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Elsevier Going After Authors Sharing Their Own Papers

David Gerard writes "Elsevier, in final desperation mode, is going after authors sharing their own papers online. Academia.edu has told several researchers that Elsevier 'is currently upping the ante in its opposition to academics sharing their own papers online.' This is the sounds of a boycott biting."

259 comments

  1. Breach of contract, copyright infringement by Anonymous Coward · · Score: 5, Interesting

    I agree that sharing these papers online is the right thing to do, but then maybe they shouldn't sign a contract giving up the right to do it?

    1. Re:Breach of contract, copyright infringement by K.+S.+Kyosuke · · Score: 5, Interesting

      You can't possibly infringe on copyright by sharing your own work. (At least not where I live. People in some countries may be fucked, though.)

      --
      Ezekiel 23:20
    2. Re:Breach of contract, copyright infringement by Hatta · · Score: 5, Informative

      Many of these journals require copyright assignment, at which point it's not your own work anymore. Just one more reason the traditional scientific publishing model needs to die a quick death.

      --
      Give me Classic Slashdot or give me death!
    3. Re:Breach of contract, copyright infringement by MickyTheIdiot · · Score: 5, Insightful

      I've said this before and I will say it again... corporations should be legally prohibited from owning copyrights. They should be legally limited to leasing copyrights from real persons. Copyrights were meant to make MORE material open, not to lock up material so that a corporate entity and gather rents without end.

    4. Re:Breach of contract, copyright infringement by DarwinSurvivor · · Score: 2

      Ok, so who would a company that designs and builds things (software companies, architectural firms, mechanical design companies, etc) "lease" the copyright from...?

    5. Re:Breach of contract, copyright infringement by Aaden42 · · Score: 3, Insightful

      Leasing doesn’t fix this problem. There’s no reason Slimy Pub Corp, Inc. can’t require authors to sign an exclusive 100 year agreement to lease the copyright only to them, their successors, and assigns. Perfectly valid under (US at least) contract law, and still gives the same end result where authors can no longer self-publish or otherwise distribute their own work. They still “own” the copyright, but they’ve contracted away their rights to do anything with it.

      I don’t know enough about the academic publishing situation to know why authors would agree to sign away self publishing rights, but presumably there’s some value to using Elsevier’s services, even if the “value” is only in the sense that authors are required to do it in order to be “published” and advance their careers.

      Requiring copyright ownership tied to the lifetime of a single real person would help against the destruction of the public domain (Sonny Bono Copyright Term Extension Act, and Disney’s perpetual ownership of what’s become intwined in common US culture), but it doesn’t prevent copyright owners from being compelled to sign away their rights in situations such as this one.

    6. Re:Breach of contract, copyright infringement by the_povinator · · Score: 5, Informative
      I had this problem, nearly a year ago, and as a result had to move my website from pages.google.com to my self-hosted website at www.danielpovey.com (I explain the situation there).

      What happened is I made available online a preprint of a paper that I had submitted to an Elsevier journal... this is explicitly allowed by the terms you agree to (the preprint is the draft version that you submit to the journal, before the reviewers suggest changes). Anyway, Elsevier's people submitted a DMCA request to Google, even though what I was doing was 100% allowed, and this caused Google to take down my whole homepage. Google restored my website about a week later, after I submitted a counter-notification or whatever they call it, but by that time I'd decided to move to self-hosting.

      So yes, fuck Elsevier.

      Dan

      --
      The .sig is dead, and I believe I had a hand in killing it.
    7. Re:Breach of contract, copyright infringement by K.+S.+Kyosuke · · Score: 4, Insightful

      Many of these journals require copyright assignment, at which point it's not your own work anymore.

      I think this is exactly the situation for which the "void where prohibited by law" phrase was invented.

      --
      Ezekiel 23:20
    8. Re:Breach of contract, copyright infringement by mspohr · · Score: 5, Interesting

      The people who actually did the work and wrote the manual or designed the project.
      Corporations are not people. Corporations cannot create any "works". People create works. People should own their creations.

      --
      I don't read your sig. Why are you reading mine?
    9. Re:Breach of contract, copyright infringement by mspohr · · Score: 1

      You could have the copyright law state that you always have a right to your own work. You can give or rent or lease it to others to use but you would always have a right to the work and you couldn't prevent the author from having the right to copy the work.

      --
      I don't read your sig. Why are you reading mine?
    10. Re:Breach of contract, copyright infringement by lgw · · Score: 1

      I'm OK with corporations owning "work for hire" work - if you do the work as an employee, IMO it's OK for the employer to own the copywrite. It would be vastly harder to get a job otherwise. If you want to ban anyone ("corporations" is a distraction) from acquiring copyright from an individual (not work for hire), I'd be OK with that, but I'm not sure what the difference between "copyright" and "exclusive distribution license" would be in practice.

      But it's just nuts that that applies in any way to academia.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    11. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 0

      You could have it written in the law that the original holder can nullify said agreement at will if it is beyond, say, 5 years.
      That seems to fix everything I think. Can't see much of it being used for wrong. Admittedly I only spent 12 seconds thinking about possible scenarios.

    12. Re:Breach of contract, copyright infringement by AliasMarlowe · · Score: 1

      So yes, fuck Elsevier.

      You are too kind. They might possibly enjoy it.
      Instead, ream them with commensurate consideration: insert baseball bat in glue, then in broken glass, then in ...

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    13. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 4, Informative

      Corporations pretty much are equivalent to people under US law. They have many of the same rights including the right to donate to politicians....

    14. Re:Breach of contract, copyright infringement by interkin3tic · · Score: 2

      Yeah, but it's nice to have your cake and eat it too. Researchers need to publish in the highest impact journal they can, that's unfortuantely still elsevier in many cases. And Elsevier doesn't give you the option to publish WITHOUT signing all your rights away.

      So you're right, but I'm still blaming elsevier for doing a bit of arm twisting. Unnecessary arm-twisting at that. Universities are still going to pay elsevier for subscriptions to their journals. They're not going to say "Researchers often put their papers on their webpages, so we don't need to pay a subscription."

    15. Re:Breach of contract, copyright infringement by davecb · · Score: 4, Informative

      In countries like Canada, authors have "moral rights" under copyright law, specifically including the right to be be named as the author of a work, even if it is paid for by another. These cannot be waived, and in some specific cases can only be assigned.

      One might declare a non-assignable moral right to make available one's work, including for purposes of showing a "portfolio" of one's work, or making scholarly works available to other scholars.

