded works.  Thankfully, it hasn't passed.  Instead, the Obama administration has supported <a href="http://www.techdirt.com/articles/20100115/0038317770.shtml">extending the policy</a> beyond the NIH to make <i>all</i> federally funded research publicly accessible after a year.
<br /><br />
As this is being debated, it's really rather stunning the level of intellectual dishonesty being pushed by those who want to lock up federally funded research.  <a href="http://twitter.com/glynmoody/statuses/19981193762" target="_blank">Glyn Moody</a> points us to the astoundingly ridiculous claim from Steven Breckler of the American Psychological Association, that requiring free access to federally funded research one year after it's published would <a href="http://www.nextgov.com/nextgov/ng_20100730_1806.php?oref=topnews" target="_blank"><i>violate</i> the administrations pledge for transparent government</a>.    Yes, read that again.  With a straight face, this guy is claiming that a requirement for making federally funded research publicly accessible will <i>violate</i> a pledge for more transparency in government.  This is shockingly dishonest.
<br /><br />
If you want to understand the specious reasoning, it's as follows: the requirement for transparency from the government says that there are limits on that transparency, and those limits include "national security, privacy or other genuinely compelling interests."  And, according to Breckler, one of those other "genuinely compelling interests" is his job.  Well, that's not quite the way he put it.  But, basically, he claims that if required to publish content after a year, there would be fewer peer reviewed journals.  But he presents no evidence to support that whatsoever.  In fact, what the research <i>actually shows</i> is that the journals that have <i>chosen</i> to be open are actually <a href="http://eprints.ecs.soton.ac.uk/18516/" target="_blank">doing quite well</a> when it comes to actually having their research being used for scientific advancement.  They're cited much more frequently and used much more often in moving research forward.  In other words, if the real goal is to promote scientific advancement, opening up federally funded research makes a tremendous amount of sense, totally contrary to Breckler's and the American Psychological Association's claims.
<br /><br />
If you're a member of the APA, you should frankly be disgusted with this display of intellectual dishonesty.
<br /><br />
And it gets worse.  Moody also points us to an attempt by Patrick Ross of the Copyright Alliance to <a href="http://blog.copyrightalliance.org/2010/07/limiting-copyright-to-12-months/" target="_blank">side with the APA as well</a>.  Ross, amusingly, always claims he's fighting the fight for "content creators."  And yet, when you look at nearly everything that he and the Copyright Alliance seems to work on, it's always working with middlemen who regularly <i>screw over</i> the actual content creators.  That's the case here as well.  These journals are getting researchers to <i>pay them</i> to take away their copyrights.  Defending them and pretending that's defending content creators is sickening.
<br /><br />
But that's exactly what Ross does, where he claims that the rule would effectively limit copyright to 12 months.  That, of course, is not true at all.  But, more importantly, it's worth pointing out, again, that this is <i>federally funded research</i>.  US copyright law already says that anything produced by the federal gov't should not get a copyright, and it's silly that this does not extend to research funded by the government as well.   Beyond that, Ross' attempt to toe the APA's line is so blatantly misleading, it's amazing anyone takes anything Ross or the APA has to say seriously.  In his writeup, Ross quotes new APA research (so that's not biased <i>at all</i>) that claims that only 15% of access to journal articles happen in the first year.
<br /><br />
Ross then takes this to conclude that requiring open access after year one is asking a publishers to "forfeit 85% of their economic return."  Except that's simply not true at all.  Not even close to true.  This assumes that all journal revenue is on a pay-for-access basis.  But that's not the case at all.  First of all, journals make money from the fees researchers and professors pay to submit their articles.  Second, the vast majority of their income comes from subscriptions from libraries.  Most libraries will continue to pay for subscriptions for important journals, because it'll still be worth having access earlier.  The fact that people access the data later doesn't change the economic model very much, and certainly not by 85% as Ross claims.
<br /><br />
The whole thing, frankly, is ridiculous.  Academic journals are immensely profitable operations, in part because they not only get free labor from peer reviewers, but they also get people to <i>pay them</i> to give them their content.  No other publishing business in the world has it so good and so easy.  And much of this rides on the back of the American taxpayer.  The system, as it stands, is effectively a way to transfer taxpayer dollars to private publishers, and lock up federally funded research in the process.  It helps no one other than the publishers.  It doesn't help the researchers, who have much more difficulty sharing and building on the research of others.  It doesn't help science, which is held back by having such research locked up.  And it certainly doesn't help the public or the government who foots the bill.
