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A Bid for Public Access to Fed-Sponsored Research

An anonymous reader submits "Your taxes support lots and lots and lots of research that gets published in journals that you can't access without paying absurd fees to the journal publishers. So, for example, if you'd like to read the latest research on SIDS (Sudden Infant Death Syndrome) because your pregnant wife had two sibs die of it, you can't, even though you paid for it. Well, somebody's trying to fix this — there's a pending bill (Federal Research Public Access Act of 2006, S.2695) to require public access to Federally-funded research: This would let anybody access the work for free within six months of its acceptance for publication by a peer-reviewed journal."

39 comments

  1. Commericialization is even more of an issue by l2718 · · Score: 3, Interesting

    As a scientist I have to say this is a great idea, but it misses the main problem of government-funded research. Certainly if the public paid for the research, they should be able to read the paper, but an even more important issue is that of patentability. The current situation is: we (taxpayers) pay for basic research. Then the universities get to patent the results. Next, private companies license the patents and get a monopoly on sale of products embodying the results of reserach we paid for. The rule has to be that the results of research that has been funded by the public are not patentable. If you want to patent the result, use private money (industry grants, university tutition money, whatever).

    1. Re:Commericialization is even more of an issue by cc-rider-Texas · · Score: 1

      As a Ph.D student going into my third year, I disagree with you just a little bit. When the universities get these patents and then license them, they make money from them. I think making this little bit of money is better than using tax dollars. The people who pay taxes (everybody) may not necessarily have anybody in their family who is going or will go to college, so they aren't getting as much benefit from these tax dollars. Of course, everybody benefits from universitites in some form or fashion, but at least with the money coming in from patents, the people don't feel the pinch as much. Other than that, I completely agree with you, the research should be available to everybody.

      --
      If you give a liberal an enema, he'll turn transparent.
    2. Re:Commericialization is even more of an issue by l2718 · · Score: 1

      If making money for the universities was the only outcome, I might agree with you. However, there are some important issues you aren't considering.

      1. If universities need more money, won't it be better to simply fund them directly? While your indirect funding system is merit-based in that they have to get good results to profit, I'd say the public would benefit more when drugs developed from government-funded research were cheap.
      2. The main question is who actually gets to enjoy the profits. Universities are generally not venture capitalists. They get the patents, but they cannot provide money for the development of the application. Someone else (usually a large drug company) will risk their money in developing the application. This means that the drug company will buy (or get an exclusive license to) the patent from the university. Then they will make a lot of money selling the drug back to the public. This is not dissimilar to the situation with the journals (we do the research, the peer-review and the editing for free and then they charge us atrocious subscriptions). At the end the public is paying twice: once in taxes to do the research, and then again to the drug company to buy the drug the public paid for developing.
      3. Now, you may say that since the drug company put up the capital and is taking a risk, they deserve a large share of the profits. The problem is that the public already paid a lot of money and took a risk: not all grants result in patentable inventions. The university doesn't have to take this into consideration when negotiating with the drug company, since they don't have to consider the public's expenses -- they only have to consider their own potential gain. The normal rule is that the government is not allowed to patent stuff. This should extent to reserach done with government money unless the rule is that the university has to license the patent to anyone who asks.
      4. Finally, you may say that without the monopoly assured by the exclusive license to the patent, the drug company won't try developing the drug at all (the basic reserach done at the university, after all, does not usually end the work that needs to be done). There's a reason we allow drug patents! If we don't allow monopolies for government-funded reserach, the companies might only develop drugs they patented themselves which means the reserach won't get us anywhere. I'm not sure they is a problem since I guess reserach is sufficiently expensive that they'll take freebies from the government when offered, but I'm no expert. This is the main question in my mind.
    3. Re:Commericialization is even more of an issue by aminorex · · Score: 2, Interesting

      If patents were required in order to incent pharmas to produce drugs, then there wouldn't be a vast market in generics. There is a vast market in generics, however. The only reasonable argument for patents as incentives is as incentives to invent. However, pharmas have concluded that it is not worthwhile to pay for your own research, when you can leverage off of publically subsidized research. A reasonable conclusion, based on self-interest, not on the public interest, that. Risk is thus avoided, and profits are still captured. This appears on the face of it to be against the public interest. However, Bob Dole did very, very well by it. Not well enough to be POTUS, but very well nonetheless.

