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Copyright Law Is Killing Science

HansonMB writes "Whereas copyright tends to focus on protecting artists' ability to make money from their work, scientists don't use similar incentives. And yet, her work is often kept within the gates of the ivory tower, reserved for those whose universities or institutions have purchased access, often at high costs. And for science in the age of the internet, which wants ideas to spread as widely as possible to encourage more creativity and development, this isn't just bad: it's immoral."

31 of 323 comments (clear)

  1. Patents as well by StillNeedMoreCoffee · · Score: 3, Insightful

    Government work should be public domain and PHD thesis I think are required to be. But the busness end of Academia is going whole hog into getting not only copyright but patents locked down. In my teaching they were trying to copyright all instructional material and video presentations with no benefit for the instructors. Certainly not only should schools add to the public domain but patents and copyrights should belong to the creators of that intellectual property.

    1. Re:Patents as well by ClickOnThis · · Score: 4, Interesting

      Government work should be public domain and PHD thesis I think are required to be.

      That's news to me. My PhD dissertation is copyright by me, although I granted my university and my country's national library the right to distribute it.

      Some PhD dissertations can be classified Top Secret, if they involve state or military secrets. I know at least one person whose dissertation was such.

      As much as I favor the broad distribution of knowledge, ultimately I think the distribution of the results will depend on what the researcher arranges or negotiates with the institution who is paying him/her. Generally I favor the individual creator having copyright control.

      But the busness end of Academia is going whole hog into getting not only copyright but patents locked down.

      Don't be too quick to dismiss academic involvement with patents. As long as the patents themselves aren't "evil" I think academic institutions can provide valuable support to researchers who want to file patents, as long as the terms are fair.

      In my teaching they were trying to copyright all instructional material and video presentations with no benefit for the instructors. Certainly not only should schools add to the public domain but patents and copyrights should belong to the creators of that intellectual property.

      I agree that the instructors should be allowed to benefit freely from their own work. I confess I'm uncertain whether allowing a benevolent institution to hold the copyright (instead of the creator) is necessarily a bad thing.

      --
      If it weren't for deadlines, nothing would be late.
    2. Re:Patents as well by Anonymous Coward · · Score: 5, Informative

      Work at a different school or negotiate a better contract, if you can. At many universities, the inventors (typically the grad. student or principal investigator) are the owners of their own works, in the first instance, but they can always choose to let the invention be prosecuted and maintained by their TTO. The exception is for research done with Federal funds which is subject Bayh-Dole and, frankly, the terms of the sponsor agreement with the government.

      Are you really that fucking stupid??? *Every* university requires that their graduate students and professors sign away all their intellectual work while at the university. Which fantasy university are talking about where graduate students can negotiate better contracts? Which alternate-dimension United States do you live in where students can actually just go from school to school as needed?

    3. Re:Patents as well by element-o.p. · · Score: 4, Interesting

      The company I work for had similar language in the contract I signed. However, before signing that contract, I negotiated slightly different terms with the HR person. Bottom line, I agreed that all software or inventions I created *on company time or with company resources* would belong to the company; however, any software or inventions I created *on my own time* were mine. I also agreed that I wouldn't use my "insider knowledge" of the company to create a tool that I knew the company needed on my own time so that I could license it back to the company, nor would I create products or services in my off time to compete with the company I work for.

      So, yeah...the terms you mention are pretty much typical in the tech industry, but you can sometimes negotiate terms that will alleviate your employer's ethics or competition concerns while still allowing you to create and own things that are unrelated to the company's business interest.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    4. Re:Patents as well by element-o.p. · · Score: 3, Interesting

      Similarly, telling people to "work for someone else" doesn't solve the problem either - they *all* do this, you have no bargaining power at all, they have all the money.

      Ummm...start your own business, then? My wife has done it twice in the last decade. It's a lot of work, and there are no guarantees that you will break even, much less earn the salary you earn as a cubicle drone in the tech sector, but if you don't like the terms of employment for anyone that's hiring, it IS an option. <shrug> I'm just not a big believer in the "I have no power at all" victim mentality.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    5. Re:Patents as well by zero-point-infinity · · Score: 3, Informative

      Not all universities make students and professors sign away their work. University of Waterloo policy is that the creators retain all rights, presumably because the university likes to brag about students who started companies based on work done in their research or as design projects. It's easier for students to form companies to brag about if you stay out of the way and let them do the heavy lifting if they want to. I wouldn't be surprised if you could find other schools with similar philosophies.