<br /><br />
On top of all that, there's increasing evidence that the traditional peer review journal system <i>doesn't even work</i> very well.  More and more frequently, we're hearing of junk science making it through the peer review process.  Simply having two people review a work and signing off on it is not a real peer review.  A more open system, where lots of experts get to look at the information and weigh in on it is <i>significantly more effective and efficient</i>.
<br /><br />
What's amazing is that this is all so painfully obvious to anyone who looks at this stuff, that those who are still trying to defend this ridiculous taking of taxpayer money in an effort to lock up federally funded research for profit are forced to make such laughably intellectually dishonest claims to try to keep such a scam going.  It's really quite shameful, but does suggest the lengths to which some people will go to keep cash flowing in their direction.<br /><br /><a href="http://www.techdirt.com/articles/20100802/01361110446.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100802/01361110446.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100802/01361110446.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>shameful</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100802/01361110446</wfw:commentRss>
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<pubDate>Wed, 11 Nov 2009 18:11:00 PST</pubDate>
<title>Nobel Prize Winning Scientists Say Federally Funded Research Should Be Available Free Online</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091111/0152276888.shtml</link>
<guid>http://www.techdirt.com/articles/20091111/0152276888.shtml</guid>
<description><![CDATA[ For many years, there's been a lot of debate over the fact that many scientific journals effectively lock up the results of federally funded research in expensive journals that are inaccessible to the public -- including many other researchers.  Locking up useful research is troubling enough, but when it's federally funded, it's really problematic.  Many scientists are quite troubled by this, and <a href="http://twitter.com/glynmoody/status/5598859661" target="_blank">Glyn Moody</a> points out that a group of Nobel Prize-winning scientists has <a href="http://www.taxpayeraccess.org/news/news_releases/09-1110.shtml" target="_blank">now urged Congress to require federally-funded research to be freely available online</a>.  Really, they're pushing in favor of a new law, the <a href="http://www.washingtonwatch.com/bills/show/111_SN_1373.html" target="_blank">The Federal Research Public Access Act of 2009</a>, which seems to make a lot of sense.  If the government is funding the research, the more widely available it is, the better.
<center>
<script type="text/javascript" src="http://washingtonwatch.com/info/widget.php?id=200518669"></script>
</center><br /><br /><a href="http://www.techdirt.com/articles/20091111/0152276888.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091111/0152276888.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091111/0152276888.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-for-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091111/0152276888</wfw:commentRss>
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<pubDate>Fri, 21 Aug 2009 18:11:00 PDT</pubDate>
<title>Open Science And Closed Science: Aren't Papers Supposed To Be A Part Of The Conversation?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090820/0153145940.shtml</link>
<guid>http://www.techdirt.com/articles/20090820/0153145940.shtml</guid>
<description><![CDATA[ It's no secret that we've got some serious problems with the way the old school scientific journals work -- basically locking up scientific research rather than really living up to their mandate to spread scientific knowledge.  Stephen alerts us to a separate issue with traditional journal publications: how they handle the followup discussion.  There's a great blog post at Scienceblogs, that <a href="http://scienceblogs.com/clock/2009/08/not-so-self-correcting_science.php?utm_source=selectfeed&utm_medium=rss" target="_new">compares two separate journal articles</a> where readers felt that the results were falsified in some way (despite being peer reviewed).  In one, the scientist had to go to hell and back just to get the editors publish a comment questioning the original article.  In the second, even though the article was published in a journal, an outside blog post and its comments became an impromptu forum to question the data in the article -- with many scientists conducting the same experiment themselves and posting the results (including photos) in real-time.
<br><br>
The second one is obviously a lot more of the way research <i>should</i> work these days, though it shouldn't all be hidden in a separate site's comments.  If journals are serious about advancing knowledge, rather than locking it up, why not give up on the obviously faulty simple peer review process, and open up the content so that knowledgeable people can input their own thoughts in comments directly on the article in question?  Isn't that what knowledge exchange is supposed to be about?<br /><br /><a href="http://www.techdirt.com/articles/20090820/0153145940.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090820/0153145940.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090820/0153145940.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>rather-than-a-brick-wall</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090820/0153145940</wfw:commentRss>
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<pubDate>Fri, 24 Jul 2009 12:56:59 PDT</pubDate>
<title>Should Copyright Be Abolished On Academic Work?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090724/0445155649.shtml</link>
<guid>http://www.techdirt.com/articles/20090724/0445155649.shtml</guid>
<description><![CDATA[ We've discussed a few times over the years how copyright gets in the way of academic work.  Journals (who get all of their writing and reviewing totally for free) insist on holding the copyright for those works in many cases.  I've even heard of academics who had to <i>redo</i> pretty much the identical experiment because they couldn't even cite their own earlier results for fear of a copyright claim.  It leads to wacky situations where academics either ignore the fact that the journals they published in hold the copyright on their work, or they're forced to <a href="http://www.techdirt.com/articles/20090625/0342445360.shtml">jump through hoops</a> to retain certain rights.  That's bad for everyone.
