My bad, apologies to Elsevier, unless I'm having hallucination and what I see 
on Elsevier doesn't really exist [or I'm not hallucinating and this policy has 
changed], I was wrong in my interpretation yesterday.

I have cognitive dissonance between what I read here, and what I read a few 
weeks - or thought I read.

This is from: 
http://www.elsevier.com/about/policies/article-posting-policy#accepted-manuscript

The Elsevier site states clearly, and I find this quite positive, though 
somewhat inconsistent (you can self-archive to your personal webpage or to 
arXiv but not to your IR):

Accepted 
Manuscript<http://www.elsevier.com/about/open-access/open-access-policies/aam-light-box>
[AAM Light box: What is an Accepted Manuscript (AM)? This is the version of the 
manuscript of an article that has been accepted for publication and which 
typically includes any author-incorporated changes suggested through the 
process of submission, peer review and editor-author communications]
Authors can share their accepted manuscript:
Immediately

  *   via their non-commercial personal homepage or blog.
  *   by updating a 
preprint<http://www.elsevier.com/about/open-access/open-access-policies/preprint_lightbox>
 in arXiv or RePEc with the accepted manuscript.
  *   via their research institute or institutional repository for internal 
institutional uses or as part of an invitation-only research collaboration 
work-group.
  *   directly by providing copies to their students or to research 
collaborators for their personal use.
  *   for private scholarly sharing as part of an invitation-only work group on 
commercial sites with which Elsevier has an agreement.
After the embargo period

  *   via non-commercial hosting platforms such as their institutional 
repository.
  *   via commercial sites with which Elsevier has an agreement.
In all cases accepted manuscripts should:

  *   Link to the formal publication via its 
DOI<http://www.elsevier.com/about/policies/lightbox-doi>.
  *   Bear a CC-BY-NC-ND license - this is easy to do, click 
here<http://www.elsevier.com/about/open-access/lightbox_attach-a-user-license> 
to find out how.
  *   If aggregated with other manuscripts, for example in a repository or 
other site, be shared in alignment with our hosting 
policy<http://www.elsevier.com/about/policies/hosting>.
  *   Not be added to or enhanced in any way to appear more like, or to 
substitute for, the published journal article.

Alicia: is this the up-to-date policy. What arXiv but not IR?

Éric Archambault



From: goal-boun...@eprints.org [mailto:goal-boun...@eprints.org] On Behalf Of 
William Gunn
Sent: May-26-15 5:27 PM
To: Global Open Access List (Successor of AmSci)
Subject: [GOAL] Re: Elsevier: Trying to squeeze the virtual genie back into the 
physical bottle

Eric,
I'm not sure I'm reading it the same way you are, nor am I as convinced as Mike 
is that Green OA (of pre-prints & author manuscripts) is a threat to publishers.
On the first point, if you read Karen's statement as "the author version, 
including peer-review revisions is now considered to be a pre-print" this is 
indeed a advancement over the previous policy as is doing the opposite of what 
you state. They're essentially saying with this policy, as I read it, that the 
major value-add the publisher brings is the branding & the hosting of the 
version of record, because the peer review is included in the free-to-post 
preprint.
On the second point, we need data. Are there any libraries who say they will 
definitely cancel a subscription if they can find all papers from a given 
journal in a repository somewhere? What does that even mean, given that 
libraries don't buy subscriptions a la carte, but as bundles? We need data!


William Gunn
+1 (650) 614-1749
http://synthesis.williamgunn.org/about/

On Mon, May 25, 2015 at 1:41 PM, Éric Archambault 
<eric.archamba...@science-metrix.com<mailto:eric.archamba...@science-metrix.com>>
 wrote:
Stevan

The point you make is important. Elsevier HAS changed its policy and in fact 
the difference is that the peer-review process, done for free by academics, is 
now under embargo, whereas it wasn't before. So you are right to mention that 
Elsevier is backpedalling on OA. The pre-print, pre-peer-reviewed was not 
embargoed before the latest policy, and it is not with that policy either. In a 
way, Elsevier says the original contribution to knowledge that academics and 
researchers submit for publication does not belong to them, and so authors are 
free to make this available for free. Fair enough, this is paid for by public 
money (the greatest majority of it anyway).