    6. Re:Patents as well by swillden · · Score: 3, Funny

      I think one of the central issues is whether a patent stops progress or creates progress. It only creates progress in the incentive for new work to be done.

      The purpose of patents is not to create an incentive for new work to be done. The purpose is to enable new work to build on older (patented) work, by convincing inventors to publish their inventions rather than keeping them secret.

      The way to tell if a patent system is working is to look at how many inventors are making use of the patent database to get ideas, or to find solutions to problems they're struggling with. A really good patent system would make the following interaction commonplace (but with real content rather than technobabble):

      Engineer: Hey, boss, I've been trying to come up with a way to reverse the polarity in the tachyon waveform inducer and I'm having some trouble. I have some ideas about how to solve it, but I think it's going to take me at least six months to work out the details.

      Manager: Hmm. We had planned to have that done by the end of the quarter. Have you done a patent search to see if this is a solved problem?

      Engineer: Not yet, but it's on my list of things to do. You really think someone has already got this figured out, and published it?

      Manager: Heck if I know, but with millions of new patents being filed every year, I'd say it's worth at least a couple of hours searching.

      Engineer: I'll get right on that.

      [A couple of hours pass]

      Engineer: Hey, boss! Good idea on the patent search. It turns out that an inventor in Okeechobee filed a patent for a really slick tachyon induction polarity inverter just last year. It's exactly what we need and she's already solved a bunch of problems I hadn't even considered. I think I can have a working prototype integrated within a few days after we get a license to the patent.

      Mangaer: Great! Send me the patent number and I'll have our attorney get a letter to her right away. I'll bet we can get a license within the week. This will cut a month -- maybe two! -- off the time to market for our new product. Thank goodness for patents!

      --
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    7. Re:Patents as well by dcollins · · Score: 3, Interesting

      "Are you really that fucking stupid??? *Every* university requires that their graduate students and professors sign away all their intellectual work while at the university."

      Bullshit. For example, CUNY policy on intellectual property (http://portal.cuny.edu/cms/id/cuny/documents/level_3_page/001173.htm)

      General Rule:
      1. The Creator shall own all rights in Copyrightable Works.
      2. The University shall own all rights in other Intellectual Property.

      So clearly not "every university" and not "all intellectual work". Note that CUNY is the largest urban university in the U.S. (http://en.wikipedia.org/wiki/CUNY).

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    8. Re:Patents as well by Phillip2 · · Score: 3, Insightful

      > General Rule:
      > 1. The Creator shall own all rights in Copyrightable Works.
      > 2. The University shall own all rights in other Intellectual Property.

      You missed out the entirety of the next paragraph which define the exceptions. As these cover almost all of the
      most likely scenarios, it's a little empty. The policy does mean that if you write a text book, or you might be able
      to retain copyright, although under normal employment law, the university would own that.

      So the original poster was a bit strong in their statement, but he is not far wrong. For the individual scientist,
      there is very little value in intellectual property; it's just a burden. And as anyone who has had to wade through
      IP agreements with any regularity will tell you, it's a substantial one.

      The interesting point is that the same most Universities also; in practice, they make very little money from third
      strand activities, including IP rights. There are, of course, the occasional exceptions, where a single piece of IP
      make a phenomenonal amount of cash.

      In the case of the original article, however, he is referring to scientific research outputs. The only people who make
      cash out of this are the publishers, who don't actually do anything useful any more. Scientists have kind of shot
      themselves in the feet here. I expect it will stop eventually, but it's currently tied up with our promotion and grant
      awarding systems.

      Phil

  2. Then don't publish there by reebmmm · · Score: 5, Insightful

    Look: copyright has nothing to do with it. If you don't want the publication locked up, don't publish in journals that make you give up all your rights or negotiate a different deal. The fact is, on this point, copyright isn't necessary because the terms of the contract would just take over. If the publisher didn't want you to publish outside its pay wall it could ask you via your contract regardless of the copyright in the work.

    This reflects more on the economic and business incentives of scientific journals than on copyright. The journals don't care about the copyright so much as they value the exclusivity and the first publication rights. Copyright is just a placeholder for a very simple non-publication clause and associated penalties (or liquidated damages).

    1. Re:Then don't publish there by Trepidity · · Score: 3, Interesting

      The paywall system wouldn't actually work without copyright. They could still manage to get anyone who signed a contract to agree not to republish it, but that would only bind the author. Other third parties might be bound by EULAs not to republish the version they accessed via a library, if the EULAs are enforceable contracts. But even in that case, if even one such third party leaked a bunch of PDFs onto the internet (violating their EULA), there would be nothing illegal about other people hosting it and republishing the articles, if they hadn't signed a contract (or agreed to an EULA). It's only copyright law that allows the publisher to demand takedowns of copies hosted by people with whom the publisher has no contractual relationship.