<br /><br />
However, at least some are recognizing the problem.  <a href="http://twitter.com/SoItsComeToThis/status/2743250716" target="_new">Christopher</a> points us to a new paper, which <a href="http://cyber.law.harvard.edu/node/5505" target="_new">questions if copyright law should be <i>abolished</i> for academic papers</a>:
<blockquote><i>
The conventional rationale for copyright of written works, that copyright is needed to foster their creation, is seemingly of limited applicability to the academic domain. For in a world without copyright of academic writing, academics would still benefit from publishing in the major way that they do now, namely, from gaining scholarly esteem. Yet publishers would presumably have to impose fees on authors, because publishers would not be able to profit from reader charges. If these publication fees would be borne by academics, their incentives to publish would be reduced. But if the publication fees would usually be paid by universities or grantors, the motive of academics to publish would be unlikely to decrease (and could actually increase) â€&ldquo; suggesting that ending academic copyright would be socially desirable in view of the broad benefits of a copyright-free world. If so, the demise of academic copyright should be achieved by a change in law, for the 'open access' movement that effectively seeks this objective without modification of the law faces fundamental difficulties.
</i></blockquote>
The whole paper is well worth reading, and it makes a very compelling case (admittedly, I'm already a strong believer in the harm done by copyright in many instances) as to why copyright makes no sense in the academic setting, and likely causes a lot more harm than good.  Beyond showing why abolishing copyright on academic works wouldn't decrease output, it also suggests that it would lead to nuermous additional benefits as well, that come with more freedom in sharing ideas, which speeds further ideas and innovation.  The last bit, suggesting why the "open access" movement isn't enough is also quite interesting.  While I've always paid attention to the "open access" people, I hadn't given it too much thought.  The paper though, does outline some key problems with the open access push as it stands today, and shows how the goals of the open access movement would be much better accomplished not through such a system, but in getting rid of copyright on academic research entirely.<br /><br /><a href="http://www.techdirt.com/articles/20090724/0445155649.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090724/0445155649.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090724/0445155649.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>makes-sense</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090724/0445155649</wfw:commentRss>
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<pubDate>Tue, 30 Jun 2009 14:45:00 PDT</pubDate>
<title>The Ridiculous Copyright Situation Faced By Academics Who Want To Promote Their Own Research</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090625/0342445360.shtml</link>
<guid>http://www.techdirt.com/articles/20090625/0342445360.shtml</guid>
<description><![CDATA[ <a href="http://www.3rdPartyFeedback.com">Ed Kohler</a> points us to a long, but fascinating blog post, by Stuart Shieber, a CS professor at Harvard, discussing the <a href="http://blogs.law.harvard.edu/pamphlet/2009/06/18/dont-ask-dont-tell-rights-retention-for-scholarly-articles/" target="_new">somewhat ridiculous copyright situation that many academics deal with</a> in trying to promote their own works.  I've heard similar stories from other professors I know, but this one is worth reading.  Shieber points out the importance of academics getting their research published in journals, but how annoying it is that most journals require those academics to give up all sorts of rights -- including the right to distribute their own research on their websites.  However, he notes that most published academics simply <i>ignore</i> this rule, and you end up with a "don't ask, don't tell" policy.  Even though they're legally prevented from putting up a PDF of their work on their website, they do so anyway, and journals just look the other way.
<br /><br />
Shieber, however, finds this situation to be a bad thing, and instead adds an amendment that at least grants him the right to publish his own research on his own website.  It seems pretty ridiculous that this should even be an issue at all.  He notes that most journals haven't had a problem with this -- which is surprising, but good to hear.  He did run into one publisher, however, who fought him on it, and after lots of back and forth, his paper was pulled.  The reasoning that the journal gave didn't make much sense, and Shieber shows how wrong they are (for example, they claim that if professors published the works on their website, demand for journal subscriptions would go down -- but Shieber did a quick look, and found that about 80% of those who published in the same journal had posted the content <i>anyway</i>, and it hadn't killed off the journal, so arguing against him seemed pointless).  Eventually, he was able to convince the journal to change its policies and got his paper published, but it delayed publication for a while.