      --
      davecb@spamcop.net
    16. Re:Breach of contract, copyright infringement by davecb · · Score: 1

      Universities in at least Canada are starting to push back against "copyright collectives", and have similar concerns about scholarly publishers.

      --
      davecb@spamcop.net
    17. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 0, Troll

      Ok, so who would a company that designs and builds things (software companies, architectural firms, mechanical design companies, etc) "lease" the copyright from...?

      To quote the post of MickyTheIdiot that you responded to, "they should be legally limited to leasing copyrights from real persons."

      If the point of your post was to demonstrate your lack of reading skills, you've succeeded. If your post has some other point, I'm afraid you're going to have to explain it.

    18. Re:Breach of contract, copyright infringement by Hatta · · Score: 3, Insightful

      Everyone should be legally prohibited from owning copyrights. As in copyright should be abolished entirely. If I own an item, it's my right to do with it what I see fit. Use as intended, destroy, reverse engineer, or copy.

      --
      Give me Classic Slashdot or give me death!
    19. Re:Breach of contract, copyright infringement by trackedvehicle · · Score: 5, Insightful

      Many of these journals require copyright assignment, at which point it's not your own work anymore. Just one more reason the traditional scientific publishing model needs to die a quick death.

      Many? More like... all of them! As a scientist, I am fucking sick of copyrights. Maybe they're useful for some (but certainly not all) artists, but for scientists they are nothing but a way for big media (and Elsevier, Nature Publishing etc. are big media) to wrestle control of the scientist's work away from the scientist him/herself.

    20. Re:Breach of contract, copyright infringement by David+Gerard · · Score: 4, Interesting

      But Alicia Wise, Director of Access & Policy at Elsevier, says that couldn't possibly have happened!

      I've called it to her attention. Possibly she will even respond! Who knows?

      --
      http://rocknerd.co.uk
    21. Re:Breach of contract, copyright infringement by next_ghost · · Score: 1

      You could have it written in the law that the original holder can nullify said agreement at will if it is beyond, say, 5 years. That seems to fix everything I think. Can't see much of it being used for wrong. Admittedly I only spent 12 seconds thinking about possible scenarios.

      Good idea (US copyright law currently allows the author to unilaterally terminate the copyright assignment after 35 years with a notice 2 years in advance) but it doesn't fix everything by a long shot. If you really want to fix the copyright mess, the only way is to get rid of copyright completely and replace it with payrights. (When somebody makes money off your work which would be eligible for copyright at this moment, he owes you an unspecified cut of his revenue. You can sue for money but you can't shut his business down. And of course zero revenue means zero cut to be paid.)

    22. Re:Breach of contract, copyright infringement by next_ghost · · Score: 2

      You people think copyrights only job is to make material open?

      It says so in Article I, Section 8, Clause 8 of US Constitution: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

      But we all know that the government doesn't care.

    23. Re:Breach of contract, copyright infringement by spire3661 · · Score: 4, Informative

      You can do all those things under current copyright. What you can't do, and what copyright is truly concerned with is DISTRIBUTION to others.

      --
      Good-bye
    24. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 1

      That is due entirely to the overlooked actions of a SCOTUS clerk deliberately misinterpreting the law.

      It can be taken away.

      It should be taken away.

      It MUST be taken away.

      The GP is right.

    25. Re:Breach of contract, copyright infringement by xaxa · · Score: 4, Informative

      I don’t know enough about the academic publishing situation to know why authors would agree to sign away self publishing rights, but presumably there’s some value to using Elsevier’s services, even if the “value” is only in the sense that authors are required to do it in order to be “published” and advance their careers.

      I may have misinterpreted, but that sounds like you're suggesting scientists only publish work for selfish reasons (for their own career). Publishing work in a peer-reviewed journal is part of the process which shows the research is reasonable, and -- in theory -- puts it somewhere where it can be accessed by other scientists, validated or contested, and cited. It's often a requirement of receiving a grant, including from the/a government.

    26. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 0

      Actually I think that's the way it works in Denmark.

    27. Re:Breach of contract, copyright infringement by Oligonicella · · Score: 3, Insightful

      The people who actually did the work and wrote the manual or designed the project.

      Of course, they'll return their salaries? That's the reason they were paid, you know, to produce something for someone else. Do you also think that an artist should be able to come along later and remove a painting or sculpture because it's "theirs" because they created it? If the answer is no because someone paid them for the work, you have a problem with your original logic. .

    28. Re:Breach of contract, copyright infringement by LurkerXXX · · Score: 1

      They need the right to the death penalty.

    29. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 0

      And that right there is the crux of the problem.

      Why should a corporation have all of the *RIGHTS* of a person, with NONE of the responsibilities thereof?

      Who goes to prison when a corporation kills someone, steals their money / property, causes irreperable harm? Nobody - and the corporation just pays out a pittance.

      Make it so that the corporation isn't a person, that their senior officers are held accountable for the corporations actions, that and majority stock-holders.

      Company does something illegal, these are the people that will do the time for the crime.

      If a war starts up, these are the people that will be drafted. These are the people that will pay the taxes on the corporate income (they are the ones who can most afford it).

      Basically make it so that the idea behind creating a corporation (hiding people's illegal activities behind a shield of can't touch me corporate un-personhood) is no longer so appealing.

      Oh - corporations should never be able to lobby, donate to political causes or anything else like that. Corporations should be forced to make their customers #1, their employees #2, and shareholders absolutely last place as far as decision-making policies go.

    30. Re: Breach of contract, copyright infringement by MickLinux · · Score: 0

      I'll go you one better. I'm okay with slaves being physically beaten, because it would be vastly harder to be a slave otherwise.

      See? I can be as capitalist as you.

      My alter ego questions whether things might not be better without 'getting a job' being viewed as inherently good, or worse, necessary.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    31. Re: Breach of contract, copyright infringement by viperidaenz · · Score: 1

      Tie the copyright to someone's life? So all I have to do to make a copyright lawsuit disappear is to have them killed?

    32. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 0

      Eh - easy fix.

      Real person creates something - patent 10 years.
      Corporation creates something - patent 2 years.

      Real person writes something - copyright 10 years.
      Corporation writes something - copyright 2 years.

      Corporate level copyrights / patents should be a 2 year maximum, so that they have to continue to evolve/create, not sit on their collective asses (not assets) stealing money from everyone else in perpetuity.

    33. Re:Breach of contract, copyright infringement by mpmansell · · Score: 1

      Would this action not have put them in breach of contract? Could you not seek a termination of said contract, with subsequent loss of their 'rights' to your paper, as well as costs and compensation to yourself for both the breach and the implied dafamation? Also wouldn't there also be a spurious takedown which might help you in the other a rguments?

