There is an article of a scholar (German studies) against OA in the leading German newspaper arguing that mandates (he cites ZORA) and the Konstanz request to deliver a full text when sending the data for the university bibliography ar against academic freedom. Read it in Google's English:
http://tinyurl.com/bv58fe See also: http://archiv.twoday.net/stories/5509895/ It is wrong to think mandates are the only way to fill the repositories. It is ignored in this list by Harnad and the other Mandate-Advocates that "Cream of Science" project in the NL had a very high OA rate. Thus I applaud the DFG which is planning a similar program. Klaus Graf