Re: Open Access vs. NIH Back Access and Nature's Back-Sliding

2005-07-22 Thread Stevan Harnad
The (anonymized) query below concerning Wiley's NIH policy is in error,
so I am preceding it by a correction:

(1) The new Wiley NIH policy below is specific to Wiley's compliance
with the NIH public access policy, which invites NIH fundees to
deposit their NIH-funded papers in PubMed Central (PMC) -- a third
party central archive (i.e., neither the author's institutional
archive nor the publisher's archive).

(2) The Wiley NIH policy is to deposit the author's paper in PMC on
the author's behalf.

(3) The Wiley NIH policy has no bearing whatsoever on 1st-party
self-archiving by the author in the author's own institutional
repository; Wiley's policy on immediate author/institution
self-archiving is and continues to be green:

http://romeo.eprints.org/publishers/45.html
http://www.sherpa.ac.uk/romeo.php#45

Just as it would be a good idea if publishers were to refrain from
speculating about doomsday scenarios (about catastrophic cancellations
as a result of self-archiving) for which there is zero positive evidence
and against which there is a good deal of negative evidence,

http://eprints.ecs.soton.ac.uk/11006/
http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/3777.html

it would be a good idea if librarians and OA advocates were to refrain
from speculating about sinister scenarios involving NIH-inspired publisher
back-sliding on self-archiving policy, for which there is and continues to
be exactly *one* single isolated example -- Nature Publishing Group -- and
even that merely a case of back-sliding from a postprint full-green policy
to a preprint pale-green policy (which is of next to no consequence,
as one can have 100% OA with corrected preprints).

http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/4312.html
http://www.eprints.org/self-faq/#32.Poisoned

Author/institution self-archiving is and always was the 100% certain
path to 100% OA. 100% self-archiving is (and always was) completely
within the hands of the research community. And it is unstoppable. The
fact that we are not there yet is definitely not the fault of publishers
but of the sluggishness and slow-wittedness of the research community
(which is also it's primary beneficiary).

But it does look as if we are coming to our senses at last... The RCUK
policy may prove to be the decisive step.

http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/4611.html

Stevan Harnad

List-Post: goal@eprints.org
List-Post: goal@eprints.org
Date: Thu, 21 Jul 2005 12:12:15 +0100
To: american-scientist-open-access-fo...@listserver.sigmaxi.org
From: [identity deleted]
Subject: Wiley Publishers deposit in PMC

Stevan

This could be a way of publishers encouraging authors not to deposit -
ie the publisher will do it, but creates an embargo because it appears
that the publisher deposited article will not be available until 12
months after publication? Do you know if other publishers are following
this policy?

[identity deleted]

The National Institutes of Health Public Access Initiative

Response and Guidance for Journal Editors and Contributors

Notice of Wiley's Compliance with NIH Grants and Contracts Policy

Recently, the National Institutes of Health (NIH) has requested that its
grantees submit copies of manuscripts upon their acceptance for publication
to PubMedCentral (PMC), a repository housed within the National Library of
Medicine..

On behalf of our authors who are also NIH grantees, Wiley will deposit in
PMC at the same time that the article is published in our journal the
peer-reviewed version of the author's manuscript. Wiley will stipulate that
the manuscript may be available for public access in PMC 12 months after
the date of publication.

By assuming this responsibility, Wiley will ensure that authors are in
compliance with the NIH request, as well as make certain the appropriate
version of the manuscript is deposited.

When an NIH grant is mentioned in the Acknowledgments or any other section
of a manuscript, Wiley will assume that the author wants the manuscript
deposited into PMC, unless the author states otherwise. The author can
communicate this via email, or a note in the manuscript. The version of the
manuscript that Wiley sends to PMC will be the accepted version, i.e. the
version that the journal's Editor-in-Chief sends to Wiley for publication.

Wiley will notify the author when the manuscript has been sent to PMC.

Because Wiley is taking the responsibility for sending the manuscripts to
PMC, in order to ensure an orderly process, authors should not deposit
Wiley articles to PMC themselves. Authors should not make corrections to
their Wiley-deposited manuscripts in PMC.

Wiley reserves the right to change or rescind this policy.

For further information, please get in touch with your editorial contact at
Wiley, or see the http://www.nih.gov/about/publicaccess/NIH Policy on
Public Access.