    34. Re:Breach of contract, copyright infringement by the_povinator · · Score: 1

      I have better things to do than to sue Elsevier. Anyway, I'm pretty sure you have no such recourse against false takedown notices.

      --
      The .sig is dead, and I believe I had a hand in killing it.
    35. Re:Breach of contract, copyright infringement by davester666 · · Score: 1

      So, what will happen is that the corporation will designate some individual they hire to be the "copyright holder of record", and he will be employed under a very strict contract detailing how he is completely tied to the corporation and must do everything it asks of him, or else he must immediately transfer everything that he holds copyright to to another individual. Everyone else creating copyright material for that corporation will be required to assign it over to that individual.

      Effectively, nothing will change.

      --
      Sleep your way to a whiter smile...date a dentist!
    36. Re:Breach of contract, copyright infringement by sumdumass · · Score: 1

      You seem to think a corporation is a sentient being or something. The fact of the matter is that a corporation cannot and will not act on anything unless someone at the wheel makes it do so. This person and these people are the ones who bear most of the responsibilities, criminal and civil liabilities, and so on. And as such, the liabilities are only to the point that it can be proven they acted wrongly or in some way that exposed their liabilities. The corporation is also liable vicariously to some extend and in some situations, statutorily in others.

      A corporation is nothing but a took to protect you from liabilities for the actions of others. Those others and their actions are still completely answerable just as you might be- especially if it is a board member or anything other management or officer in the company. If you have proof they are behind something, then they can be held to answer for it.

    37. Re:Breach of contract, copyright infringement by DarwinSurvivor · · Score: 1

      If a software company's copyright expires after 2 years, that company will have no incentive to release updates and fixes for the software once it has entered the public domain. This isn't much of an issue for games and stuff (which sell most of their copies right away), but would be a virtual death sentence to companies that write groupware, server code, operating systems or anything else that people "use" continuously. Note: My views above do not apply to patents, only copyright!

    38. Re:Breach of contract, copyright infringement by sumdumass · · Score: 1

      Corporate creates something- the CEO files the patent or copyright or leases it from the real person exclusively with all rights until the end of the person's term.

      You see, nothing different would come from having two separate spans. Keep them relatively equal and somewhat moderate in term length and things should get a lot better.

    39. Re: Breach of contract, copyright infringement by sumdumass · · Score: 1

      Do you really equate slaves and beatings to being employed and producing something in that employment for compensation?

      I have a hard time thinking you are serious. But if you are, you definitely should not be listened to.

    40. Re:Breach of contract, copyright infringement by Z00L00K · · Score: 1

      Change the Copyright law so that the creator(s) of a work never ever can transfer the copyright - they shall only be able to grant non-exclusive publishing rights.

      This means that no publisher shall be able to bully themselves to the position where they are in control of the information - it's the creator.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    41. Re:Breach of contract, copyright infringement by fnj · · Score: 1

      Then DO NOT engage filth^Wfirms like Elsevier to publish your work under these egregious terms. This is not the age of the priesthood. Self publishing has become very low cost.

      I don't see why anyone would think that Copyright is any inherent problem. On the contrary, it protects the writer's own rights. The problem is when the author voluntarily yields his copyright to somebody else in return for some consideration. Unless that consideration is damn valuable, why do that?

      I DO see a huge potential here for enlightened publishers to set up shop and clean Elsevier's clock by taking all their business.

    42. Re:Breach of contract, copyright infringement by ultranova · · Score: 3, Interesting

      You seem to think a corporation is a sentient being or something.

      In a sense, it is. A corporation is an interacting organization of information-handling units, and your brain is an interacting organization of information-handling units. The difference is that employees have much greater internal than external bandwidth, and don't exist solely in the context of the corporation; nonetheless, a corporation typically has its own culture - it's own personality - separate from any one individual.

      This is true of other organizations too, and is the reason why it makes sense to be talking about "China" and "USA" like they were living things. Sure, every action they actually take is taken by someone on their behalf, but there's an entity authorizing that, dispersed in little bits and pieces into millions of humans. It could be described as a lifeform inhabiting the noosphere, and since the capacity to produce said sphere of culture is very new and unoptimized, evolutionarily speaking, the entity is pretty primitive yet. Of course, as we continue to evolve, so do our shadows, and it might be an interesting experiment to make those pieces better able to communicate and see if that might result in true self-awareness.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    43. Re:Breach of contract, copyright infringement by sumdumass · · Score: 1

      While it is true that corporations act in their own interests, they simply cannot act without someone actually acting. Even if it is run by computers, someone has to direct them to respond in specific ways. The entire idea of a corporation being a person is that it needs to be an entity separate from the owners who take no control in it's operations.

      This is why referring to a corporation as an entity is proper in some respects but when it violates a law, it is actually those inside it that violate the law. No corporation can exist if it's policy is to violate the law or to cause a person's death (unless you are some kind of mercenary or something). If a corporation does something and people die, it is people inside the corporation that did something and people died. Sometimes nothing happens and a defect causes the death (like a weld in a tank corroding away due to some unseen and unknown impurities in the welding rod and the resulting rupture releases poison into the air) and that would be a lot like a tree falling and killing people. You certainly can't put nature in jail nor could we sue God and get payment. There are remedies if the home owner knew the tree was about to fall and didn't take steps but that is more of an example of someone choosing to act or not act in a certain way.

    44. Re:Breach of contract, copyright infringement by Altrag · · Score: 1

      No, but there's no problem with the original logic. It would be more akin to the purchaser signing the painting and claiming that they created it while the artist fades into obscurity.

      Of course equating a physical work such as a painting with a digital work such as a software program is a giant, much-derided fallacy in itself. If the artist comes and takes his painting back, he's deprived the purchaser of it. If they take a copy of the source code they created, the worst they can do is become a competitor and you have to fight it out in that whole free market thing everyone's been talking about lately.

    45. Re: Breach of contract, copyright infringement by epine · · Score: 1

      Tie the copyright to someone's life? So all I have to do to make a copyright lawsuit disappear is to have them killed?

      Tonya Harding is on the line, with a prior claim to that idea. I think you should pay up, or else.

      You can also kill people to prevent them from voting. Surprised it doesn't happen more often as it's so easy to do.

    46. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 0

      The only time morality is an issue in the US is when it's used as a justification for laws to oppress actual people, never corporations.