    2. Re:Then don't publish there by c0lo · · Score: 4, Insightful

      Bingo. I would love to publish all of my papers in open journals, but can't afford the "loss of prestige".

      Easily gained back: just refuse the Fields Medal after you publish a meaningful article on arxiv.org.
      What makes the "prestige" of a journal? Why an "open journal" would not be able to achieve the "prestigious" status? Who's to blame for the fact that anything "open" in science is associated with the lost of prestige... even if there are "prestigious open source projects"?

      If the academia doesn't like to contribute by at least a honest "open-source-like" peer-reviewing the work of others, why should I give away the protection of the copyright laws for my GPLv3 open-source code?

      --
      Questions raise, answers kill. Raise questions to stay alive.
    3. Re:Then don't publish there by ObsessiveMathsFreak · · Score: 5, Insightful

      Nice advice, but that doesn't help me as a researcher right now.

      Every day, as I search for papers to research, I encounter pay-walls asking for $30, $40, $50 for a single paper. If I had paid for every paper I wanted to read of the course of my academic career, I the bill would have run into the tens of thousands.

      Multiply that by the number of researcher in the world and you begin to grasp the scale of the legacy problem that the world research community is facing. The last 75+ years of published papers are locked up forever in what is essentially an extortion racket.

      Bottom line, following market philosophies and greed, the academic publishing industry has hiked prices to unbelievable levels. $40 for a 200KB pdf is by now, the industry standard price. True, researchers need not pay such costs up front if their library has paid for a subscription to the required journal, but this merely passes the cost to the library and the institution to which it is attached. (I suspect researchers at wealthier institutions are utterly oblivious to the problem of academic pay-walls as their libraries have subscriptions to everything.)

      My position is simple. We don't need the academic publishing industry(Except for their illgotten trove of past papers). Papers are written, reviewed, and edited by academic volunteers for free. What should simply happen is that universities should publish their own journals, online, using the simple, cheap web distribution methods.

      The academic publishers would kick and scream about government monopolies and such rot, but they are nothing more than parasites who are stifling legitimate academic research and progress and should be ignored. Their "services" cost no more than pennies for each journal annually, yet we are expected to pay a significant percentage of our national GDPs to access research which was originally funding by the public purse anyway. Scams like this make me wonder if something is pathologically wrong with western society.

      --
      May the Maths Be with you!
  3. Stallman's been saying it since 2001 by ciaran_o_riordan · · Score: 5, Informative

    Here's an article he got published in Nature back in 2001

    http://www.nature.com/nature/debates/e-access/Articles/stallman.html

    1. Re:Stallman's been saying it since 2001 by bmo · · Score: 3, Informative

      >He even claims the author can require require distribution of the source even if you merely run the software, as in the AGPL

      BULLSHIT.

      9. Acceptance Not Required for Having Copies.
      You are not required to accept this License in order to receive or run a copy of the Program.

      What part of that do you not understand?

      It's amazing how idiots like you read a license and then state with a straight face shit you know is wrong.

      Restrictions? What about the restrictions on commercial software? Where is your freedom to make a clone of Word by reverse engineering the software, which the Microsoft EULA specifically forbids?

      Go fuck yourself. I'm tired of hearing the unfounded GPL hate. You don't like the GPL? Fine. Don't use someone else's software published under the GPL. Don't download it. Don't modify it. And most of all don't distribute it if you are unwilling to follow the terms of the GPL

      Sure is Softie shill FUD in here. Go astroturf somewhere else, asshole.

      --
      BMO

    2. Re:Stallman's been saying it since 2001 by SETIGuy · · Score: 5, Insightful

      The GPL license doesn't make it illegal to distribute software unless you comply with the demand you also distribute the source. It's already illegal to distribute software that you don't own the copyright to. The GPL makes it legal to distribute the software iff you also distribute the source. The distinction is important, and you have failed to notice it.

    3. Re:Stallman's been saying it since 2001 by Omnifarious · · Score: 3, Informative

      Your characterization of the GPL is interestingly rabid, and your depiction of the AGPL is not entirely accurate. The AGPL only kicks in if people other than yourself access the software over a network. You could easily argue that much of what the software produces and sends over the network could be considered to be covered by copyright, and you are distributing all of that stuff to everybody who accesses it.