Re: Open Access vs. NIH Back Access and Nature's Back-Sliding

2005-02-05 Thread Brian Simboli

Thanks for your comments.
In [ ] are replies below.
A general point: even if the subscription overlay is not the best or
most economically viable model, this does not mean that some other
overlay design is not desirable. Also, my critique of the faults of the
green approach, as expressed in various venues, does not ride on the
viability of the subscription overlay model. One thing is pretty clear
so far: librarians as a group are not likely to be enamored with this
approach, which (along with the other considerations thus far expressed)
is one reason why it is unlikely to succeed. The NIH and Nature events
have signalled the final death-knell of the green approach, in any case,
imho.
Brian Simboli

Tim Brody wrote:


Brian Simboli wrote:


(Worries that
people will merely use OAIster or google to bring up all the articles
for a given issue can be circumvented if the journal title is suppressed
in the metadata for the freely available article.)



This wouldn't help citation linking, which is already pretty patchy.
Anyway, I think you'll find autonomous services already get around
missing metadata through triangulation!



[Re. citation linking: SFX works for access to both for pay (part of
subscriptions) and not for pay
articles. Can you elaborate here? I guess I'm not seeing the argument.
If the argument is that citation linking would only work for access to
the material as linked off the subscription table of contents, then that
seems no problem. No different from the way things are done now, right?
Re. triangulation, I take it the argument here is that an autonomous
service could perhaps do this and artificially create a table of
contents that would compete
commercially with the subscription-based table of contents.  However,
some possible rejoinders are:
i.  suppress not just the journal title, but also most other information
that would enable the triangulation. Perhaps just the author's name
would be left?
ii.  again, I've argued that institutions may be willing to pay for
value-added features of the publisher's website, not just access to
table of contents. Even if an autonomous service did what you mention,
there is no guarantee that they could provide these value-added services
in quite the way the publisher would.
iii.  even if there were these autonomous services doing triangulation,
would institutions rather pay them than pay for the direct access from
the publisher's table of content? It would get down to pricing, and as
I've argued, the subscription overlay model would force pricing to be
low, by its design. It would not be a commercial enterprise, but rather
a cost recovery one.]



Interestingly, aren't the physics societies right now partially
committed to something like a de facto subscription overlay model, in
that many physics peer-reviewed postprints are being archived on
arxiv.org and are therefore freely accessible? Why shouldn't the physics
socieities then just directly link to the postprints at arxiv.org,
obviating the need for authors to engage in duplicative, afterglow
self-archiving efforts?  Or is it the case that, if only a portion of
articles published by the physics societies have self-archived
counterparts on arxiv, the tipping point has not been reached yet
where it becomes not in their economic interest to allow access to a
free copy (via author self-archiving)?



I believe that some physics societies will accept *submissions* from a
pre-print server, but it's not the case that the publisher version gets
pushed back onto an e-print server (unless the author has permission and
does that himself, which I haven't noticed).



[This is just an argument for the subscription overlay publisher working
closely with
the likes of arxiv, to push the publisher version onto the e-print
server. The model may
require changes in the way things have been done in the past, but these
changes don't seem
overwhelmingly daunting.]



Searching for referee in arXiv finds only ~1000 matches, referee or
corrected only 37,000. So, perhaps:
1) Physicists don't need to make corrections (so only the pre-print is
arXived)
2) Only the post-refereed version gets archived
3) Physicists don't provide a comment when they do update to reflect
referee's comments


[Can you elaborate on how this constitutes a critique of the
subscription overlay model?]



See also Alma Swan's presentation
http://www.eprints.org/jan2005/ppts/swan.ppt).

All the best,
Tim.


Alma Swan wrote:


In recent days there has been some discussion as to whether NIH's
retreat
may in fact be due to a fear of adverse effects on the scholarly
publishing
industry if immediate self-archiving were to be mandated by NIH for its
grantholders
(http://www.earlham.edu/~peters/fos/newsletter/02-02-05.htm).
And, certainly, the Nature Publishing Group appears to be changing its
policy on self-archiving. It is not easy to follow NPG's arguments
so far
because they are rather complicated, but it appears to be suggesting
that it
is aiding Open Access 

Re: Open Access vs. NIH Back Access and Nature's Back-Sliding

2005-02-05 Thread Stevan Harnad
Brian Simboli wrote:

 One thing is pretty clear so far: librarians as a group are not likely
 to be enamored with this approach, which... is one reason why it is
 unlikely to succeed. The NIH and Nature events have signalled the final
 death-knell of the green approach...

I am not sure how representative this view is of the librarian community,
but I suggest that everyone stay tuned to see whether Brian's optimistic
prediction proves true.