      --
      -I like my women like I like my tea: green-
  2. Why is this restricted to journals? by daeg · · Score: 2, Interesting

    To really fix the research system to be what I would consider fair, it shouldn't be restricted to peer-reviewed journals. If it is truly financed solely with tax money, it should be open and completely public -- without restriction. I want to know and read what failed research is out there, who did it, why, and how much it cost. I want to know that $600 thousand was wasted on tiger and big cat research because some idiot left the cage unlocked and the tigers escaped. I want the data. Yes, of course being in a peer-reviewed journal helps ensure the research is correct -- but not all Americans want to read the "good" research.

    This is a start, though. Does anyone think it will actually pass?

    1. Re:Why is this restricted to journals? by l2718 · · Score: 3, Insightful
      I want to know and read what failed research is out there, who did it, why, and how much it cost.

      There's a problem with this: scientists can't promise success. I'll be afraid of accepting a grant if it's based on me promising to deliver results. The current system is that my next grant application will be reviewed based on what I did with the previous one. But it's crazy to expect basic research to work like clockwork. Moreover, it's difficult to judge things in hindsight. In mathematics in most cases people don't solve the problem they set out to solve, and in any case they do it in a completely different way from what they said they will. It's best to think of a theoretical science grant and giving someone money and saying "just do something good with it". What you really want to know is how many papers were written using the grant and if they were good, but not if the specific things the reseracher thought they might do three years ago were actually done.

      Experimental science is very different. Grants are much bigger and are earmarked for specific projects. But still, say the project failed -- what the scientist wanted to do cannot be done. Then this is, in itself, a scientific result. Now it may be that in hindsight it may have been better to fund a different approach that might have worked, but the real question is whether this could have been figured out in advance.

    2. Re:Why is this restricted to journals? by daeg · · Score: 2, Interesting

      I don't expect success. I realize that a lot of success in science comes from failure. Failure itself is unavoidable in that which is research. It's expected. But that doesn't mean that the information shouldn't be published, does it? If I'm researching or studying cell division under extremely toxic conditions and I notice that the radioactive particles from my experiment are causing my test cultures to suddenly multiply in an unknown way, why shouldn't I be able to easily -- and freely -- see that other "failed" research has seen the same thing?

      Unfortunately, training the public-at-large that failed research != bad research would be near impossible. On the flip side, though, there is a lot of frivilous research that I'm sure we don't know about that "fails" and never makes it into peer-reviewed journals.

  3. Open Access by gEvil+(beta) · · Score: 1

    I work for a biomedical publisher and fully support open access policies, especially for publically-funded research. My question, however, is just how much will the average citizen get out of reading a highly technical research report on a subject? Unless they are well schooled in a particular field, they likely won't even understand what the abstract is talking about.

    --
    This guy's the limit!
    1. Re:Open Access by MindStalker · · Score: 1

      I don't think thats really the point. One point of course is that competing researchers should have access, though technically they do through subscribing to journals. Now its a given that there arn't many serious biotech researchers who arn't subscribing to all the relevent journals, there are plenty of hobbiest computer scientist, some whom even might rival well funded researches in abilities, who could gain a lot from this free exchange of knowledge. I'm sure there are other fields as well. Now the real problem I see if research that was never published in order to remain secret, even though funded by the government will stay secret. But I guess that was the point. Though some are secret for military reasons, others are simply secret so they can sell the information to the highest bidder.

    2. Re:Open Access by AuMatar · · Score: 1

      Does it matter? By releasing the information, those who can understand it have access to it. They can use that information to further their own research or buisness ideas, which is a net gain for the nation.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    3. Re:Open Access by AJWM · · Score: 2, Interesting

      My question, however, is just how much will the average citizen get out of reading a highly technical research report on a subject?

      Irrelevant. True, most of them won't get anything out of it -- indeed won't even bother trying to find it. That's no reason not to make the information available to those who do want to read it and may well be capable of understanding it.

      Unless they are well schooled in a particular field, they likely won't even understand what the abstract is talking about.

      Likely? Perhaps -- but even if only 2% of the population is intelligent enough, (eg, those with an IQ high enough to qualify for Mensa), and only half of those have done enough reading in the field to undestand the abstract, (and people that smart tend to do a lot of reading in many fields), that's still well over a million people in this country who could read it and understand it, given the opportunity.