<br /><br />
It's really unfortunate that journals still think that locking up such content makes sense.  The idea that researchers shouldn't be allowed to share their own research with the world because some journal needs artificial scarcity for its business model is something that needs to be put to rest.<br /><br /><a href="http://www.techdirt.com/articles/20090625/0342445360.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090625/0342445360.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090625/0342445360.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-ask,-don't-tell</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090625/0342445360</wfw:commentRss>
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<pubDate>Mon, 4 May 2009 07:55:00 PDT</pubDate>
<title>Merck And Elsevier Exposed For Creating Fake Peer Review Journal</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090503/1255574725.shtml</link>
<guid>http://www.techdirt.com/articles/20090503/1255574725.shtml</guid>
<description><![CDATA[ I know I've mentioned for a while that I've been spending a lot of time looking into the healthcare industry -- particularly pharmaceutical companies, but haven't written that much about them yet because I haven't had the time to put everything together.  However, the one thing that seems pretty consistent is how incredibly untrustworthy some of these companies are.  The claims that it costs $800 million to make a pill are totally unsubstantiated.  The idea that patents are necessary to create drugs is also entirely unsubstantiated.  The more you look at it, the more you realize that patents have actually allowed the pharma industry to slow down many potential life-saving innovations in favor of a drug-based solution that isn't always the best.  That isn't to say that there aren't some valuable pharmaceuticals, but the industry has a long history of deception and convincing the public and politicians that they need a lot more protection and money than they really do -- and that their drugs are more effective than they really are.
<br /><br />
Even so, I was still somewhat stunned to read (via <a href="http://twitter.com/cshirky/status/1686408224" target="_new">Clay Shirky</a>) that Merck supposedly <a href="http://blog.bioethics.net/2009/05/merck-makes-phony-peerreview-journal/" target="_new">created a <i>fake peer-reviewed journal</i></a> to publish data that made its drugs look good. It also got Elsevier to publish the journal to make it look legit (Elsevier being one of the bigger publishers of -- of course -- proprietary medical journals).  Two companies with a history of locking up information and data teaming up to mislead doctors and the public?  What a shock...
<br /><br />
Of course, this is exactly the sort of thing that you can do when everything is locked up and proprietary, rather than open.  There's almost no way to confirm or check the data or information to make sure it's legit, so people tend to assume it is.  In that regard, perhaps it's no surprise that the two companies eventually went down this road, but it does highlight one of the problems with the way the system works today.  As Shirky later <a href="http://twitter.com/cshirky/statuses/1687219700" target="_new">points out</a> this is hardly unique for a firm like Elsevier, which has faced some serious <a href="http://www.metafilter.com/76467/Would-you-like-to-buy-an-fuzzy-multiinstanton-knot" target="_new">ethical questions</a> regarding its publications in the past as well.<br /><br /><a href="http://www.techdirt.com/articles/20090503/1255574725.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090503/1255574725.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090503/1255574725.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wow</slash:department>
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<pubDate>Thu, 12 Feb 2009 11:58:43 PST</pubDate>
<title>Rep. Conyers, Once Again, Trying To Lock Up Federally Funded Research</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090212/0335043743.shtml</link>
<guid>http://www.techdirt.com/articles/20090212/0335043743.shtml</guid>
<description><![CDATA[ Last year, Congress finally got fed up with the fact that publicly funded research was being locked up in various scientific journals.  The whole journal business is something of a scam.  Unlike other publications, the folks who write the papers for journals <i>pay</i> the journals to get their content published.  On top of that, the "peers" who review the works aren't paid for their work either.  In other words, these journals get a ton of free labor... and sometimes that labor pays them.  And, then, on top of that, they charge ridiculously high prices for anyone to subscribe, claim the copyright on all submitted works, and are incredibly aggressive in enforcing that copyright.  An academic I knew, at one point had to consider doing an experiment a second time just to get the same results, because mentioning the earlier results of his <i>own study</i> might violate the copyright of the journal.  And, remember, much of this is happening with research that was funded by taxpayers.