In the meantime, I would add only that what matters is not whether
or not (some) librarians (or publishers) are enamored of the green
self-archiving approach, but whether or not the actual content-providers
-- the researchers, plus their employers and funders -- are.

So I suggest that speculations about hypothetical overlay journals as well
as impending death be redirected to some of the other lists currently
discussing these matters, leaving the American Scientist Open Access
Forum to focus on evidence-based practical strategy for reaching 100% OA
as soon as possible:

Re: New policy of combining one-on-one postings (April 2004)
http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/3721.html

The American Scientist Open Access Forum is the oldest and most
active of the Open Access (OA) lists. It is the locus where most of
the topics being widely discussed today first arose -- as attested
to by the long-standing subject-threads attached to them.

http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/subject.html

I would like to propose that henceforth OA-to-OA postings that
are not likely to be of interest to policy-makers at universities,
research institutions, and research-funding agencies might better
be directed to one of the other OA lists...

Let us try to reserve the American Scientist Open Access Forum for
substantive policy-relevant matters with a view to hastening and
facilitating OA worldwide.

Stevan Harnad


Re: Open Access vs. NIH Back Access and Nature's Back-Sliding

2005-02-04 Thread Tim Brody

Brian Simboli wrote:


(Worries that
people will merely use OAIster or google to bring up all the articles
for a given issue can be circumvented if the journal title is suppressed
in the metadata for the freely available article.)


This wouldn't help citation linking, which is already pretty patchy.
Anyway, I think you'll find autonomous services already get around
missing metadata through triangulation!


Interestingly, aren't the physics societies right now partially
committed to something like a de facto subscription overlay model, in
that many physics peer-reviewed postprints are being archived on
arxiv.org and are therefore freely accessible? Why shouldn't the physics
socieities then just directly link to the postprints at arxiv.org,
obviating the need for authors to engage in duplicative, afterglow
self-archiving efforts?  Or is it the case that, if only a portion of
articles published by the physics societies have self-archived
counterparts on arxiv, the tipping point has not been reached yet
where it becomes not in their economic interest to allow access to a
free copy (via author self-archiving)?


I believe that some physics societies will accept *submissions* from a
pre-print server, but it's not the case that the publisher version gets
pushed back onto an e-print server (unless the author has permission and
does that himself, which I haven't noticed).

Searching for referee in arXiv finds only ~1000 matches, referee or
corrected only 37,000. So, perhaps:
1) Physicists don't need to make corrections (so only the pre-print is
arXived)
2) Only the post-refereed version gets archived
3) Physicists don't provide a comment when they do update to reflect
referee's comments

See also Alma Swan's presentation
http://www.eprints.org/jan2005/ppts/swan.ppt).

All the best,
Tim.


Alma Swan wrote:


In recent days there has been some discussion as to whether NIH's retreat
may in fact be due to a fear of adverse effects on the scholarly
publishing
industry if immediate self-archiving were to be mandated by NIH for its
grantholders
(http://www.earlham.edu/~peters/fos/newsletter/02-02-05.htm).
And, certainly, the Nature Publishing Group appears to be changing its
policy on self-archiving. It is not easy to follow NPG's arguments so far
because they are rather complicated, but it appears to be suggesting
that it
is aiding Open Access by moving from allowing immediate self-archiving by
authors in their institutional repositories to allowing it only after a
period of six months post-publication of an article. The logic of this is
not at all clear. It would be very helpful if NPG would clearly
explain the
causal inferences and its policy but one has to infer that NPG has
apprehensions about a possible adverse effect of self-archiving upon its
business.

Many publishers, particularly some learned societies, share these
apprehensions and that is perfectly understandable if they base their
view
of the future on imaginings rather than on actual evidence.

In the case of self-archiving, there is absolutely no need for this
sort of
self-terrorising. The experiment has been done and the results are
clear-cut. Fourteen years ago the arXiv was set up (www.arxiv.org). It
houses preprints and postprints in physics, predominantly in the areas of
high-energy physics, condensed matter physics and astrophysics. It is the
norm for researchers in these areas to post their articles either
before or
after refereeing to this repository. In 2003, the 421 physics journals
listed in ISI's SCI published a total of 116,723 articles. The arXiv
receives approximately 42,000 articles per annum, meaning that around a
third of all physics research articles appear not only in journals but
ALSO
in the arXiv.