      --
      -- Alastair
    4. Re:Open Access by therealking · · Score: 2, Insightful

      I think that should be the public's problem. If I want to get my hands dirty reading some very techincal jargon, maybe I will get it, maybe I won't. But I should have the opportunity to do so.

      --
      Gadget News at Gizmo.com
    5. Re:Open Access by yali · · Score: 1

      An average reader might not understand a very technical basic research article, but they can probably get the important points out of many articles that would be directly relevant to their situation (clinical trials, meta-analyses, etc.).

      Moreover, I think this policy would actually help quite a few scientists, especially those at less well-funded institutions. Institutional rates for journals are astronomically high, and universities often have to make difficult choices about which journals to subscribe to. That problem won't completely go away with such a system -- scientists will still want access to journals inside of the 6-month embargo to stay on top of cutting-edge work -- but it will make the field at least a little closer to level.

    6. Re:Open Access by buffoverflow · · Score: 1

      It's irrelevant how the average person will perceive the information that's made available. The average Joe will most likely never look for it, and if he finds it, probably won't care (most likely due to a lack of understanding).

      What is important is the minority; those of us who believe in the research spending, and want to see the product of our research $$ at work. Personally, I get really tired of digging through the research sites of known gov't funded research projects, and never finding anything more useful than abstracts or project overviews (without ponying up the big money.

      There's also the inverse of the above, those who want to see the checks & balances; they may not care about, or understand the research, but they want to make sure the $$ are being allocated:
      A) Fairly (No side agendas & back room deals)
      B) Going where the gov't says it's going
      C) Validate that the funding is being properly used (for the research that the grant proposal was written for) once it's been allocated

      I'd also be interested in seeing the rebuttal to this. How much the funded research entities believe they will lose in research $$'s by not charging for the research data.

    7. Re:Open Access by MagicMike · · Score: 2, Insightful

      Slightly restated:

      "I work for an operating system company, and fully support open source policies, especially for publically-funded projects. My question however, is just how much will the average citizen get out of having access to highly technical source code? Unless they are well schooled in programming, they likely won't even understand what the header files mean."

      Surely nothing good could come out of something like that, since it's impossible for a mere layman to self-train and provide any help to existing researchers...

  4. Good for the publishing system by l2718 · · Score: 3, Informative

    Currently some journals (especially the very prestigious ones like Nature) want to have complete control of the paper. At the start this means they won't take anything the public has seen before -- that's part of their take on only publishing "original research" [hence the reasonable six-month delay in the proposed law]. But they also insist on having the copyright in the article assigned to them [they mostly need some form of this so they can disseminate the article in new ways that didn't exist when it was written]. Unfortunately, sometime they take these ideas too far (as in preventing people from publishing the papers on their own websites).

    The internet is slowly forcing the journals to change. This law will make them chagne faster. They will have to accept that their function will be limited to providing reputation (via peer-review and editorial policy), and in some cases providing the first view of a paper. However, they will no longer be the only way to get the paper so the value of a journal subscription will go down.

    In math and physics the researches are already annoyed by the system. Essentially it works like this: we do the research, often being paid by the public via a government grant. Then we write the papers. Then we referee papers for journals for free, and serve as journal editors for free -- no scientist gets paid by the journal for either writing the paper or checking that it's correct. Then the journal turns around and charges the community money to read the papers. Of course this is untenable and open-access journals are beginning to flourish. Moreover all journals live with people posting the paper to their website (either the preprint or the journal version) as well as having preprints freely available from the arXiV. Still some journals are expensive beyond belief (given that they get the content for free and all the editing is done for free and all they are giving is reputation). Many researchers will have nothign to do with an Elsevier journal because of this kind of behaviour.

    1. Re:Good for the publishing system by Michael+Woodhams · · Score: 1

      In my current area of research (mathematical evolutionary biology), editors are indeed working for free (or for the glory/reputation). They are ordinary academics who volunteer some of their time. These are the select-the-reviewers, make-the-publish-or-not-decision editors. I presume that typesetting and layout are done by employees of the journal. So, of course, the content is not entirely free to the journal, nor is the infrastructure.

      Commonly there are page charges - the researcher pays money to have their paper published. This all seems fair and acceptable, until we come to publishers like the (IMHO justifiably) much maligned Elsevier, who charge many thousands of dollars per year for modestly sized journals. (I don't know whether Elsevier pays their academic editors or has page charges.)