<br /><br />
So, Congress decided that any research that was funded by NIH (which funds about $30 <i>billion</i> in research each year) had to also be openly published one-year after it was published in the journal.  It's hard to see how this damages the journals at all.  They still retain a significant monopoly right on the works -- and have a year's head start.  Yet, the journal publishers have been screaming bloody murder, and even trying to force academics to <a href="http://www.techdirt.com/articles/20080729/0206121824.shtml">pay thousands of dollars</a> to cover the "cost" of republishing the article in an open archiving database.
<br /><br />
And, of course, those publishers have been complaining like crazy to Congress.  Last year, Rep. Conyers (who also recently introduced the RIAA's <a href="http://www.techdirt.com/articles/20090206/1538503680.shtml">preferred legislation</a>, and was heavily backed by the American Intellectual Property Law Association in his most recent election) introduced some legislation to repeal this requirement, though the legislation <a href="http://www.techdirt.com/articles/20080916/1925432287.shtml">went nowhere fast</a>. However, he's wasted very little time <a href="http://www.publicknowledge.org/node/1989" target="_new">introducing identical legislation this year</a>.
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Right before Conyers brought this legislation back, Stanford Professor John Willinsky published a well-worth reading article explaining <a href="http://biology.plosjournals.org/perlserv/?request=get-document&#038;doi=10.1371%2Fjournal.pbio.1000030" target="_new">why the publishers' objections to the requirement to openly publish makes no sense</a>.  Their general argument is that this is the government interfering with private businesses.  But, of course, that's not true at all.  As Willinsky notes, the only reason that particular private business exists as it does is <i>because</i> the government interfered in the form of <i>giving them copyright</i>:
<blockquote><i>
What is held to be "unfair" in the bill is government interference with the publisher's exclusive ownership over research. This is not, however, a case of keeping the government's clumsy hand off a free market. The scholarly publishing market depends on government interference in the first instance. The government allows publishers to exercise monopoly rights over this research through copyright law, a form of market interference....
</i></blockquote>
Furthermore, Willinsky mentions the original, Constitutional purpose behind said copyright: "To promote the progress of science and the useful arts..."  Congress gets to determine what promotes the progress, and if it's shown that open publication of publicly funded works promotes that progress, then the journals should have no argument at all.  But, argue they will...  so, <a href="http://www.publicknowledge.org/node/1989" target="_new">Public Knowledge</a> and <a href="http://www.taxpayeraccess.org/action/HR801-09-0211.html" target="_new">The Alliance for Taxpayer Access</a> are both asking people to write their elected representatives to oppose this attempt to once again lock up the very research that we all funded as taxpayers.<br /><br /><a href="http://www.techdirt.com/articles/20090212/0335043743.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090212/0335043743.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090212/0335043743.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>isn't-that-a-problem?</slash:department>
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<pubDate>Tue, 14 Oct 2008 18:58:00 PDT</pubDate>
<title>Are Scientific Journals Recognizing The Value Of Open Access Publishing?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081013/0115362527.shtml</link>
<guid>http://www.techdirt.com/articles/20081013/0115362527.shtml</guid>
<description><![CDATA[ We've had numerous articles over the years concerning the rise of "open access" scientific
journals, which focus on making the research they publish openly available (usually
online) to anyone who wants it, rather than the more traditional method of going through
ridiculously expensive journals.  This movement has certainly gained plenty of steam in
the past fast years, even as many of the traditional publishers have done <a href="http://techdirt.com/articles/20080729/0206121824.shtml">everything
possible</a> to fight it.
<br /><br />
However, as SteveD points out to us, last week one of the big traditional publishers, 
Springer Science+Business Media <a href="http://www.guardian.co.uk/commentisfree/2008/oct/11/pressandpublishing-internet"
target="_new">acquired one of the more successful open access journals, BioMed
Central</a>, which has shown that it's possible to be an open access journal <i>and</i>
profitable at the same time (wonders never cease).  The author of the article notes,
correctly, that it would certainly be a good thing if the old-line journals are finally
recognizing that open access journals are an important and profitable part of scientific
discussion, rather than just fighting them at every turn.<br /><br /><a href="http://www.techdirt.com/articles/20081013/0115362527.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081013/0115362527.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081013/0115362527.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-would-be-good-news</slash:department>
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<pubDate>Tue, 29 Jul 2008 13:03:00 PDT</pubDate>
<title>Research Journals Make It As Difficult As Possible To Openly Publish Gov't Funded Research</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080729/0206121824.shtml</link>
<guid>http://www.techdirt.com/articles/20080729/0206121824.shtml</guid>
<description><![CDATA[ I recently got into a conversation with an academic, who had to jump through some ridiculous hoops to get a paper published.  Apparently, part of the experiment had been published elsewhere, and even though it was in a somewhat different context, a journal that was interested in publishing a different paper wouldn't touch it because an editor there was afraid of the copyright issues from the first publisher.  So, unless the professor was willing to do an entirely new experiment to create new (the same) results, it wouldn't publish.  This, of course, seems to go against everything that academia should be about: which is the open sharing of research results and ideas to further the course of knowledge.  But, of course, thanks to copyright, that's rarely what happens.