Have physics publishers gone to the wall in the last 14 years?  No,
and not
only have they continued to survive, they have also continued to
thrive. I
have recently asked questions about this of two of the big learned
society
publishers in physics, the American Physical Society in the US and the
Institute of Physics Publishing Ltd in the UK. There are two salient
points
to note:
1. Neither can identify any loss of subscriptions to the journals that
they
publish as a result of the arXiv.
2. Subscription attrition, where it is occurring, is the same in the
areas
that match the coverage of the arXiv as it is across any other areas of
physics that these societies publish in.

Both societies, moreover, see actual benefits for their publishing
operations arising from the existence of arXiv. The APS has cooperated
closely with arXiv including establishing a mirror (jointly with
Brookhaven
National Laboratory)... We also revised our copyright statement to be
explicitly in favor of author self-archiving. These efforts strengthened
(rather than weakened) Physical Review D [an APS journal that covers
high-energy physics] ...I would say it is likely we maintained
subscriptions
to Physical Review D that we may otherwise have lost if we hadn't been so

Re: Open Access vs. NIH Back Access and Nature's Back-Sliding

2005-02-02 Thread Michael Carroll
Can someone please explain this NIH override, what it applies to, and
when it
takes effect?

I don't want to speculate about a policy that has not been adopted yet.
 But here's a little copyright clarification.

Copyright starts in the hands of the author.  As part of an NIH grant
agreement, the author grants to NIH a non-exclusive license to publish,
reproduce or otherwise use any copyrighted works, including research
articles, that are produced with the funding.

When an author signs a copyright transfer agreement with the publisher,
the publisher takes the copyright subject to NIH's license.

The NIH policy debate is over how NIH should use *its* license to
publish, reproduce or otherwise use the articles produced with its
funding.

Best,
MC

Michael W. Carroll
Associate Professor of Law
Villanova University School of Law
299 N. Spring Mill Road
Villanova, PA 19085
610-519-7088 (voice)
610-519-5672 (fax)
Research papers at
http://ssrn.com/author=330326

See also www.creativecommons.org


Re: Open Access vs. NIH Back Access and Nature's Back-Sliding

2005-01-31 Thread Stevan Harnad
Ray English wrote:

 In response to Stevan Harnad's comment below, I think it's important
 to note that the revised NIH policy (as best we can determine it,
 since it hasn't been officially announced yet) is actually closer to
 OA than the policy that NIH vetted earlier. As Peter Suber noted in
 an earlier message today, It gives the researcher control over when
 the article will be made openly accessible, without having to
 request permission from the publisher.

Please consider the logic underlying this inference:

Either the author (1) did or (2) did not have to request permission
from the publisher to make his own article OA (by self-archiving it)
before there was any NIH policy.

(1) If the author did not have to request permission from the publisher
to make his own article OA (by self-archiving it) previously, then the
author does not have to request permission subsequently, and the NIH policy
is neither here nor there.

(2) If the author did have to request permission from the publisher
to make his own article OA (by self-archiving it) previously, then
the author would still have to request permission subsequently (since
presumably NIH cannot grant permission on the part of the publisher),
and hence again the NIH policy is neither here nor there.

What is true is that the NIH had added an extra, unnecessary and
counterproductive complication to the process of trying to make the
author's own article OA (by self-archiving it) -- by insisting that it
must be self-archived in PubMed Central. For that, one does indeed have
to ask permission -- but not from the publisher: from NIH! So the new
(proposed) NIH policy differs from the old one only in that NIH has
over-ridden its own prior refusal to grant the author the permission to
self-archive in NIH's own archive, PubMed Central, prior to 6 months after
publication!

A Simple Way to Optimize the NIH Public Access Policy
http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/4091.html

This is a rather circular and empty gain, since there is no particular reason 
that
an author should want to make his article Open Access by self-archiving it in
PubMed Central at all -- except that that is what NIH happens to be
specifically bidding him to do (for no good reason). The author could have
self-archived it in his own institutional archive all along, from day 1, with or
without NIH's permission, and with the blessing of 92% of journals:

http://romeo.eprints.org/stats.php

So the new NIH policy is only closer to OA in the sense that it is
less-far than it had itself arbitrarily distanced itself from OA in
the first place. And it is still nowhere near OA. Nor has it given
the researchers more control over anything except their ability to
fulfill NIH's own arbitrary stipulations (about PubMed Central), which
have nothing whatsoever to do with OA (and instead make OA more unlikely).

 Authors have the clear option to make their work openly accessible
 immediately at the time of publication.

Authors had that option all along, irrespective of NIH: The NIH policy had been
intended to induce them to *use* that option; instead, it added further
constraints, then removed some of them, without inducing the author to provide 
OA
at all. (By the way, OA, by definition, can only be provided immediately; 
delayed
access is not Open Access but Back Access.)