What Elsevier says now is that the peer-review process belongs exclusively to 
Elsevier, at least during the embargo period. This is problematic as most of 
the value-added in the peer-review process is paid for by the public and income 
taxes. As Elsevier paid only between 6% of to 8% of its revenues in income 
taxes in the last two years, it can't pretend to contribute highly to paying 
the salary of academics who do that job. We do that, us the members of the 
middle-income earners as we are the most taxed of all, all over the world (as % 
of income, and certainly even more as a % of wealth as Thomas Piketty would 
notice). So basically, the peer-review process as well as the papers submitted 
to that process are largely paid for by the public, and should both remain 
public in the interest of consistency and efficiency of economic and social 
policies.

Coming to the discussion on "fair-gold", I think it is not productive given our 
most urging challenges. We don't care if companies make profit (well, I do as 
an entrepreneur as I try to produce it, and as a citizen, just like you, I do 
care about social justice and am bothered with the profits of Apple and Google 
and the fact that they barely pay taxes, but this is beside the current 
debate). The core problem with access is when companies take public goods and 
appropriate them exclusively. This is the problem with the current publishing 
system. If we switch to gold, Elsevier and others could continue to earn their 
$10-15 billion per year, and provided everything becomes widely available we 
will have tackled a huge problem of private appropriation of a public good, one 
that means that $450 billion is locked behind paywalls to generate a 
comparatively paltry $10-15 billion in revenues (a large part of it being 
profit admittedly, it's a great business model they have). The present 
situation is akin to people taking down power lines from public utilities to 
sell the copper in the wires for melting - the private rewards to social cost 
ratio is firmly against the public interest. If we switch to gold for the same 
social cost ($10-15 billion per year), we will have sorted the problem. If you 
then feel that Elsevier continues to earn exorbitant profits, you will be free 
to quit your job and compete with them by publishing honest-gold journals, 
Beall will be happy, and everyone will celebrate.

Yet, though your quest about unfair-embargoing important, there is one 
important aspect you nearly always omit as part of your exercise in vigilante. 
It is currently close to impossible for the public to monitor the "à la pièce 
gold", also frequently called "hybrid OA" that appears in subscription-based 
journals. For example, Elsevier maintains robots.txt files that preclude 
academics and companies alike from crawling its web sites to discover the gold 
articles for which the public has paid.
For example, if you do, in your browser:

http://www.sciencedirect.com/robots.txt

You discover that Elsevier mentions:

User-agent: *
Disallow: /

which means if your crawler is not on the list, you should be polite enough to 
not crawl the site.  There are currently only 15 welcome crawlers, mostly from 
large firms such as Google and Microsoft.

Elsevier is not the only one to do that, Wiley does the same, Springer also 
does it even on Springer Open and BMC. As these companies are frequently 
suspected of "double dipping" (charging for à la pièce gold, aka "hybrid OA", 
in subscription journals, and then also charging full price for subscription), 
then something is wrong especially as, as you are well aware, some governments 
mandate this type of solution to increase access. The double charging of fees 
is more of a serious problem than the fact that publishers earn profit as again 
we obtain a socially misfiring policy, short-circuited by undue private 
appropriation. Either publishers do allow robots to crawl their site so that 
people can monitor whether there is some "double dipping", or all OA is made 
available and crawlable, and generally publicly discoverable by being 
consolidated in one place. For these single OA papers to become useful, they 
have to be discovered easily, and be easy to consolidate by services such as 
Paperity, Core, [beginning of the commercial self-promotion] and our 
forthcoming 1science product which aims to make all forms of peer-reviewed OA 
articles searchable in a user-friendly, highly streamlined system [end of the 
commercial self-promotion].

Don't get me wrong, I consider your work as extremely important. Yet, you once 
told me in an email that I was conflating the high price paid for subscription 
with the access issue. You were right to note that, and I saw the light thanks 
to you. I don't care about the money so much as I care about access - I'm 
putting my money where my mouth is and developing solutions to increase access 
to peer-reviewed scientific publications. With the fool-gold discourse, you 
conflate profits and access. For the sake of switching to a more socially 
optimal position, it would be better if we did not trap publishers and bare 
them for doing a honorable exit from the currently social un-optimal model 
towards one everyone can see is clearly better for everyone, provided 
publishers can survive. We all need publishers to make the transition in their 
business model. Your suggestions amount to the near-annihilation of the 
publishers, if I were them, I wouldn't be too tempted to follow that path, and 
this is what they do at the moment, and for this I cannot blame them. We have 
to partners with the thousands of middle-income highly taxed individuals in 
these companies to ease the transition of their employers. Let's keep the 
pressure for green, support the intelligent non-doubled-dipped use of gold, 
support monitoring and more transparency. If we keep all the jobs in the 
publishing industry, then just as well, they'll be more taxpayers to pay the 
tab for the $450 billion we spend collectively on research, and on paying the 
salaries of university staff and free though conflating thinkers such as 
yourself.