      A new model is "open access" journals, most prominently those from the Public Library of Science. These typically have significantly higher page charges. Some journals have a mixed model - the researcher can pay extra to make their article open access.

      --
      Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
    2. Re:Good for the publishing system by Anonymous Coward · · Score: 0
      To put a little perspective on what kind of profits Elsevier is able to generate using this system, I refer to:

      Open access: implications for scholarly publishing and medical libraries by Karen M. Albert
      J Med Libr Assoc. 2006 Jul;94(3):253-62

      Reed Elsevier, one of the leading commercial STM publishers, had an operating margin of approximately 26% in 1997 [12], and a 2002 Morgan Stanley report on STM publishing listed a profit margin of 37% for Elsevier's core titles [9, 13].

      The article is available for free from the US Government's PubMed Central archive here.

  5. Why ask? by krell · · Score: 1

    What is your reason for asking this? Are you attempting to justify keeping the reports secret?

    --
    Where were you when the voynix came?
    1. Re:Why ask? by gEvil+(beta) · · Score: 1

      Are you attempting to justify keeping the reports secret?

      I see you haven't bothered to read the first sentence of my post.

      --
      This guy's the limit!
    2. Re:Why ask? by krell · · Score: 1

      Then it really shouldn't matter, should it? No matter what kind of report you release, there will always be some idiot who does not understand it. A non-issue, really.

      --
      Where were you when the voynix came?
  6. About time by Iron+Condor · · Score: 2, Insightful

    About time, I'd say.

    Quick clarification up front: most universities will let you read their subscription to the appropriate journal either for free or for a modest fee. So it isn't as if there's some monumental hurdle here anywhere.

    But yes -- I am definitely in favor of some kind of access system to the peer-reviewed literature that keeps the results that I produce on the public dime in the public domain. What good does it do me (and I'm strictly appealing to my own, personal selfishness here) to have reseaerchd X and Y and Z when I can't even prove that I've done it to anybody other than someone in the same field (who's probably my buddy anyways).

    Science is, in the end, one big open source project. Where everybody is pooling their methods, their strategies, their ways of thinking, their experimental results. Science works because everybody can see what everybody else is doing and everybody can critique what everybody else has done (and ultimately improve upon it). Now, 99% of the population are plainly not qualified to comment on any one random scientific result -- but if we want to overcome this scientific illiteracy then it isn't going to happen by keeping scientific results out of the hands of people. It is going to happen by exposing them to them.

    All progress humans have ever made is, in the end, scientific progress. And if we want for humanity to progress as a whole, we'll have to continue sharing that progress around.

    --
    We're all born with nothing.
    If you die in debt, you're ahead.
  7. Unintended consequences by Profane+MuthaFucka · · Score: 1

    This all sounds good on paper, but the real effect is that it's going to just kill public funding of science, and the scientists that depend on public funding. In effect, this is making two separate tiers of research. Public research has to go into the public domain, but that will make it less valuable to the institution that is hosting the scientist that does the research. Private research is going to bring in more money to the hosting institution, and those researchers are going to be more highly valued.

    Say we've got two candidates for a position at the University of Texas. Candidate A brings in a private grant for $5,000,000, and candidate B brings in a public grant for $5,000,000. In other respects, they are equal, and only one can be hired. Obviously, it's in the University of Texas' interest to hire the researcher with the private grant, because UT can then license any resulting patents. The publicly funded researcher is kicked to the curb. I'd say that the allure of the money is so strong that even two very unbalanced candidates (Candidate A is a slacker and candidate B is a superstar) would not be considered equally.

    I'd make the bill much stronger - any research done at a public university anywhere goes into the public domain. If someone wants to take money and produce patents, they should do it with private money, at a private institution.

    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    1. Re:Unintended consequences by Frumious+Wombat · · Score: 1

      The other issue, of course, is being able to charge overhead. Many private grants do not allow this, while the Gov't ones factor it in. Therefore, faced with two professors, one who may develop an idea which might be granted a patent which may hold up in court (or ever pay back even the patenting fees), versus one who comes in with a 5Mill grant that can be skimmed at 56% by the U. to pay for "overhead" (libraries, power, HVAC, and, of course, lots of administrators), most Unis will take the grant with overhead attached.