 (The policy also calls for articles that are deposited to become openly
 accessible after 12 months, if the author did not choose earlier open
 access.)

The idea had been to induce authors to provide OA (the OA that they were
already able to provide if they chose, without NIH, but they were
not yet choosing to). Instead, the NIH policy would induce them to provide 
access
within 12 months, and in PubMed Central. The result is not only a policy
that would not induce authors to provide OA, but it would induce publishers 
(and already has) to renege on giving authors the green light to
provide OA by immediate self-archiving, back-sliding instead to Back Access --
in the name of NIH, in the service of OA!

 I think it remains to be seen if this will turn out to be better or worse
 than the original NIH proposal that had a six-month delay, with earlier
 open access only with permission of the publisher.

Both versions are bad, but whether increasing the needless delay from
6-12 offsets NIH's initial needless and arbitrary refusal to allow
self-archiving in PubMed Central before 6 is a minor matter: the policy
would not require authors to provide OA by self-archiving immediately
and it already does induce publishers to back-slide on their prior green
light to immediate self-archiving. I don't think we need to wait several
years to pronounce the policy as bad and ill-conceived.

 It will be possible to measure the outcome based on the percentage of
 research articles funded by NIH that are deposited in PubMed Central
 and the average time from publication to open access.

One can always measure outcomes.  In the 

Re: Open Access vs. NIH Back Access and Nature's Back-Sliding

2005-01-31 Thread Stevan Harnad
For those with neither the passion nor the patience for Key Stroke
Romances, here is the short version of the posting below:

It takes N keystrokes (in M minutes) to make an article Open Access (OA) by
self-archiving it. The first few keystrokes are the metadata (author,
title, journal, etc.). The next-to-last keystroke is the upload
key to deposit the full text, and the Nth keystroke is to set the
accessibility of that full text from institution-internal (the default
option) to Open Access. (The metadata are in any case accessible
to all, webwide).

The NIH-12 policy would be to encourage NIH fundees to perform these keystrokes
within 12 months of publication.

The Institutional Keystroke (IK-0) policy would be to require all
institutional researchers (or their assistants) to perform the first
N-1 of the keystrokes immediately upon acceptance of the article, and
the Nth one (Open Access) at a time of their own choosing (though with
encouragement to do that immediately as well, and to do the keystrokes
for preprints well before acceptance too).

Les Carr suggests that the two policies are compatible, and they are.

But it is an open question whether NIH-12 helps or hinders IK-0, and
particularly whether it hastens or retards that Nth keystroke (Open Access).

I am inclined to think it hinders and retards a little, but not much.

The real barrier to 100% OA for the past 10 years has been the keystroke
barrier itself, no more, no less. Authors will not perform those first
N-1 keystrokes until/unless required to do so. We can have a good deal
of confidence in the likelihood of their performing the Nth keystroke,
once the first N-1 have been done.

Swan  Brown asked authors to say how they would feel if their
employer or funding body required them to deposit copies of their
published articles in... repositories. The vast majority... said
they would do so willingly.

  Swan, A.  Brown, S.N. (2004) JISC/OSI Journal Authors Survey
  Report. http://www.jisc.ac.uk/uploaded_documents/JISCOAreport1.pdf
  http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/3628.html

  Swan, A.  Brown, S.N. (2004) Authors and open access
  publishing. Learned Publishing 2004:17(3) 219-224.
  http://www.ingentaselect.com/rpsv/cw/alpsp/09531513/v17n3/s7/

Now you can think about it, forget it, or read on:

PETER SUBER:

   (1) It's true that the NIH has recently revised its policy.
  Formerly, it would have provided free online access for deposited
  articles six months after their publication in journals. The new
  policy makes the embargo period anything from zero to 12 months, at
  the author's choice. If there's an advantage, it's that authors could
  choose release earlier than six months, which formerly required the
  publisher's consent. If there's a disadvantage, it's that authors
  could choose release much later than six months. The NIH will urge
  authors to allow public access as soon as possible. But it's likely
  that some publishers will urge authors to wait as long as possible,
  putting authors in the difficult position of having to choose between
  their funder and their publisher. In my view, this is a net loss and
  a regrettable retreat by the NIH. I'll have a lot more to say about
  it in the February issue of my newsletter, which should mail next
  Wednesday (February 2).