      But, regardless, even if you were 100% correct, there is no contradiction. RMS has stated in various places that while he feels the GPL is the right license for 'functional works', for programs basically, that it may not be the right license for all things currently covered by copyright. For example, the GFDL is distinctly different from the GPL is several respects.

  4. Limited resources by diamondmagic · · Score: 4, Interesting

    Under natural law, you typically only own that which is limited, in such a way you can control its use exclusively. But what about ideas? They aren't limited resources, anyone can create their own instance of an idea, an invention, a writing... http://mises.org/daily/5108/Ideas-Free-and-Unfree-A-Book-Commentary

  5. Copyright law has killed written articles? by interkin3tic · · Score: 5, Insightful

    I'm interested in this. Not interested enough to watch a 50 minute segment on it. Is there a transcript somewhere?

    If this is about open vs closed access journals

    1. The situation is rapidly improving. While it's not where it needs to be, in the last few years we've seen a lot more journals providing open access.
    2. The practice has been going on quite a while and we have yet to see science die. I don't think it can possibly be "killing" science. Limiting its potential, sure, but there's no way pay-for-access is having nearly as much effect as cutting funding for basic research.

    1. Re:Copyright law has killed written articles? by golden+age+villain · · Score: 3, Interesting

      Most science papers are put on free preprint servers such as the arXiv [arxiv.org] anyway.

      While arXiv and the like are popular in maths and physics, that is unfortunately definitely not true for science at large. In most of the life sciences for instance, papers are published in peer-reviewed journals with a paywall and only there. There is only a handful of publishers operating most journals in large portfolios and forcing the university libraries to cough up big bucks for the access even if they do not receive the journals in print. For Joe Sixpacks, it is even worse as the publishers sometimes ask as much as 40$ or 50$ for reading a single article.

      On the other hand, there are recent initiatives, like PLoS (http://www.plos.org/) and Frontiers (http://www.frontiersin.org/) which publish mostly online journals within a free-for-all access scheme. However, while anyone can read those articles, having them published costs quite a lot, around 2000€ roughly for both Frontiers and PLoS. So basically, while everyone can access those articles, only scientists from relatively rich institutions can actually publish in those journals. In all fairness, PLoS can offer the publication costs to some but still.

  6. Killing Science? by TapeCutter · · Score: 3, Insightful

    Hardly. This practice is a minor parasite riding on the back of Science, it's been there for at least 100yrs.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  7. Re:Words by themselves are nothing by dpbsmith · · Score: 5, Insightful

    For better or for worse, the "public option" probably deserves most of the credit for developing nuclear energy, the Internet, and space travel. Radio broadcasting as we know it was also large developed by the "public option," specifically university radio stations in the 1920s, a fact that was forgotten when radio became commercializable and commercial radio pretty well eclipsed the pioneers.

    I don't think anyone can say what would have happened if the government had not chosen to fund these developments. The fact is, in the particular parallel universe we live in, they were developed publicly.

  8. Re:Words by themselves are nothing by NoSig · · Score: 3, Insightful

    Pretty much the entirety of basic modern physics and modern cryptography. Companies are happy to turn government science into products they can profit from, they are not happy to fund basic research. Yet basic research is what those products come from in a longer perspective. Companies only do the last step of research because it is only at the last step that it becomes clear what the profitable outcome is going to be.

  9. Not the point by Chemisor · · Score: 3, Insightful

    A scientist does not publish papers so they could be read. He publishes so he can put the citation on his CV for the purpose of improving his employment. Most of those "peer-reviewed" journals are not read by anybody; their value lies not in availability, but in prestige.

    1. Re:Not the point by Bowling+Moses · · Score: 5, Insightful

      "A scientist does not publish papers so they could be read. He publishes so he can put the citation on his CV for the purpose of improving his employment. Most of those "peer-reviewed" journals are not read by anybody; their value lies not in availability, but in prestige."

      Do I publish articles to stick on my CV? You bet your ass. Those articles are at-a-glance evidence that when I say I know how to do skill set X, I've really done it. It also says that I get stuff done rather than sitting on my ass all day long. Where do I publish? The best journal I can (fuck Elsevier though) since prestige matters. Everybody knows what Science and Nature are. Everyone in your field also knows what the solid 2nd tier journals are and if you've published just there, that's ok. If you publish only in "The Whoosit Journal of Whatsit," then you've got a problem.