    47. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 1

      More than 20 years ago Elsevier was already doing some crazy copyright stuff that I found distasteful. They were hassling people that were using selected illustrations and text in order to put together scientific compilations of the taxonomy of a particular group of organisms. Basically it's a kind of "dictionary" of scientific names with pictures of the critters and their descriptions. It is not whole papers, but bits of them that probably fell under fair use. Sure, you could technically make a copyright infringement case, but it was non-profit, for scientific purposes, and (gets kind of technical here) it's pretty hard to avoid showing an illustration of the holotype specimen of a new species. Your only other option is to go to the museum where the specimen is stored and take your own picture, or contact the original author for such a picture, which is a pretty difficult option to implement when, in some cases, the original specimen is lost or destroyed and/or the original author is deceased.

      At the time Elsevier was pushing a legal case about this through the courts, I had a draft of a paper all set to submit to one of their journals. I was so insensed at this "Will obstruct scientific efforts for the sake of $$$$" attitude of Elsevier that I swore off publishing anything there. I reformated it and sent it to another journal that didn't have such a poor attitude. I haven't submitted anything of my own to an Elsevier journal since. So, I've been boycotting Elsevier for years before this boycott was organized.

      Elsevier are in it for the money. All publishers are, because they are running a business. But in Elsevier's case if that goes against common sense and scientific goals, so be it. Elsevier will burn every scientific bridge necessary. If and when Elsevier ever changes their policy from assigning copyright to licensing the work from the author who still retains it, which more and more journals are doing, then I'll reconsider. Until then, my personal boycott continues.

    48. Re: Breach of contract, copyright infringement by Aaden42 · · Score: 1

      Creating a copyright law that prevents you from selling exclusive right to use your work is worse than the current situation. That's pure Nanny State thinking. As a legal adult, I should be able to choose whether or not I want to transfer full ownership of my work to another person. The fact that I have the choice as to whether to transfer exclusive right or just grant non-exclusive use (thus retaining the right to self publish or make additional deals with others) can act as a bargaining chip. IE I'll grant you exclusive use for extra money.

      Copyright law a it stands (in the US) already grants sufficient protection to copyright owners, and in some cases excessive protection. Restricting how an author can dispose of ownership to their creation isn't a beneficial change.

      The problem fixed by a single real person ownership modification is that if corporations can own copyright, corps never die, and copyright never expires. Tying copyright life to the lifetime of a real person allows works to enter the public domain in a reasonable time frame. The original author is free to sell his copyright (even to a corp), but the creator is fixed at the time of creation, and the copyright will eventually expire. Whether you tie it to author's lifetime (life + 20), or just an absolute expiration from the date of creation (50 years), the perpetual lifetime of corporations shouldn't short circuit the intent that all copyrights should eventually expire.

      The stated intent of US copyright law was to encourage the creation of literary and other valuable works by ensuring that the author could make a living from creating them. There's more benefit to ensuring an author can get paid, but should still keep writing more to keep getting paid than there is to making one act of creation a perpetual payoff for all time.

      How much does the culture benefit from yet another Mickey Mouse cartoon versus actually having someone with some creative talent create something new, and develop a new character?

    49. Re:Breach of contract, copyright infringement by clifyt · · Score: 1

      I gotta say, I don't see how this is a 'moral' right...I use to be a hired gun musician and worked on a lot of people's work.

      In in no way did I ever want my name on any of these works, the only name I wanted was on my check. The people I worked with took it for face value that I worked on any of this stuff, and if they didn't, they weren't the type of clients I needed thus the portfolio was good enough.

      As a current academic, the only time I've ever had problems was when the university decided to illegally take my work and sell it...there was no way I was going to sign a document not allowing my wok to be available. Any academic that can't read a contract is an idiot that shouldn't be an academic.

    50. Re:Breach of contract, copyright infringement by drolli · · Score: 1

      Exactly my opinion. The final article *as it was published* in the Journal can be theirs, if they wish. The preprint version sent to publisher has seen no work from them.

    51. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 0

      As a scientist, I am fucking sick of copyrights. Maybe they're useful for some (but certainly not all) artists, but for scientists they are nothing but a way for big media (and Elsevier, Nature Publishing etc. are big media) to wrestle control of the scientist's work away from the scientist him/herself.

      When I hear stories like these, I can't help but think what if the academic world united and set up a non-profit organization producing their own journals. Set up a web site, hire some good editors (from Elsevier?) and presto! Problem solved. What's holding them back?

    52. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 0

      So you won't start yapping if I take your precious piece of GPL software, modify it and release a binary blob without sharing source? After all, copyringht (yes, copyright, not your precious GPL) is the only thing which prevents me from doing so.

    53. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 0

      That's because you've never created and sold anything original in your life.

    54. Re:Breach of contract, copyright infringement by davecb · · Score: 1

      They're called "moral" rights to distinguish them from economic rights. In your case, they allow you to control whether your name is on the work or whether you wish a pseudonym used to prevent your name from being mentioned in reference to it (;-))

      In Canada they came out of a Criminal Code amendment to prevent plays from being stolen and the author's name changed. The theft was breach of an economic right, the renaming a breach of a moral right.

      --
      davecb@spamcop.net
    55. Re:Breach of contract, copyright infringement by davecb · · Score: 1

      Americans don't have moral rights, only economic ones (;-))

      --
      davecb@spamcop.net
    56. Re:Breach of contract, copyright infringement by torsmo · · Score: 1

      What's holding them back?

      That fact that it's not there already.

    57. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 0

      Paid for research ?!
      I want to know where you live!
      Papers published in peer-reviewed journals are paid-for by the universities who hire researchers to do the work. Elsevier just takes the work and publishes it. Nowhere in this equation does Elsevier pay for articles or even research.

    58. Re:Breach of contract, copyright infringement by David+Gerard · · Score: 1

      Povinator - do you have a copy of the DMCA notice that can be put up? A copy that people can link to would be most useful.

      --
      http://rocknerd.co.uk
    59. Re:Breach of contract, copyright infringement by the_povinator · · Score: 1
      The DMCA request they sent is on my website here:

      http://www.danielpovey.com/dmca.html

      --
      The .sig is dead, and I believe I had a hand in killing it.
    60. Re:Breach of contract, copyright infringement by David+Gerard · · Score: 1

      Alicia would like your takedown notice to investigate. (Please do let the world know the results.)

      --
      http://rocknerd.co.uk
    61. Re: Breach of contract, copyright infringement by viperidaenz · · Score: 1

      The numbers are not really in favour for killing people who don't vote for you. You potentially need to kill the majority of a population to guarantee a vote.
      If someone threatens you with a $100M dollar lawsuit it costs $10M to defend and it only costs $100k to hire a hitman, the numbers look better. You're looking at 100x to 1000x the cost if you win or lose.