As has already been pointed out in an earlier posting, there is a slight
misunderstanding here: It was not providing free online access prior to
6 months post-publication that required the publisher's consent in the
prior version of the NIH policy and no longer requires the publisher's
consent in the latest version. Rather, it was providing free online
access *in PubMed Central* that was denied *NIH's* consent in the prior
version, and no longer requires NIH consent in the latest version. This
has nothing whatsoever to do with publisher consent, one way or the other.

LES CARR:

 This explanation of NIH from Peter Suber seems to cast a whole new
 light on the affair. It could be argued that NIH-12 has the same effect
 as Harnad-Keystrokes with a 12-month cutoff on the dilly-dallying -
 especially if the 12-month figure is a RELEASE embargo rather than a
 deposit embargo.

I would say that the Immediate-Keystrokes (IK-0) Mandate and NIH's
Within-12-months (NIH-12) Encouragement may be in a similar spirit, but
are unlikely to have the same effect: Indeed they are somewhat at odds.

Consider:

Of course it was nonsense of NIH originally to have suggested that NIH
would not *allow* self-archiving (in PubMed Central) earlier than 6 months
(except if there has been payment to the publisher) when 79% of journals
have already given their green light to immediate self-archiving of the
postprint (plus 13% for self-archiving the earlier preprint). So that absurdity 
was bound to be corrected.

But now what we have is an NIH encouragement (not a requirement) to
self-archive by 12 months (with many publishers moving 

Re: Open Access vs. NIH Back Access and Nature's Back-Sliding

2005-01-31 Thread Ray . English

Stevan,

I think the assertion you express here isn't quite right:


(2) If the author did have to request permission from the publisher
to make his own article OA (by self-archiving it) previously, then
the author would still have to request permission subsequently (since
presumably NIH cannot grant permission on the part of the publisher),
and hence again the NIH policy is neither here nor there.



As I understand it, the NIH status overrides any question of publisher
permission.  It's a prior condition stemming from NIH having funded the
research in the first place.  So the policy would allow some research to be
made openly accessible where that would otherwise not be possible (in the
small percentage of journals that don't allow self archiving).

I would also point out that the NIH does not require deposit into PubMed
Central.  But by allowing it, they do create some additional opportunities
for OA that don't exist outside the NIH context.  It remains to be seen
what the overall effect of the policy will be.  While it's certainly not
ideal, I do think it's a significant step forward in terms of access to
research.


Ray English
Director of LIbraries
Oberlin College



--On Sunday, January 30, 2005 11:46 PM + Stevan Harnad
har...@ecs.soton.ac.uk wrote:


Ray English wrote:


In response to Stevan Harnad's comment below, I think it's important
to note that the revised NIH policy (as best we can determine it,
since it hasn't been officially announced yet) is actually closer to
OA than the policy that NIH vetted earlier. As Peter Suber noted in
an earlier message today, It gives the researcher control over when
the article will be made openly accessible, without having to
request permission from the publisher.


Please consider the logic underlying this inference:

Either the author (1) did or (2) did not have to request permission
from the publisher to make his own article OA (by self-archiving it)
before there was any NIH policy.

(1) If the author did not have to request permission from the publisher
to make his own article OA (by self-archiving it) previously, then the
author does not have to request permission subsequently, and the NIH
policy is neither here nor there.

(2) If the author did have to request permission from the publisher
to make his own article OA (by self-archiving it) previously, then
the author would still have to request permission subsequently (since
presumably NIH cannot grant permission on the part of the publisher),
and hence again the NIH policy is neither here nor there.

What is true is that the NIH had added an extra, unnecessary and
counterproductive complication to the process of trying to make the
author's own article OA (by self-archiving it) -- by insisting that it
must be self-archived in PubMed Central. For that, one does indeed have
to ask permission -- but not from the publisher: from NIH! So the new
(proposed) NIH policy differs from the old one only in that NIH has
over-ridden its own prior refusal to grant the author the permission to
self-archive in NIH's own archive, PubMed Central!

A Simple Way to Optimize the NIH Public Access Policy
http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/4091.html

This is a rather circular and empty gain, since there is no particular
reason that an author should want to make his article Open Access by
self-archiving it in PubMed Central in particular -- except that that is
what NIH happens to be specifically bidding him to do (for no good
reason). The author could have self-archived it in his own institutional
archive all along, from day 1, with or without NIH's permission, and with
the blessing of 92% of journals:

http://romeo.eprints.org/stats.php

So the new NIH policy is only closer to OA in the sense that it is
less-far than it had arbitrarily distanced itself from OA in the first
place. And it is still nowhere near OA. Nor has it given the researchers
more control over anything except their ability to fulfill NIH's
arbitrary stipulations (about PubMed Central), which have nothing
whatsoever to do with OA (and instead make OA more unlikely).


