This isn't about the availablity of publilc access, but the requirement for public access. As it stands now, if I'm funded by the National Science Foundation (and I am, partially), I can publish my work in a Journal that requires the public (people who funded the work through their tax dollars) to pay to access that reseach. If I'm funded by the National Institutes of Health (and I am, partially), they insist that anything I publish is available for free after one year. I wish that everything worked that way, because, just like artists, obscurity is the biggest problem. The more people who can find my work, the happier I am.