[GOAL] Re: France's Digital Republic bill and OA

[BAUIN Serge]

Hi,

There is still one piece missing (well… in fact quite many, the bill is still 
on its way. Missing as of the consultation phase.).
On Friday the 16th, after a 24h notice, a brainstorming meeting (called 
GouvCamp) has taken place in Paris (too bad for those not being in Paris or 
around) to discuss 6 of the 30 or articles of the bill.
The 6 were those most discussed on the « République Numérique » web site. There 
were, of course, 6 workshops, one of them on article 9.
The Minister for Digital Affairs Axelle 
Lemaire<https://en.wikipedia.org/wiki/Axelle_Lemaire> came for the wrap up. She 
heard all six oral summaries and returned what she had heard to the audience.
A written summary in 8 
points<https://www.republique-numerique.fr/projects/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/compte-rendu-du-groupe-gouv-camp-article-9>
 from the rapporteur of our group about article 9 was posted Sunday evening as 
a sort of last contribution to the web consultation.
I have no translation of this summary, sorry for Andrew (and 80% or so of our 
readers, I guess…).
Sorry for that.

So, what’s going on now?
Ha!
We’ll see ;-)

Cheers

Serge

De : Andrew Hyde <ah...@cambridge.org<mailto:ah...@cambridge.org>>
Répondre à : Global List <goal@eprints.org<mailto:goal@eprints.org>>
Date : Fri, 30 Oct 2015 17:59:08 +0100
À : Global List <goal@eprints.org<mailto:goal@eprints.org>>
Objet : [GOAL] Re: France's Digital Republic bill and OA

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> 
[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<mailto: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

[GOAL] Re: France's Digital Republic bill and OA

[NOMINE, Jean-Francois]

Dear Goal Members,

To help the discussion about the said Digital Republic Bill, here is a 
translation of article 9 in its original form:
 Article 9 - Open access to the scientific publications of government-funded 
research
A new article L. 533-4 is inserted into chapter 3, title 3, book V of the Code 
of Research as follows:
«Art. L. 533-4 -
I. When a written work, resulting from research supported by at least 50 % 
public funds, is published in a periodical or in a publication appearing at 
least once a year, or in congress or conference proceedings, its author, even 
if transferring their full rights to a publisher, shall be entitled to make the 
latest version of their manuscript accepted by the publisher available free of 
charge in a digital form, subject to the rights of possible co-authors and with 
the exception of the formatting work pertaining to the publisher, after a 
period of twelve months in science, technology and medecine and twenty four 
months in humanities and social sciences from its first date of publication. 
Such availability shall not entitle to any commercial exploitation.
« II. - The provisions of this article are public policy provisions and all 
provisions to the contrary shall be deemed unwritten. They shall not apply to 
current contracts.»

Many and prominent members of the scientific community came up with proposing 
shorter embargo periods among others and free access to publications for text 
and data mining.

In my view, it was felt that pressure from publishing circles had watered down 
much of the affirmative official attitude initially inclining to greater 
openness, including TDM as in neighboring countries.

Hoping this will help discussions and answer the other items in Andrew Hyde's 
message. I am sure that other French members will provide further and finer 
insights.

Best regards,

Jean-François Nominé - CNRS





De : goal-boun...@eprints.org [mailto:goal-boun...@eprints.org] De la part de 
Andrew Hyde
Envoyé : vendredi 30 octobre 2015 11:31
À : goal@eprints.org
Objet : [GOAL] France's Digital Republic bill and OA

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
 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
 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)
 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
 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 

[GOAL] Re: France's Digital Republic bill and OA

[Laurent Romary]

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  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 
> 
>  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 
> 
>  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) 
> 
>  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 
> 
>  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 
> ,
>  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 
>  
> Cambridge University Press
> University Printing House, Shaftesbury Road, Cambridge, CB2 8BS
>  
>  
>  
>  
> Cambridge University Press is the publishing business of the University of 
> Cambridge with VAT registered number GB 823 8476 09.  Our principal office is 
> at 

[GOAL] Re: France's Digital Republic bill and OA

[Andrew Hyde]

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 p