Éric Archambault
President and CEO, Science-Metrix Inc.
President and CEO, 1science Inc.







From: goal-boun...@eprints.org<mailto:goal-boun...@eprints.org> 
[mailto:goal-boun...@eprints.org<mailto:goal-boun...@eprints.org>] On Behalf Of 
Stevan Harnad
Sent: May-25-15 2:24 PM
To: Global Open Access List (Successor of AmSci)
Subject: [GOAL] Elsevier: Trying to squeeze the virtual genie back into the 
physical bottle

Alicia Wise 
wrote<http://www.elsevier.com/connect/coar-recting-the-record#comment-2037996108>:

Dear Stevan,

I admire your vision and passion for green open access - in fact we all do here 
at Elsevier - and for your tenacity as your definitions and concepts of green 
open access have remain unchanged for more than 15 years. We also recognize 
that the open access landscape has changed dramatically over the last few 
years, for example with the emergence of Social Collaboration Networks. This 
refresh of our policy, the first since 2004, reflects what we are hearing from 
researchers and research institutions about how we can support their changing 
needs. We look forward to continuing input from and collaboration with the 
research community, and will continue to review and refine our policy.

Let me state clearly that we support both green and gold OA. Embargo periods 
have been used by us - and other publishers - for a very long time and are not 
new. The only thing that's changed about IRs is our old policy said you had to 
have an agreement which included embargos, and the new policy is you don't need 
to do an agreement provided you and your authors comply with the embargo period 
policy. It might be most constructive for people to just judge us based on 
reading through the policy and considering what we have said and are saying.

With kind wishes and good night,
Alicia Wise, Elsevier


Dear Alicia,

You wrote:

"This refresh of our policy [is| the first since 2004... Embargo periods have 
been used by us... for a very long time and are not new. The only thing that's 
changed about IRs is our old policy said you had to have an agreement which 
included embargos..."

Is this the old policy that hasn't changed changed since 2004 (when Elsevier 
was still on the "side of the angels<http://j.mp/OAngelS>" insofar as Green OA 
was concerned) until the "refresh"? (I don't see any mention of embargoes in 
it...):

Date: Thu, 27 May 2004 03:09:39 +0100
From: "Hunter, Karen (ELS-US)"
To: "'harnad_at_ecs.soton.ac.uk<http://harnad_at_ecs.soton.ac.uk>'"
Cc: "Karssen, Zeger (ELS)" , "Bolman, Pieter (ELS)" , "Seeley, Mark (ELS)"
Subject: Re: Elsevier journal list

Stevan,

[H]ere is what we have decided on post-"prints" (i.e. published articles, 
whether published electronically or in print):

An author may post his version of the final paper on his personal web site and 
on his institution's web site (including its institutional respository). Each 
posting should include the article's citation and a link to the journal's home 
page (or the article's DOI). The author does not need our permission to do 
this, but any other posting (e.g. to a repository elsewhere) would require our 
permission. By "his version" we are referring to his Word or Tex file, not a 
PDF or HTML downloaded from ScienceDirect - but the author can update his 
version to reflect changes made during the refereeing and editing process. 
Elsevier will continue to be the single, definitive archive for the formal 
published version.

We will be gradually updating any public information on our policies (including 
our copyright forms and all information on our web site) to get it all 
consistent.

Karen Hunter
Senior Vice President, Strategy
Elsevier
+1-212-633-3787<tel:%2B1-212-633-3787>
k.hunter_at_elsevier.com<http://k.hunter_at_elsevier.com>

Yes, the definition of authors providing free, immediate online access (Green 
OA self-archiving) has not changed since the online medium first made it 
possible. Neither has researchers' need for it changed, nor its benefits to 
research.

What has changed is Elsevier policy -- in the direction of trying to embargo 
Green OA to ensure that it does not Elsevier's current revenue levels at any 
risk.

Elsevier did not try to embargo Green OA from 2004-2012 - but apparently only 
because they did not believe that authors would ever really bother to provide 
much Green OA, nor that their institutions and funders would ever bother to 
require them to provide it (for its benefits to research).