Authors have the clear option to make their work openly accessible
immediately at the time of publication.


They had that option all along, irrespective of NIH: The NIH policy had
been intended to induce them to *use* that option; instead, it added
further constraints, then removed some of them, without inducing the
author to provide OA at all. (By the way, OA, by definition, can only be
provided immediately; delayed access is not OA but Back Access.)


(The policy also calls for articles that are deposited to become openly
accessible after 12 months, if the author did not choose earlier open
access.)


The idea had been to induce authors to provide OA (the OA that they were
already able to provide if they chose, without NIH, but they were
not yet choosing to). Instead, NIH would induce them to provide access
within 12 months, and in PubMed Central. The result 

Re: Open Access vs. NIH Back Access and Nature's Back-Sliding

2005-01-31 Thread Stevan Harnad
On Sun, 30 Jan 2005 ray.engl...@oberlin.edu wrote:

 As I understand it, the NIH status overrides any question of publisher
 permission.  It's a prior condition stemming from NIH having funded the
 research in the first place.

Can someone please explain this NIH override, what it applies to, and when it
takes effect?

 I would also point out that the NIH does not require deposit into PubMed
 Central.  But by allowing it, they do create some additional opportunities
 for OA that don't exist outside the NIH context.

As I understand it, NIH does not require anything, it just encourages. And
the only thing it encourages (in the current proposed version of the policy)
is to deposit in PMC, within 12 months of publication.

Stevan Harnad


Re: Open Access vs. NIH Back Access and Nature's Back-Sliding

2005-01-30 Thread Stevan Harnad
   From: venkatachalam venkatcha...@sancharnet.in
   To: BOAI Forum boai-fo...@ecs.soton.ac.uk
   Subject: changes in NIH and nature policies

   dear members
   greetings

   i hear with concern that NIH has increased the embargo period for
   release of NIH funded research info from the earlier 6 months to
   1 year.

   simultaneously, the leading magazine, nature has announced that
   it is reviewing its policy of granting self archiving privilege to
   its authors.

   i believe that both developments, if confirmed, are a blow to further
   development of our open access movement. these can very well impede the
   rapid flow of scientific information without barriers or restrictions.

   i do not have the complete details and i have addressed both
   organisations about this.

   i would welcome feedback from our members on these important issues.

   yours

   v.lakshminarayanan
   palani india

These developments are not a blow to the OA movement, they are merely a 
challenge,
a challenge that can and will be met in the following way:

(1) The NIH Proposal -- provisionally supported by the OA movement, will
now no longer be supported as it stands by the OA movement:

NIH's 6-12 month embargoed access is not Open Access but Back Access, and
if it had continued to be supported by the OA movement as a step toward
OA it would have had the exact opposite effect, locking in a 6-12-month
access delay for years to come, and providing a pretext to publishers
like Nature to Back-Slide from their prior policy of giving their authors
the green light to self-archive immediately -- a policy that had been
adopted to accommodate the expressed wishes of the research community to
maximise access -- to a policy of 6-month embargo and mere Back Access.

(2) Nature's Back-Sliding, like NIH's Back Access Policy, will be
portrayed as exactly what it is:

Nature's is a recent policy change adopted so as to minimize possible risk to
publishers' revenue streams even though all actual evidence is the
opposite: that toll-access and self-archiving can co-exist peacefully for
years to come, with no effect on journal revenue streams. Hence Nature's
back-sliding is entirely contrary to the interests of research and
researchers, minimizing a minimal hypothetical risk, against all evidence,
at the expense of maximal benefits to research and researchers for which
there is a growing body of evidence -- and done on the NIH-supplied pretext
of being in the service of research and researchers and a step toward OA!

Stay tuned.

Stevan Harnad

AMERICAN SCIENTIST OPEN ACCESS FORUM:
A complete Hypermail archive of the ongoing discussion of providing
open access to the peer-reviewed research literature online (1998-2004)
is available at:
http://www.cogsci.soton.ac.uk/~harnad/Hypermail/Amsci/index.html
To join or leave the Forum or change your subscription address:
http://amsci-forum.amsci.org/archives/American-Scientist-Open-Access-Forum.html
Post discussion to:
american-scientist-open-access-fo...@amsci.org

UNIVERSITIES: If you have adopted or plan to adopt an institutional
policy of providing Open Access to your own research article output,
please describe your policy at:
http://www.eprints.org/signup/sign.php