      If anything, what it will allow is researchers at Unis to go back to fundamental research, rather than applied, as the administration won't view them as potential golden geese any more. Silver geese, yes, especially compared with the other side of campus, but as long as grants that pay overhead come in, they'll be happy.

      --
      the more accurate the calculations became, the more the concepts tended to vanish into thin air. R. S. Mulliken
  8. I'm not the only one. by krell · · Score: 1

    Just about all of the several respondents after me also wondered if your message implied some sort of justification for keeping the information away from the proles.

    --
    Where were you when the voynix came?
  9. Pick your poison by UbuntuDupe · · Score: 2, Insightful

    The granting of patents to federally-funded research was enabled by the Bayh-Dole Act. Yes, we "already paid for it". But the reason it was passed was (in part!!!) because well, the idea that a scientist could make some great discovery, and not see much material benefit beyond the salary he was paid for it, tends to get their undies in a wad. It can skew their incentives so that they don't put the time and effort into the work that would be later justfied by public demand for the fruits. "Ah, I'll come back to this tommorow."

    Before I get a bunch of simplistic objections, I DID NOT JUST CLAIM THAT SCIENTISTS ARE LAZY DO-NOTHINGS WHO CARE ONLY ABOUT MARTERIAL BENEFIT. I DID NOT JUST CLAIM FEDERAL RESEARCH WOULD PRODUCE NOTHING IF IT COULD NOT GET PATENTS. I DID NOT CLAIM THE NUMEROUS OTHER STRAWMEN YOU'RE GOING TO SHOVE MY POST INTO. I'm just saying, that if all federal research were to be unpatentable, there would be a non-trivial penalty to the research progress, as scientists might suboptimally allocate less additional units of effort. How big this is, I have no idea, but it is not a costless shift, and the fact that we "already paid for it" is no excuse. I'm willing to bet many of you, by the way, would object to a professor not being able to get a copyright on books he wrote while working at a public university.

    If you still believe in public-domaining federally funded research, great, but do it with knowledge of the costs.

    1. Re:Pick your poison by LuYu · · Score: 1
      I'm willing to bet many of you, by the way, would object to a professor not being able to get a copyright on books he wrote while working at a public university.

      I would not object to that. In fact, I would go so far as to say that publicly funded institutions should be required to use only public domain works for text books in order to protect us from the current gross theft that the system of publishers, university book stores, and used book resellers has subjected students to. The prices are obnoxiously high for materials that students are required to buy by their professors and add greatly to the cost of an already exorbitantly expensive university system. Students are forced customers, and the publishers are collecting monopoly rents to boot.

      If the works were public domain, they could be printed at the book store for a fraction of the cost or loaded to a disk for perusal at on a student's computer. A semester's worth of books could be carried around in one's pocket. The printed versions could be separated in any arbitrary fashion (anybody who has every carried around an $80 chemistry book would appreciate this). Further, this would facilitate commenting on or quoting the book in homework. Errors and or omissions in the book could be quickly corrected and distributed to all students.

      Allowing university professors or anybody to copyright required study materials harms students by constraining them to a world of expensive, heavy, and less-functional materials. If people want to write books for profit, they should not draw a salary for teaching and/or research.

      --
      All data is speech. All speech is Free.
    2. Re:Pick your poison by UbuntuDupe · · Score: 1

      That's a good point, but a slightly different issue. You're referring to professors writing books which students are required to buy. But I'm referring to the general point of a professor getting *any* copyright on any book he wrote while working for the university. For example, what if he's writing a book, *not* to extort students, but as an introduction to a niche topic for people in industry? Or for researchers in the area? (They would have free access to the general ideas elsewhere, but not to his particular presentation of them.)

  10. Call me crazy but... by Anonymous Coward · · Score: 0

    I have no problem with some things I "pay for" via taxes not being available to me. Here are a few things taxes pay for that I don't care to have access to...

    1. Detailed instructions on how to build a fighter jet.
    2. Various couches and chairs in government facilities I'll never visit.
    3. My grandmother's medicare payments.

    I'm sure you can think of others.

    1. Re:Call me crazy but... by aminorex · · Score: 1

      ...half of the money you earned last year...

      Now what about the stuff you paid for and would really like to use, like Angelina Jolie?