<br /><br />
Witness this bizarre story, relayed by William Patry, about <a href="http://williampatry.blogspot.com/2008/07/open-access-and-nih.html" target="_new">the American Psychological Association's assault on a Congressional requirement that any NIH-funded research get published openly</a> a year after its published in a journal.  Let's be entirely clear here: we're talking about publicly (tax-payer) funded research that gets published in a journal.  The journal does not pay for the research at all.  The research is paid for by the NIH.  Much of the salaries of the academics involved are often paid for by public institutions as well.  On top of that, the journals do not reimburse the academic for publishing the research.  The journals also do not reimburse the "peers" who peer review the research.  In other words, these journals contribute very little to the publication, and get tremendous benefits for free (often at the expense of taxpayers).  And, then, of course, the journals claim copyright over the papers and charge insane fees to subscribe to the journals that publish them.
<br /><br />
Recently, Congress realized this was a problem, and ordered that all NIH-funded research (and that's hardly peanuts: the NIH funds nearly <a href="http://www.nih.gov/about/budget.htm">$30 billion</a> in research <i>per year</i>) be published online in the PubMed Central archive, a year after publication in a journal.  This still granted the journals plenty of time to get a return on whatever little "investment" they put into the publication.  Most university libraries would still pay the exorbitant fees for the journal, but this tax-payer funded research would then be available to others after one year for free.
<br /><br />
The American Psychological Association had other ideas, however.  While it's not disobeying the rule, it is taking a rather draconian approach to it.  It's decided that it will charge the institution the academic comes from $2,500 for "depositing" the paper with PubMed.  It will not allow the researchers to submit the paper themselves (and avoid the fee).  It also will not let the researcher submit the paper to any other open research publication and (of course) will not let the author retain the copyright on the publications.  While it appears that the APA is rethinking some of this policy thanks to some of the outcry, it shows yet another old school academic journal clinging to not just an outdated business model, but one that actively stifles academic sharing of research and cross-pollination of ideas.<br /><br /><a href="http://www.techdirt.com/articles/20080729/0206121824.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080729/0206121824.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080729/0206121824.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>bad-news-for-everyone</slash:department>
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<pubDate>Wed, 19 Mar 2008 05:18:00 PDT</pubDate>
<title>Science Journal Won't Publish Papers Because Authors Want To Put Them On Wikipedia</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080318/074802570.shtml</link>
<guid>http://www.techdirt.com/articles/20080318/074802570.shtml</guid>
<description><![CDATA[ Over the last few months, we've been hearing more and more stories concerning some of the ridiculous levels of control that academic journals exert over the copyrights on the various papers and research they publish.  Since many of those journals are ridiculously expensive, much of this important research is basically locked up entirely.  This is especially troublesome when it comes to publicly funded research, which you would think should be available to the taxpayers who paid for it.  While we've definitely seen a <a href="http://www.techdirt.com/articles/20080313/061405533.shtml">trend</a> towards more open rules to publishing, many journals are still behind the curve.  Reader <b>parsko</b> writes in to alert us to the news of the American Physical Society, which <a href="http://www.newscientist.com/channel/opinion/mg19726473.300-physicists-slam-publishers-over-wikipedia-ban.html?feedId=online-news_rss20" target="_new">withdrew the offer to publish two recent studies in the <i>Physical Review Letters</i></a> because the authors wanted to be able to publish parts of the study in Wikipedia.  Since the APS requires you hand over the rights to the study, they wouldn't allow it, and turned down the papers because of it.  Not surprisingly, various scientists are upset about this, pointing out that it seems totally contrary to the purpose of the journal to hide such information using copyright claims.  The APS has now said that it will reconsider the policy at its next meeting, but the fact that it even got this far suggests how locked down many of these journals are.<br /><br /><a href="http://www.techdirt.com/articles/20080318/074802570.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080318/074802570.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080318/074802570.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>mine,-all-mine!</slash:department>
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