    62. Re: Breach of contract, copyright infringement by MickLinux · · Score: 1

      Actually, the equating has to do with freedom versus social norms. I tend to think that if we were not in the midst of a dark age, we would have people mostly producing their own food and necessities, and trading as benefitted them, instead of being contracted out for the profit of the masters of the universe.

      It is the latter situation that makes taxation so extremely profitable to said MOTUs.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    63. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 0

      If I own an item, it's my right to do with it what I see fit. Use as intended, destroy, reverse engineer, or copy.

      You can do all those things under current copyright.

      Not quite. You know, there is a reason it's called copyright.

      I assume you overlooked that last part. Although there are limited exceptions, unrestricted copying is not allowed under current copyright.

    64. Re:Breach of contract, copyright infringement by ultranova · · Score: 1

      While it is true that corporations act in their own interests, they simply cannot act without someone actually acting.

      True, but the same is also true for you. You can't act without your neurons firing, your muscle cells contracting, your glands secreting hormones etc. all on your behalf. Every single one of your cells is a functional unit and has its own independent life; that can have rather nasty consequences in some circumstances (cancer etc.). "Sumdumass" is basically a colony organism, in other words, an organisation.

      This is why referring to a corporation as an entity is proper in some respects but when it violates a law, it is actually those inside it that violate the law.

      True, because unlike your individual neural cells you do have the capacity to comprehend the concept of law. However, the culture of an organization absolutely affects the likelihood of this. Just compare, say, Red Cross and Mafia.

      No corporation can exist if it's policy is to violate the law or to cause a person's death (unless you are some kind of mercenary or something).

      Or the Mafia, or the CIA/MI6/whatever. It's just that those organizations which don't behave tend to be hunted down by those who do (or are bigger and stronger, in the case of government and its servant organizations).

      If a corporation does something and people die, it is people inside the corporation that did something and people died.

      True, but then again, that action can be further traced to individual neurons firing inside their brains.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    65. Re:Breach of contract, copyright infringement by whovian · · Score: 1

      Many of these journals require copyright assignment, at which point it's not your own work anymore. Just one more reason the traditional scientific publishing model needs to die a quick death.

      The work (i.e., content) should still be the authors'. Technically, it's the format of the content that the journal owns. Requiring camera-ready formatting from the authors is just added insult to an exploitive economic model.

      --
      To-do List: Receive telemarketing call during a tornado warning. Check.
  2. wait by hamburger+lady · · Score: 1

    the authors are trying to do what now? it isn't clear at all.

    --

    ---
    Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    1. Re: wait by robot256 · · Score: 3, Interesting

      The news here is that Elsevier has given up their unspoken tradition of non-enforcement when researchers share their own papers. It isn't clear here whether the papers in question were the pre- or post-editing versions; typically the former were considered fair game. Now that the contract is being interpreted more broadly than it had been (no matter what their actual rights were originally), it becomes even more onerous for would-be customers.

    2. Re:wait by Anonymous Coward · · Score: 5, Informative

      Short explanation:

      When a paper writer contributes a document to be published by Elsevier, they sign away their own rights to the document to allow them to be published.

      Most of the people that write these documents also post these documents on their own websites anyway.

      In this situation, Elsevier sent a take-down notice to Academia.edu who was hosting one of these documents (that he'd posted on Academia.edu). Academia.edu sent him a letter basically saying that they felt that this was a terrible thing to do, but they had no choice.

    3. Re: wait by Anonymous Coward · · Score: 0

      Yeah, that's what it's sounding like. I mean, if it were Elsevier trying to muscle in on authors who aren't under contract to them and making mafia-esque "nice paper you've got there, shame if something were to happen to it" threats, sure, that'd be horrible. But this sounds like the authors made contracts with Elsevier, part of those contracts said NOT to undermine Elsevier's business partly in exchange for getting paid, and the authors violated said contract. Advantage: Elsevier.

      And what's this with "Elsevier, in final desperation mode"? Are they going out of business? Or is this wishful thinking on the submitter's part? Because last I knew, they were still a major power in the whole academic paper racket. This is sounding to me the same as if I heard "Apple, in final desperation mode, refused to service MacBooks with Linux installed on them".

    4. Re:wait by hamburger+lady · · Score: 1

      so they're sharing their own papers. well, why didn't the story mention that?

      --

      ---
      Is this the MPAA? Is this the RIAA? Is this the DMCA? I thought it was the USA!
    5. Re: wait by MickyTheIdiot · · Score: 1

      I agree and disagree. Agree that the contracts should be better, but disagree from the aspect that these type of contracts come from the unspoken assumption that they are agreements between equals. It's not. Most contracts between individuals and corporate entities right now are very unequal. Individuals have to sign the contract or they are screwed and corporate entities take huge advantage of that. In this case at least the researcher has some power to take the paper someplace else, but I'm sure that varies based on the field a researcher is in and how high profile the researcher is. Corporations are high concentrations of power, and the idea that contracts are signed by absolute free will as an agreement among equals is laughable.

    6. Re:wait by Aaden42 · · Score: 1

      Because contractually, it’s largely irrelevant. They may be the author of the paper, but if they’ve signed a contract pledging to not publish the papers and they’re doing it anyway, they’re in breach of contract.

      No idea what’s in the contracts in question, but sending a C&D might actually be the polite thing for Elsevier to be doing. If the contract has any penalty or breach clauses, Elsevier might be entitled to damages, withheld payments, etc. against authors who violate their contract.

    7. Re:wait by Anonymous Coward · · Score: 3, Funny

      Withheld payments? Hilarious. That would require these contracts to actually pay the authors...

    8. Re: wait by Trepidity · · Score: 3, Insightful

      I wonder if this is really aimed at academia.edu rather than the authors. As far as I can tell, Elsevier hasn't (yet, at least) gone after academics posting their own papers on their own website in the traditional manner, i.e. as a PDF at www.university.edu/~jsmith/papers/smith2013bigresult.pdf.

    9. Re: wait by Anonymous Coward · · Score: 0

      As someone who has quite a few papers with Elsevier, I understand this more than most. Honestly, I don't give a damn what the policy is, as long as it is somewhat fairly enforced -- academics is a competitive world.

      The people that act all hurt that all research isn't spoon-fed to them for free annoy the hell out of me. Frankly, I know of nobody that uses academia.edu, and 90% of the time if you email the person and say "can I have a copy of your paper?", you'll get one... this is just going after people that post their pdfs online, which frankly is convenient, but not important.