      --
      -I like my women like I like my tea: green-
  11. A step in the right direction... by jhfry · · Score: 1

    ... but how about making all government funded research created technology free to the government. For example, if my tax dollars helped develop and market drug X, why the hell should my tax dollars have to pay market price when someone on medicaid is perscribed drug X.

    I think that all government funded research should be internationally patented by the US Governement and all rights to manufacture based on these patents should be free to any US owned and based corporation. This would give the US an edge in the global technology sector.

    Some would argue that this would hurt competition. I agree, but not entirely. Sure Company X who developed technology X on a governement grant would never be able to own the patent on the technology... however they still paid their workers and maintained another year of success in the market. Next year, they can pursue private investments with thier new reputation and create a for-profit product based upon patented improvements to their previously disclosed discoveries.

    This system would help prevent government funds from going into wasteful duplication of efforts in areas such as cancer/AIDS research who's goals should be the improvement of society rather than massive profits anyways. If the governement would dole out dollars according to the need in society, then this system would work for everyone.

    Essentially this would turn the grant system into the Gates Foundation... where those recieving money must agree to share their findings.

    --
    Sometimes the best solution is to stop wasting time looking for an easy solution.
  12. Re:Go to the library by Anonymous Coward · · Score: 0

    I agree, local libraries often have multiple subscriptions, and university libraries should be open to the public (I have certainly never had to show ID to access the university libraries). All of this information is already avaliable to the public, if they are willing to go get it... subscription costs of journals are more involved in the physical printing and distribution costs of the articles. If you dictate that every journal should post all new publications online for 6 months, who do you send the bills to for hosting the data? Why should the publisher be required to pay the costs to give 'convenient' access to their publications? Also, as it has been pointed out, abstracts are always freely accessible (through services such as the NIH/NLM's Pubmed) and this data includes contact information for the authors, who are (most) always willing to email a PDF copy of the manuscript if you take the time and effort to ask them.

  13. Re:Start with Global Warming junk science by Anonymous Coward · · Score: 1, Informative

    it is a pillar of the argument for anthropogenic global warming

    No it's not. That paper hasn't been important for over a decade. This is just like the religious nuts who attack Darwin instead of current theory.

  14. Re:Paying taxes gives you no rights ... by aminorex · · Score: 1

    > your financial support of the intelligence community's operations does not imply that you have a right to the information they uncover

    This is where we begin to disagree. Much of the black budget is black because in a democracy or under rule of law such behaviour would never be allowed. Never has any slogan been used to such evil ends as has "national security".

    --
    -I like my women like I like my tea: green-
  15. Slashdot sure loves science! by StikyPad · · Score: 1

    And wow, just look at the reaction from the self-titled nerd community. A whole 5 posts over +2.

    The problems with this, as I see it, are at least fourfold:

    1) The companies that want to keep the research results private have money and influence, and will likely lean on Senators and Congressmen to vote against it.

    2) Someone will bring up the topic of weapons research.

    3) The Bill [PDF Warning] specifically excludes research that is unpublished or rejected for publication, which boggles the mind.

    4) The Bill claims that it will not materially alter the status of any copyright or patent, however I doubt the research papers' authors and publishers will agree.

  16. Re:Capitalism is a determined beast by LuYu · · Score: 1
    As much as I wholeheartedly agree with you that having federally funded research be fully open domain, I worry greatly about how capitalism would work around the system.

    You are kidding, right? Have you forgotten that monopolies violate the entire concept of laissez faire capitalism? Monopolies, in the case of patents, are considered to have some benefits for society. However, the history of research and development long predates monopoly patent protection. Do you really think the inventor of the wheel went broke because he could not find enough customers?

    Patents expire, and companies that produce formerly patented inventions do not go out of business. Benadryl Allergy is twice as expensive the generic brands. However, drug stores still carry both. This means that people are spending twice as much money as they need to in order to get essentially the same thing as the lower priced product. Aspirin has similarly had a long history of making lots of drug companies money, even as a commodity, which it has been for quite some time (if it was ever patented). Your post implies that this situation is impossible.