But for some reason Elsevier is not ready to admit that Elsevier has now 
decided to embargo Green OA purely to ensure that it does put Elsevier's 
current subscription revenue levels at any risk.

Instead, Elsevier wants to hold OA hostage to its current revenue levels -- by 
embargoing Green OA, with the payment of Fools-Gold 
OA<https://www.google.ca/search?num=20&q=site%3Ahttp%3A%2F%2Fopenaccess.eprints.org+%22fools+gold%22&oq=site%3Ahttp%3A%2F%2Fopenaccess.eprints.org+%22fools+gold%22&gs_l=serp.3...339136.344145.0.345749.12.12.0.0.0.0.217.856.11j0j1.12.0.ckpsrh...0...1.1.64.serp..12.0.0._lRkTp5SLmk>
 publication fees the only alternative for immediate OA. This ensures that 
Elsevier's current revenue levels either remain unchanged, or increase.

But, for public-relations reasons, Elsevier prefers to try to portray this as 
all being done out of "fairness," and to facilitate "sharing" (in the spirit of 
OA).

The "fairness" is to ensure that no institution is exempt from Elsevier's Green 
OA embargoes.

And the "sharing" is the social sharing services like 
Mendeley<http://www.elsevier.com/online-tools/mendeley> (which Elsevier owns), 
about which Elsevier now believes (for the time being) that authors would not 
bother to use enough to put their current revenue levels at risk (and their 
institutions and funders cannot mandate that they use them) -- hence that that 
they would not pose a risk to Elsevier's current subscription revenue levels.

Yet another one of the "changes" with which Elsevier seems to be trying to 
promote sharing seems to be by trying to find a way to outlaw the institutional 
repositories' "share 
button<http://www.elsevier.com/about/policies/hosting#non-commercial-platforms>"
 (otherwise known as the "Fair-Dealing" 
Button<http://eprints.ecs.soton.ac.uk/18511/>).

So just as Elsevier is trying to claim credit for "allowing" authors to do 
"dark" (i.e., embargoed, non-OA) deposits, for which no publisher permission 
whatsoever is or ever was required, Elsevier now has its lawyers scrambling to 
find a formalizable way to make it appear as if Elsevier can forbid its authors 
to provide individual reprints to one another, as authors have been doing for 
six decades, under yet another new bogus formal pretext to make it appear 
sufficiently confusing and threatening to ensure that the responses to Elsevier 
author surveys (for its "evidence-based policy") continue to be sufficiently 
perplexed and meek to justify any double-talk in either Elsevier policy or 
Elsevier PR.

The one change in Elsevier policy that one can applaud, however (though here 
too the underlying intentions were far from benign), is the CC-BY-NC-ND 
license<http://www.elsevier.com/about/policies/article-posting-policy#accepted-manuscript>
 (unless Elsevier one day decides to back-pedal on that too too). That license 
is now not only allowed but required for any accepted paper that an author 
elects to self-archive.

Let me close by mentioning a few more of the howlers that keep making 
Elsevier's unending series of arbitrary contractual bug-fixes logically 
incoherent (i.e., self-contradictory) and technically nonsensical, hence moot, 
unenforceable, and eminently ignorable for anyone who takes a few moments to 
think instead of cringe. Elsevier is trying to use pseudo-legal words to 
squeeze the virtual genie (the Web) back into the physical bottle (the old, 
land-based, print-on-paper world):

Locus of deposit: Elsevier tries to make legal distinctions on "where" the 
author may make their papers (Green) OA on the Web: "You may post it here but 
not there." "Here" might be an institutional website, "there" may be a central 
website. "Here" might be an institutional author's homepage, "there" might be 
an institutional repository.

But do Elsevier's legal beagles ever stop to ask themselves what this all 
means, in the online medium? If you make your paper openly accessible anywhere 
at all on the web, it is openly accessible (and linkable and harvestable) from 
and to anywhere else on the Web. Google and google scholar will pick up the 
link, and so will a host of other harvesters and indexers. And users never go 
to the deposit site to seek a paper: They seek and find and link to it via the 
link harvesters and indexers. So locus restrictions are silly and completely 
empty in the virtual world.

The silliest of all is the injunction that "you may post it on your 
institutional home page but not your institutional repository." What nonsense! 
The institutional home page and the institutional repository are just tagged 
disk sectors and software functions, of the self-same institution. They are 
virtual entities, created by definition; one can be renamed as the other at any 
time. And their functionalities are completely swappable or integrable too. 
That too is a feature of the virtual world.