    10. Re: wait by teslar · · Score: 4, Informative

      It isn't clear here whether the papers in question were the pre- or post-editing versions

      They are going after the final, published versions (including Elsevier formatting and all), commercial use of accepted manuscripts, systematic distribution and the like (some of which applies to academia.edu). In other words, what you said was fair game still is - you are allowed to share the accepted manuscript with others (including on your website where Google Scholar will pick it up and render it discoverable in a matter of days, so it's not like this restricts you), you (or anyone else) just can't make money off it and you can't use their typesetting.

      For the accepted manuscript version, let me just quote from Elsevier's author rights:

      Elsevier believes that individual authors should be able to distribute their AAMs for their personal voluntary needs and interests, e.g. posting to their websites or their institutionâ(TM)s repository, e-mailing to colleagues. However, our policies differ regarding the systematic aggregation or distribution of AAMs to ensure the sustainability of the journals to which AAMs are submitted. Therefore, deposit in, or posting to, subject-oriented or centralized repositories (such as PubMed Central), or institutional repositories with systematic posting mandates is permitted only under specific agreements between Elsevier and the repository, agency or institution, and only consistent with the publisherâ(TM)s policies concerning such repositories. Voluntary posting of AAMs in the arXiv subject repository is permitted.

      So you can see how academia.edu falls foul of this while your right to share your work does not.

      (Some of my papers are published in Elsevier journals - they are however also all open access. In case you're wondering.)

    11. Re:wait by Impy+the+Impiuos+Imp · · Score: 1

      As with fiction, publishers take a financial risk on your work, and hence demanding exclusivity in contracts is reasonable.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    12. Re: wait by crunchygranola · · Score: 3, Informative

      ...But this sounds like the authors made contracts with Elsevier, part of those contracts said NOT to undermine Elsevier's business partly in exchange for getting paid, and the authors violated said contract ....

      Evidently you are unaware that Elsevier pays authors nothing for their papers! Instead, there may be page fees the author must pay to get the article published (depending on journal).

      Pay nothing for the research. Pay nothing to the author. And yet, the believe they can/should own the results of the research, not just the final edited, published paper.

      Sounds a bit mafia (or more precisely MAFIAA) practices.

      --
      Second class citizen of the New Gilded Age
    13. Re: wait by LordLimecat · · Score: 1

      Then dont give your research to Elsevier. Im not seeing the dilemma here.

    14. Re: wait by Anonymous Coward · · Score: 1

      (including Elsevier formatting and all),

      You know, you can download the LaTeX template and put anything you want in Elsevier format? It's not like it's a royal seal.

    15. Re: wait by Pinky's+Brain · · Score: 1

      Eh, we spoon feed you tax dollars ... and you act hurt when that gravy train stops too.

    16. Re:wait by kumanopuusan · · Score: 1

      Are you seriously suggesting that the journals are taking any financial risks at all?

      --
      Use of the words "good", "bad" or "evil" is almost invariably the result of oversimplification.
    17. Re: wait by David+Gerard · · Score: 3, Informative
      --
      http://rocknerd.co.uk
    18. Re: wait by David+Gerard · · Score: 2

      This claim is false: they go after preprints.

      http://science.slashdot.org/comments.pl?sid=4527505&cid=45622313

      I have asked Alicia Wise of Elsevier for an explanation, after her claim that they never do this.

      --
      http://rocknerd.co.uk
    19. Re: wait by Anonymous Coward · · Score: 0

      Eh, we spoon feed you tax dollars

      Really? That's funny, my research is funded by industry... and is in France. And even if my funding wasn't from industry, I'm assuming with a name like "Pinky's Brain" that you're not French. So your tax dollars come to me via...? I assume it's just that the money was sent my way, and you're holding it for me -- very considerate of you. You can wire me that money, right? It'd be useful, because I dunno what gravy train you mean... my tiny studio apartment takes half my income, and is like a third of the salary that the programmers on Slashdot seem to turn their nose up at. Research is no gravy train.

    20. Re: wait by Anonymous Coward · · Score: 0

      If you are required to share papers, (say by some university open access policy or requirements from the funding agency) you aren't allowed to share preprints or accepted manuscripts ever.

      Elsevier is just plain awful. I made the mistake of publishing one article there (though I also payed a lot for OA), and it won't happen again.

    21. Re:wait by Vairon · · Score: 1

      Considering they do not pay for these articles, what financial risk are they taking?

    22. Re: wait by Anonymous Coward · · Score: 0

      They don't actually use these LaTeX templates to publish in their journals. It just puts the manuscript in a markup language which they can translate into their own typesetting tools.

    23. Re:wait by Anonymous Coward · · Score: 0

      Seeing as how I've never signed anything for any publisher that can't possibly be right.
      They probably have it hidden away in a EULA somewhere.

    24. Re: wait by Maow · · Score: 4, Informative

      I wonder if this is really aimed at academia.edu rather than the authors. As far as I can tell, Elsevier hasn't (yet, at least) gone after academics posting their own papers on their own website in the traditional manner, i.e. as a PDF at www.university.edu/~jsmith/papers/smith2013bigresult.pdf.

      Just in case you missed this post by Danial Povey, it seems that is not the case.

    25. Re: wait by Anonymous Coward · · Score: 0

      I haven't. For something like 20 years I've made that concious decision. Unfortunately not all authors have paid close attention to this issue, or they are obliged by someone (other authors, their bosses, whatever) to publish in particular journals that the ever-expanding tentacles of Elsevier happen to own. The dilemma exists in whether you can afford to write off a wide swath of journals with high impact factors because of their copyright policies.

      As far as I'm concerned, I'd like Elsevier to do the right thing, but the more they act like idiots over this issue the more press there will be for their bad practices. Maybe that will wake people up to what jerks Elsevier have been for decades. All journals avidly and rightly defend their copyrights because it is in their business interests, but Elsevier has been the absolute worst in terms of the trivial situations in which they will do so.

    26. Re:wait by ais523 · · Score: 1

      Normally journals claim copyright on the published version of the paper, after it's been edited and typeset by the journal, and don't mind academics sharing the original "preprint" version that was edited and typeset by the original author. (They don't have any reasonable copyright claim on the preprints anyway.) Sending takedowns on preprints is unusual enough to make the news, which is why it's on Slashdot now.

      The journal also doesn't pay the academics for their papers; journals work like distributors in the retail market, i.e. their purpose is to make the papers more widely available / discoverable / searchable, in addition to reviewing them to ensure appropriateness and quality (although it's arguable that this is actually a useful function of the journal, given that they don't pay the reviewers either).

