On Wed, Apr 8, 2015 at 2:04 PM, David Prosser <david.pros...@rluk.ac.uk>
wrote:

> > Jeroen - CC-BY license
> >
> > Heather - NO!!! the CC-BY license is a major strategic error of the open
> access movement. Allowing downstream commercial use to anyone opens up the
> possibility of re-enclosure.  ...
>
> I continue to be unable to grasp Heather’s argument.  If, for whatever
> reason, I purchase from you a CC-BY article I can, as it is CC-BY, make the
> article freely available.  I don’t see how CC-BY allows for re-enclosure
> when it contains within itself the ultimate enclosure-busting feature of
> allowing unlimited distribution provided there is attribution.
>
> David
>
>
I completely agree with David. If HeatherM can show us that total enclosure
has ever actually occurred we need to know. The conditions are almost
inconceivable:
* a commercial company encloses the *published* CC-BY article. It strips
off the licence (thereby breaking the contract).
* the world destroys or loses ALL other copies of the manuscript. It then
forgets that this manuscript ever existed as CC-BY.

Only then does the illegally enclosed object represent monopoly control.

In the normal case there are always copies of the un-enclosed article
available for free use, re-use, modification and redistribution

P.

[Far more serious is the following scenario which happens frequently enough
to be really serious. A traditional toll-access publisher accepts payment
from an author/funder for CC-BY licensing. It then publishes the manuscript
without CC-BY and under a more (often completely) restrictive licence. Only
the author/funder knows that the m/s should be CC-BY. Unless they publish
this information (as Wellcome Trust and some libraries did last year) the
m/s will remain closed and will continue to be resold. And early copies ,
before the discovery, will probably still circulate with "All rights
reserved". ]


-- 
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069
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