UNIFIED DUAL OPEN-ACCESS-PROVISION POLICY:
BOAI-2 (gold): Publish your article in a suitable open-access
journal whenever one exists.
http://www.earlham.edu/~peters/fos/boaifaq.htm#journals
BOAI-1 (green): Otherwise, publish your article in a suitable
toll-access journal and also self-archive it.
http://www.eprints.org/self-faq/
http://www.soros.org/openaccess/read.shtml


Open Access vs. NIH Back Access and Nature's Back-Sliding

2005-01-23 Thread Stevan Harnad

NIH's proposed Public Access policy of requesting that NIH-funded
research should be made freely accessible online 6-12 months after
publication is not Open Access (OA), nor is it a satisfactory substitute
or compromise for OA, nor is it a policy that helps OA happen sooner.

NIH-6/12 is Back Access (BA) (as in back-issue or back-volume), not
Open Access (OA), and if the NIH-6/12 proposal were cloned and copied
by other research funders and other nations in the mistaken belief that
it was OA or would help hasten OA, that cloned NIH-6/12 policy would
in fact lock in a 6-12 month delay/embargo period for years to come,
and this would (unintentionally) set back the prospects of OA very
substantially for years to come.

Some signs of this untoward effect of NIH's ill-conceived BA-6/12
proposal are already visible: The Wellcome Trust has already adopted
(pre-emptively) BA-6. And Nature Publishing Group, formerly green on
immediate self-archiving of the peer-reviewed postprint, has recently
made a press release -- perhaps timed (unsuccessfully) to coincide
with the expected (but now delayed) announcement of NIH-6/12 -- to the
effect that Nature is Back-Sliding from its postprint green policy and
replacing it by BA-6 (presumably in line with NIH-6/12):

Although one cannot legislate by lexicon, the meaning of the recently
coined term Open Access is:

Immediate, permanent, online access to the full-texts of
peer-reviewed research journal articles, free for all users,
webwide

The term was coined to contrast Open Access with Toll Access, in which
the only users who can access and use the articles online are those whose
institutions (or the users themselves) can afford the publisher's access
tolls (subscription, license, or pay-to-view). Note that TA is spatially
restricted access -- only users at the right place can have access --
whereas OA is spatially unrestricted access for all would-be users,
everywhere. What about temporally restricted access?

The purpose of Open Access is to maximize the usage, impact and benefits
of research articles, by making them available to *all* their would-be users
worldwide, not just to those whose institutions can afford Toll Access. It
is through research uptake and usage that research progresses. Indeed, that
is why research is published at all: to be accessed, used, applied, built upon.

The difference between current issues and Back Issues or Back Volumes is
clear. It's the difference between current research and past research,
between the growth region and the static core, between cutting-edge
immediacy and past history.

How much difference does a 6-12 month access delay make, then?

Although this will no doubt vary somewhat with the discipline involved,
it is *particularly* true in the fast-moving biomedical sciences (NIH's
focus, after all) that research usage and impact and progress begins
from the moment a refereed piece of research is made available to the
world research community (even earlier, at the pre-refereeing stage,
sometimes), and things can potentially move lightning fast thereafter --
*if* the results are accessible to use and build upon.

Any needless access-delay from that moment onward is exactly that:
needless delay, hence needless loss of research access, usage, impact
progress, and benefits. And it is precisely so as to put an end to that
needless delay and loss that the Open Access initiative came into being:
Temporal access restrictions are every bit as inimical to the progress
of research as spatial ones are.

It must not be forgotten that it is the online medium (the Web) that has
made it possible to put an end to all needless delay and loss in research
usage and impact. Before the advent of the online medium, the costs and
constraints of paper publication and distribution made Open Access an
impossible proposition, regardless of how beneficial it would have been
for research progress. Now it is 100% feasible and fully within reach to
make all refereed research immediately accessible to all its would-be
users worldwide. Hence all further delay and loss of research access
and impact now amounts to needless and unjustifiable loss and delay.

Can the access delay be justified by considering factors other than its
effects on research? If there were any credible evidence that Toll Access
publishing and cost-recovery cannot peacefully co-exist with authors
immediately making supplementary copies of their peer-reviewed drafts OA
by self-archiving them for all would-be users whose institutions cannot
afford the official Toll Access version then there might be grounds
for further reflection on this. But all the evidence is precisely in
the opposite direction:

There are (Toll Access) physics journals whose articles have been
made accessible for free online in author-provided supplements
since 1991, and for some, 100% of their contents have been freely
accessible in this way for years now, yet their subscription revenues
have not eroded. The