      Journal prestige aside, do I want people to read my papers? HELL YES! Does it matter if people read my papers? HELL YES! Why does it matter? If people read my papers it's because they're either interesting or relevant to their own work, or both. If they read my paper, they may cite it when they write up their own results or review article. Citation indexes exist, the most well known is probably google scholar. What the hell do you think journal prestige comes from if not from the citations the average paper published therein gets? The higher the rank of the journal, the pickier they are about what they let in, and the higher the expectations that it will get read, get cited, and influence people! Journal aside, if your paper has been out more than a year or two and nobody's cited it, your stuff doesn't fucking matter--expletive required. If your paper has been out five years and is still getting a half-dozen citations a year, you got a middling paper that fills in some important details in your field--good for you your research matters! If your paper has been out for five years and gets two dozen citations a year and you've got another half dozen just like it, then in your field you're a force to be reckoned with and everybody and their dog knows who you are. Even stepping out to related fields your name is familiar, and if you're out job hunting it's easy to check and see how influential you are by asking around your peers or checking citation indexes (google scholar again). If nobody cites your stuff, then nobody reads your stuff, and then your stuff might as well be published in "The Journal of Shit Nobody Cares About." Who wants to spend years doing shit nobody cares about? God damn right I want people to read my fucking work--expletives absolutely required.

  10. Re:Words by themselves are nothing by SETIGuy · · Score: 4, Insightful

    I know, I should avoid answering obvious trolls especially ones who see the world only in terms of a philosophy that, much like communism, doesn't ever work in practice.

    (2) is worse than (1) because not all science can produce a profit. Even if it can, it might not be an immediate enough profit. For example, how long did it take for the photoelectric effect to have a profitable application? How about quantum mechanics? General relativity? Heliocentrism? Modeling of stellar interiors? Sequencing genomes of lichen?

    If (2) worked the way you think it would, (1) never would have been developed because the rich wouldn't have allowed government to get in the way of their revenue generation.

  11. You can pretty much forget #2 by rsilvergun · · Score: 5, Informative

    Businesses don't bother with anything that doesn't have big, short term profit. They let the Guv'mint (sic) pay for it :(. Right now there's work being done on a Leukemia vaccine... in Europe. No company in the states would pay a dime for the research, because it'd be a one time vaccine that only benefits a few million people (many too poor to pay $$$ for medicine).

    Also, most of the major advances in basic science are done on the public dime, and then companies swoop in to monetize it. Look up the history of the Rail Roads in the US. Fact is, you can't build the giant cartel we know & love today w/o the Gov'mint (sic, again).

    --
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  12. Re:What if the Bible had a copyright? by Pfhorrest · · Score: 4, Informative

    Something close to that used to be the case. Not copyright per se because there was no such thing as printing and every Bible was transcribed by hand, but for about the first millennium and a half of the Church's existence most Bibles were written in Latin, which only the clergy could read. So to most people possessing a copy of the Bible would have been pointless; it was locked down, in effect, by a primitive DRM. A major point of the Protestant Reformation was the demand for Bibles written in the local languages so that people could actually read what God (supposedly) had said himself, rather than just taking the local priest's word for it.

    --
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  13. Re:Minor document correction by jc42 · · Score: 4, Insightful

    ...To prevent the Progress of Science and useful Arts, by securing for unlimited Times to the employers of Authors and Inventors and Trolls the exclusive Right to all Writings and Discoveries.

    There; FTFY. ;-)

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  14. Wrong by sqrt(2) · · Score: 3, Insightful

    Whereas copyright tends to focus on protecting artists' ability to make money from their work

    Nope. Stop right there. It may be said that it is supposed to do as such, but today we see copyright being used by PUBLISHERS to control the artists and restrict users. Copyright as it is today is immoral, and no one has an obligation to recognize it as legitimate. We're all free to disregard it as much as we can reasonably get away with without personal harm from the enforcers in government who slavishly back the copyright cartels at the expense of our freedom and culture.

    --
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  15. Professor/Researcher gets percentage of license by perpenso · · Score: 4, Informative

    Are you really that fucking stupid??? *Every* university requires that their graduate students and professors sign away all their intellectual work while at the university.

    At the University of California researchers, both faculty and students, are required to inform a technology transfer office of any discovery that is potentially patentable. This agency handles all the paperwork and other legal issues, and it also handles licensing the patent to interested commercial organizations. The fees collected for the licensing gets split:
    *** 25% for the researcher ***
    25% for the researcher's department
    50% for the UC system

    Also the fees take into account the nature of the licensing organization. Small local startups are changed less than large out-of-state conglomerates.

    At least that's what I recall from the presentation I attended in 2007.