This is a repeat of one argument I made last week to focus on one argument at a time.
Either public domain or CC-BY is consistent with, and facilitates, toll access, both by the original publisher and downstream. To date the best examples I have seen of creative use of CC-BY for commercial profit-making are Elsevier's ability to incorporate such works into their toll access services such as Scopus and metadata sales, at no cost to Elsevier, and Springer's harvesting of images from CC-BY works for TA image bank (few years ago). US public domain to works created by federal employees works really well in areas where the US government itself posts the works online for free access. Published works that are public domain are often included in toll access packages. Not even PubMed has free access to all the works created by its own employees. Public domain and Creative Commons are not necessarily "free of charge". Hence if free of charge is essential to a definition of open access, neither public domain nor CC are sufficient to achieve OA. best, Heather Morrison
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