    The assumption that monopolies are a part of capitalism because monopolies are a part of the current system in most, or even all, capitalist countries does not make monopolies a part of capitalism. Monopolies are socialism by nature. It is society granting one individual or group of individuals the right to produce a thing. This is not very different from the East India Company having monopoly rights on trade with East Asia or Soviet Russia monopolizing production of shoes. These monopolies stopped all other people that wanted to trade with East Asia or produce shoes in Soviet Russia from doing so. It is hardly capitalist to exclude people from the market.

    In a true capitalist system, anybody could produce any invention. Companies would have to compete on price, on materials, on product quality, and on customer satisfaction and perception. Whenever the government artificially increases the prices of goods in the market through grants of monopoly privileges, the government is acting in a socialist manner in direct opposition to laissez faire capitalism.

    Note: Do not construe this post to mean that I am anti-patent. The argument about whether or not patents are necessary is a separate one. I am merely arguing that patents are not "capitalist" in nature.

    --
    All data is speech. All speech is Free.
  17. "Somebody" is behind the curve by DynaSoar · · Score: 1

    NIH and the National Library of Medicine has been working for years to make information available to the public. Grateful Med/PubMed has been online for at least 10 years that I know of. Yes, it consists primarily of abstracts. But abstracts tell you most of what you need to know. Ask a scientist to tell you honestly how many of the papers they reference in their work they actually read, or only read the abstract.

    For the last several years NIH/NLM been making full articles to some publications available via a link on the abstract.

    And, the idea of making all the research they oversee/fund available to the public? The head of NIH asked for this a year and a half ago: http://www.nih.gov/news/pr/feb2005/od-03.htm

    As for material that the general public isn't able to understand, NIH translates and publishes an enormous amount of public oriented material on paper and on their web sites. They even have teams of people who go to large public gatherings (fairs, pow wows, etc.) and have vendor booths where they hand this stuff out.

    NIH has already been pushing for more and faster release of information, and they already put out more useful information for the public than some entire departments. It'd be nice to have a law to make them all do it, I'm just saying they already have a good model to follow.

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  18. Re:Capitalism is a determined beast by RingDev · · Score: 1

    Perhaps "capitalist" was a poorly chosen word. Maybe "Profiteering" would be better. My concern is that if you limit a large corporation's ability to be profitable in one specific situation, they will find a way to be profitable in another situation and avoid the first.

    CEO Joe Schmoe isn't going to continue to pump millions apon millions of dollars into a university research lab if he knows that the outcome will not be patentable. He will move his money and research into privately funded facilities. So the whole goal of opening up federally funded research will result in less federally funded research.

    I would LOVE to see open research, I think it would be a huge boon to man kind to have that kind of information shared. But I don't think that opening all research will have that outcome. I think patent reform would be a significantly better way to acheive this goal.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  19. Re:How Publication Costs are Paid by Wossisname · · Score: 1

    As a librarian, shifting the costs to the authors, even if the money is ultimately coming from the same source, is beneficial. Currently authors pick which journal to publish in mainly on the perceived prestige and whether or not they think they have a reasonable chance of getting their paper accepted. Making the authors sensitive to the costs is probably the only practical way to change publishing habits, though in of itself, it's not sufficient. Authors can reasonably claim they don't have a choice either, at least until they get tenure, as they need to publish often and in highly-regarded journals in order to survive in the academic world. Libraries, as servants of the researchers, have little influence over what journals we actually subscribe to. Our mission is to support the research goals of the faculty. If they need a journal, and our budget allows, we pretty much have to get it. We can suggest that the researches publish in open access journals, or society journals instead of commerical ones, but ultimately we don't have any levers of influence beyond simple persuasion. The only people that can actually influence to cost of a journal are the authors, as they have the ultimate club to use on the publishers: withholding content. From the point of view of libraries, this proposed legislation is a very good thing. At my library, we spend in excess of 2 million dollars (US) on journal subscriptions each year, the majority of them being science-technology-medical journals. Our budget is entirely paid for by state taxpayers, tuition, and bond funds (we're state university). While the university does skim off about 50% of all grant funds for 'overhead', the library does not see any of that money. We would certainly keep subscriptions to core journals in each discipline, where a 6 month wait would be undesirable. And this would not spell doom for the publishing industry. Many publishers already make their content freely available after a 6month - 2 year embargo and have not suffered (see Highwire). The people that would be impacted are the shareholders in the large commercial publisher, as the stocks prices might fall a bit when publishers like Elsevier can no longer deliver 5 billion dollar per year profits