      Incidentally, my papers have been published in multiple conference proceedings, and I didn't sign a contract for any of them. I assume the contract exists, but the papers were all coauthored, and I think the journals only sought a contract with one of the authors. If this is indeed the case, it makes the situation even more complex.

      --
      (1)DOCOMEFROM!2~.2'~#1WHILE:1<-"'?.1$.2'~'"':1/.1$.2'~#0"$#65535'"$"'"'&.1$.2'~'#0$#65535'"$#0'~#32767$#1"
    27. Re: wait by Anonymous Coward · · Score: 0

      If you don't aim for the high impacts / prestigious journals, you will be shut out... The whole system of academic publishing revolves around prestige. Getting into high impact journal paves the way for your carreer. At least today. Even though it hopefully won't last many more years.

  3. GOOD by Anonymous Coward · · Score: 0

    Let the SOPA supporting scumbag organization die a quick death. It could not have been sooner.

  4. Too desperate to get published by icebike · · Score: 3, Interesting

    Why do these researchers transfer ALL copyrights, instead of just giving a non-exclusive copyright?

    Why not just put it on their institutional web server, and submit the link to google? I never
    saw a university that didn't make such a web server available to Faculty and even Students.

    A boycott can't come soon enough.

    --
    Sig Battery depleted. Reverting to safe mode.
    1. Re:Too desperate to get published by wuerz · · Score: 5, Informative

      Publish or perish. As an academic your worth is measured (among other things) by the number of publications. In an effort to keep up the stream of publications out of one's lab, people agree to anything the publishers demand.

      Of course one could also negotiate less onerous terms, but that is hard when the publisher prints my paper with absolutely no (publishing-related) cost to me.

    2. Re:Too desperate to get published by Anonymous Coward · · Score: 5, Informative

      Why do these researchers transfer ALL copyrights, instead of just giving a non-exclusive copyright?

      Because it costs $1500. I just published a paper with Elsevier and they extened their offer to publish my paper as open access.

      That said, the copyright that I transfered is not that bad. I can publish a prepublication version on my personal website (that is, without the journal formatting), as well as preprint versions on the arXiv. I need to put the information on where the paper was published, which seems fair enough. Anyone looking for it can find it.

    3. Re:Too desperate to get published by Chris+Mattern · · Score: 4, Informative

      Why do these researchers transfer ALL copyrights, instead of just giving a non-exclusive copyright?

      Because those are the terms of the journal. Don't transfer all the copyrights, don't get published.

      Why not just put it on their institutional web server, and submit the link to google? I never saw a university that didn't make such a web server available to Faculty and even Students.

      Because that doesn't count. Research has to be published in a peer-reviewed journal (or at a peer-reviewed conference) or it doesn't exist. You don't get credit for it, it never gets cited or used by other research, it doesn't become part of the literature.

    4. Re:Too desperate to get published by Anonymous Coward · · Score: 5, Informative

      Why do these researchers transfer ALL copyrights, instead of just giving a non-exclusive copyright?

      Why not just put it on their institutional web server, and submit the link to google? I never
      saw a university that didn't make such a web server available to Faculty and even Students.

      A boycott can't come soon enough.

      Publishing isn't just the act of getting your paper out there in research. It's the act of a review committee determining that your paper is of high enough quality to be presented through their Journal. The Journals are more or less ranked in prestige, which is related to how difficult it is to get your paper published in that Journal.

      So academic publishing is part review service, and part information distribution. The way the review service has been funded in the past is that they charge quite a bit to obtain the Journal's distribution. Libraries typically fund this directly, or occasionally the individual or laboratory. A yearly subscription to a key journal might cost more than a thousand dollars.

      As such, researchers are asked to give away publishing rights; otherwise, the journal could be undercut from it's revenue stream quite easily, via self-publishing or second-source publishing. This would lead to validation in the prestigious publication, and no funding going to that publication due to everyone buying access to the paper through other markets.

      Typically an author knows this, and there is an informal means of working around this in academia when a person who can't reasonably afford the journal needs a copy of the paper. They contact the original author, and if you can reach them (typically not possible unless you have a connection), and they are willing, they will give you a copy of the paper.

      This publication is deciding to protect it's revenue stream by going after it's authors for violating their agreements to not distribute the same material by a different means. Provided that giving away a copy of the paper is interpreted as redistribution, the original author is in the wrong; however, it is an unwise approach to punish authors, as it might tip the current balance of costs and benefits of publication in a prestigious journal to the side where other less prestigious Journals with more relaxed policies might start getting all the good papers.

      It's been like this for the past 30 years, this is nothing new. Getting published in Science or Nature is a resume builder, which will get you A-listed for grant money.

    5. Re:Too desperate to get published by Hatta · · Score: 2

      Why not just put it on their institutional web server, and submit the link to google?

      Because that doesn't count towards tenure.

      --
      Give me Classic Slashdot or give me death!
    6. Re:Too desperate to get published by Hatta · · Score: 3, Informative

      The way the review service has been funded in the past is that they charge quite a bit to obtain the Journal's distribution.

      Peer review is done on a volunteer basis by other researchers in your field.

      --
      Give me Classic Slashdot or give me death!
    7. Re:Too desperate to get published by Anonymous Coward · · Score: 1

      > Publish or perish.

      Sometimes both!

    8. Re:Too desperate to get published by Bite+The+Pillow · · Score: 3, Informative

      When the answer seems obvious, it's almost always wrong. More specifically, the words "Why not just..." should never be typed or said, because there is probably a good reason why not.

      In this case, you have two options: publish in a reputable journal, or make it available elsewhere. For many reasons, lots of people choose the first. Then the choice is turn over all rights, or not. To be published, the "standard" form includes giving up those rights. They already decided to publish, so the decision to sign the form was made - probably as part of the submission process on condition of being accepted.

      A simple solution would not resolve the complex issues of judging a paper's impact, awarding tenure, and piles of other aspects that are only mildly related to choosing where to publish, but are greatly impacted by it.

    9. Re:Too desperate to get published by Anonymous Coward · · Score: 0

      The way the review service has been funded in the past is that they charge quite a bit to obtain the Journal's distribution.

      Peer review is done on a volunteer basis by other researchers in your field.

      Yes, the reviewers don't get paid; however, it isn't free to get the paper reviewed. Even "volunteer" organizations require support and services which eventually require someone (coordinators, administrators, janitors, etc) to be paid. In this case, the reviewers are not part of the paid group.