So all Elsevier is doing by treating these virtual entities as if they were 
physical ones (besides confusing and misleading their authors) is creating 
terminological nuisances, forcing system administrators to keep re-naming and 
re-assigning sectors and functions, needlessly, and vacuously, just to 
accommodate vacuous nuisance terminological stipulations.

(The same thing applies to "systematicity" and "aggregation," which I notice 
that Elsevier has since dropped as futile: The attempt had been to outlaw 
posting where the contents of a journal were being systematically aggregated, 
by analogy with a rival free-riding publisher systematically gathering together 
all the disparate papers in a journal so as to re-sell them at a cut-rate. Well 
not only is an institution no free-rising aggregator: all it is gathering its 
own paper output, published in multiple disparate journals. But, because of the 
virtual nature of the medium, it is in fact the Web itself that is 
systematically gathering all disparate papers together, wherever they happen to 
be hosted, using their metadata tags: author, title, journal, date, URL. The 
rest is all just software functionality. And if the full-text is out there, 
somewhere, anywhere, and it is OA, then there is no way to stop the rest of 
this very welcome and useful functionality.)

The Arxiv exception. In prior iterations of the policy, Elsevier tried 
(foolishly) to outlaw central deposit. They essentially tried to tell authors 
who had been making their papers OA in Arxiv since 1991 that they may no longer 
do that. Well, that did not go down very well, so those "legal" restrictions 
have now been replaced by the "Arxiv exception": Authors making their papers OA 
there (or in RePeC) are now officially exempt from the Elsevier OA embargo.

Well here we are again: an arbitrary Elsevier restriction on immediate-OA, 
based on locus of deposit. The Pandora's box that this immediately opens is 
that all a mandating institution need do in order to detoxify Elsevier's OA 
embargo completely is to mandate immediate (dark) deposit of all institutional 
output in the institutional repository alongside remote deposit in Arxiv (which 
is already automated through the SWORD 
software<http://arxiv.org/help/submit_sword>). That completely moots all 
Elsevier OA embargoes. Yet another example of Elsevier's ineffectual nuisance 
stipulations consisting of ad-hoc, pseudo-legal epicycles, all having one sole 
objective: to try to scare authors of doing anything that might possibly pose a 
risk to Elsevier's current revenue streams, using any words that will do the 
trick, even if only for a while, and even if they make no sense.

What's next, Elsevier? "You may use this software but not this software"?

The Share Button. Although it never defines what it means by "Share Button" 
(nor why it is trying to outlaw it), if what Elsevier means is the 
Institutional Repository's copy-request 
Button<https://wiki.duraspace.org/display/DSPACE/RequestCopy>, intended to 
provide individual copies to individual copy-requestors, then this too is just 
a software-facilitated eprint request.

Whenever a user seeks an embargoed deposit, they can click the Button to send 
an email to the author to request a copy. The author need merely click a link 
in the email to authorize the software to send the copy.

So does Elsevier now want to make yet another nuisance stipulation, so the 
Button cannot be called a "Share Button," so instead the name of the author of 
the embargoed paper has to be made into an email link that notifies the author 
that the requestor seeks a copy, with the requestor's email alive, and 
clickable, so that inserting the embargoed paper's URL will attach one copy to 
the email?

Elsevier is not going to make many friends by trying to force its authors to do 
jump through gratuitous hoops in order to accommodate Elsevier's ever more 
arbitrary and absurd attempts to contain the virtual ether with arbitrary 
verbal hacks.

There are more. There are further nuisance tactics in the current iteration of 
Elsevier's charm initiative, in which self-serving restrictions keep being 
portrayed as Elsevier's honest attempts to facilitate rather than hamper 
sharing. One particularly interesting one that I have not yet deconstructed 
(but that the attentive reader of the latest Elsevier documentation will have 
detected) likewise moots all Elsevier OA embargoes even more conveniently than 
depositing all papers in Arxiv -- but I leave that as an exercise to the reader.

So Alicia, if Elsevier "admires [my] vision," let me invite you to consult with 
me about present and future OA policy conditions. I'll be happy to share with 
you which ones are logically incoherent and technically empty in today's 
virtual world. It could save Elsevier a lot of futile effort and save Elsevier 
authors from a lot of useless and increasingly arbitrary and annoying 
nuisance-rules.

Best wishes,

Stevan Harnad
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