Thanks Laurent and Jean-Francois for the explanation. I hadn't quite realised 
that the bill is yet to be passed and could be redrafted - so I appreciate the 
summary.

Have a good weekend!

Andrew

From: goal-boun...@eprints.org [mailto:goal-boun...@eprints.org] On Behalf Of 
Laurent Romary
Sent: 30 October 2015 12:01
To: Global Open Access List (Successor of AmSci) <goal@eprints.org>
Subject: [GOAL] Re: France's Digital Republic bill and OA

Hi Andrew,
It is very difficult to comment on a process where a variety of voices have 
heard and the final decision is still to be made (ministry, than 
parliamentary), but yes, article 9 has been the focus of attention for the 
research community:
- the initial draft was rather publisher friendly with long embargoes (12 - 24) 
and prevention of commercial re-use
- the community at large has pushed dramatically reduce embargoes (amendment by 
CNRS) and even suggest that we should get rid of them (amendment di Cosmo) or 
leave the author’s manuscript free of any constraint (Inria)
- there is an attempt to re-introduce an exemption for TDM which had disappear 
between an early draft of the law and the one made available for public 
consultation
It seems that the community has been heard and that we may have a more 
favorable draft at the next stage.
Still, the important aspect related to this law is that it made many of use 
read thoughtfully the Code de la Propriété Intellectuel and converge on the 
idea that it is not allowing any kind of non remunerated (exclusive) copyright 
transfer. Quick some good news for French scholars who have been forced to sign 
such (illegal) CTA.
Have a good week-end,
Laurent


Le 30 oct. 2015 à 11:31, Andrew Hyde 
<ah...@cambridge.org<mailto:ah...@cambridge.org>> a écrit :

Hi all,

My first time posting a question to the GOAL list. I wondered if anyone in 
France or familiar with the Digital Republic bill (Republique Numerique) could 
tell me a bit more about its implications for OA to French publicly funded 
research (eg. CNRS).

I've read a bit about the bill in English and have run some things through 
Google Translate, now regretting my poor attention in French class in secondary 
school. The news articles I've 
read<http://www.networkworld.com/article/2995978/opensource-subnet/france-votes-to-expand-open-source-use.html>
 make it sounds like a laudable process, open to public consultation on the 
Internet, with some popular propositions to reduce proprietary software in 
schools and universities in favour of Linux/GNU, as well as proposals to 
protect privacy of personal data and encryption.

Article 9 concerns Open 
Access<https://www.republique-numerique.fr/consultations/projet-de-loi-numerique/consultation/consultation/opinions/section-2-travaux-de-recherche-et-de-statistique/article-9-acces-aux-travaux-de-la-recherche-financee-par-des-fonds-publics/versions/une-duree-d-embargo-plus-courte-ne-pas-entraver-le-tdm-fouille-de-texte-et-de-donnees-et-ne-pas-interdire-une-exploitation-commerciale>
 to public research.

I've read contradictory statements about what the bill proposes in terms of 
embargoes for Green archiving. This SciELO blog post (October 
9)<http://blog.scielo.org/en/2015/10/09/france-prepares-bill-to-regulate-open-access/>
 suggests that the bill proposes that publicly funded research should be made 
publicly accessbile without embargo; whereas the statements and annotations of 
the article on the Republique Numerique 
website<https://www.republique-numerique.fr/consultations/projet-de-loi-numerique/consultation/consultation/opinions/section-2-travaux-de-recherche-et-de-statistique/article-9-acces-aux-travaux-de-la-recherche-financee-par-des-fonds-publics/versions/une-duree-d-embargo-plus-courte-ne-pas-entraver-le-tdm-fouille-de-texte-et-de-donnees-et-ne-pas-interdire-une-exploitation-commerciale>
 suggest that there was an original proposal of an embargo of 12 months for STM 
and 24 months for HSS, which has now been modified to 6 and 12 months 
respectively. I've read one or two comments on Twitter this morning suggesting 
that the embargo periods are still very much under discussion.

The SciELO blog also suggests that there are provisions to encourage text and 
data mining and to end the exclusive transfer of copyright of publicly funded 
research and data to publishers. I haven't found much detail on these or any 
support for Gold.

I'd be interested to know what the view is on the OA article amongst the OA 
community in France and also what people have made of the process to establish 
digital rights. I remember that Brazil went through a similar process with a 
Digital Rights bill last 
year<https://www.indexoncensorship.org/2014/06/brazil-new-global-internet-referee/>,
 of course following on from the Snowdon revelations which had a big impact in 
Brazil, much of which was weakened by the time it got into law.

Many thanks for any information you can provide me…

Andrew Hyde
Development Editor (Open Access)
+44 (0)1223 326031 | @andrewchyde<https://twitter.com/andrewchyde>

Cambridge University Press
University Printing House, Shaftesbury Road, Cambridge, CB2 8BS




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Laurent Romary
INRIA
laurent.rom...@inria.fr<mailto:laurent.rom...@inria.fr>








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