    10. Re:Too desperate to get published by icebike · · Score: 2

      Sounds like a well rehearsed advertisement for Elsevier.

      --
      Sig Battery depleted. Reverting to safe mode.
    11. Re:Too desperate to get published by icebike · · Score: 1

      Sounds to me like a great deal of evil could be dispensed with by eliminating Tenure, a concept found in almost no other industry. It seems Tenure has become like patents, a perverted concept totally at odds with the needs of its most ardent supporters.

      --
      Sig Battery depleted. Reverting to safe mode.
    12. Re:Too desperate to get published by Obfuscant · · Score: 2

      Sounds to me like a great deal of evil could be dispensed with by eliminating Tenure,

      Tenure is a tenet of academic freedom. When you have reached a point in your career when you have proven worth, you get a bit of freedom to explore what you want without fearing that you'll be fired because of it. Yes, you could trust universities to not fire people for uncoordinated rambling in their research, but formalizing the relationship a bit isn't a bad idea.

    13. Re:Too desperate to get published by Anonymous Coward · · Score: 0

      Tenure doesn't exist in the UK, but you still need a publication record to get an academic job. Having no tenure process moves that threshold to the start of employment, rather than the period between appointment and tenure committee, but it doesn't go away.

    14. Re:Too desperate to get published by Anonymous Coward · · Score: 1

      Sounds like a well rehearsed advertisement for Elsevier.

      I didn't say I liked them, or even that it's the right way to go about things. It is however, a fair description of why researchers transfer over copyrights, and why Elsevier is punishing the original author. Personally, sounds pretty low to me, as they are effectively gaming the system, biting the hands that feed them. Of course, they've enabled those hands to get ahead in their fields, so it's not a one-sided street by any stretch of the imagination.

    15. Re:Too desperate to get published by stenvar · · Score: 1

      Why do these researchers transfer ALL copyrights, instead of just giving a non-exclusive copyright?

      Because Elsevier demands it. And they can demand it because academics need citations and Elsevier provides them.

    16. Re:Too desperate to get published by CanHasDIY · · Score: 2

      Of course one could also negotiate less onerous terms, but that is hard when the publisher prints my paper with absolutely no (publishing-related) cost to me.

      Sounds to me like there very much is a cost - you have to surrender the copyright to your work.

      Remember, just because money never changes hands doesn't mean it didn't cost you anything.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    17. Re:Too desperate to get published by Lurks · · Score: 1

      "Because it costs $1500"

      This should not have been down voted. It's an honest and informative post about the reality of publishing with Elsevier.

    18. Re:Too desperate to get published by Anonymous Coward · · Score: 3, Insightful

      How would ditching tenure help in this case? Professors with tenure are free from the absolute "publish or perish" mentality that requires them to churn out as many papers in high-impact journals as possible, regardless of ethical considerations. Elsevier has bought up lots of old, respectable ("high impact factor") journals, so they profit from the fact that professors are driven by shallow numerical metrics to publish in them. Tenure allows senior, experienced professors to escape the cycle, so they have the practical academic freedom to make scientifically ethical decisions to do things like boycott Elsevier journals, and devote effort pushing for better solutions --- something that would be career suicide for a short-term, conditionally-employed researcher to spend their efforts on.

    19. Re:Too desperate to get published by akozakie · · Score: 4, Informative

      > Because that doesn't count. Research has to be published in a peer-reviewed journal (or at a peer-reviewed conference) or it doesn't exist.

      Well... true.

      > You don't get credit for it,

      Yup.

      > it never gets cited or used by other research, it doesn't become part of the literature.

      Nope, not necessarily, depends on the field. I see more and more citations of even blog entries. Some have more citations than the best paper anyone I met personally wrote. Some "not-papers" become cornerstones of entire branches of research, although they tend to be later replaced by real papers by the same author (with nothing new in them). Note that not all publishers will even accept citations like that.

      Still, these citations do not count - at least where I leave. You may be the author of the most influential text in the field in years. Your results may have been replicated by multiple peers and cited by almost everyone who matters, making you a real celebrity. However, it's not in a journal on the ministerial list. It is not indexed by the oficially endorsed database (mostly Web of Science here). It gets cited, but these citations do not appear in the database. So, your official parameters (like h-index) are unaffected. It is entirely possible to be - at the same time - one of the most influential researchers worldwide and a deadweight for your institution, lowering its total score. Also, grant proposals you submit will get lower scores, because you're "not influential enough", you're unlikely to produce anything worthwile.

      So, you're basically right. You will swallow any restrictions imposed by the publisher if the journal is good enough and wants to publish your paper. Because your evaluation is not based on your real achievements - that's too subjective. It is based on artificial scoring, in which some peer-reviewed journals, mainly from the largest publishers, simply rule.

    20. Re:Too desperate to get published by David+Gerard · · Score: 2

      Until they DMCA you for the preprint, of course. http://science.slashdot.org/comments.pl?sid=4527505&cid=45622313

      --
      http://rocknerd.co.uk
    21. Re:Too desperate to get published by the+gnat · · Score: 1

      Professors with tenure are free from the absolute "publish or perish" mentality that requires them to churn out as many papers in high-impact journals as possible, regardless of ethical consideration

      Uh, no, they're not. Tenure and funding are totally separate; if you have tenure but can't get money to pay for your research (for which the competition is increasingly intense), the university will still give you an office and class assignments but they're not going to pay for lab supplies, postdocs, research technicians, etc. And continued funding requires a track record of publishing high-impact articles. Getting rid of tenure would only make this worse, since professors would be continually scrambling to prove their worth to the university.

    22. Re:Too desperate to get published by fnj · · Score: 1

      So feudalism is alive and well, eh.

    23. Re:Too desperate to get published by fnj · · Score: 1

      Sorry, but as an explanation that simply begs the question.

      If Elsevier's terms are heinously egregious, that just means the territory is wide open to a competitor with better terms. Why doesn't somebody take these bastards on and clean their clock via competition? Sounds like Elsevier is not contributing any sweat to me. They are just cleaning up with their money machine.

    24. Re:Too desperate to get published by stenvar · · Score: 1

      If Elsevier's terms are heinously egregious, that just means the territory is wide open to a competitor with better terms. Why doesn't somebody take these bastards on and clean their clock via competition?

      It takes time to establish a new, highly ranked journal because there are big network effects. In addition, the authors and editors of the journal are usually unpaid and not motivated by money, so you can't lure them away with more money; and many of the readers of the journal usually don't pay for the journal but "socialize" the cost, so they don't care that much about how much it costs.

      All of that slows down replacing Elsevier with alternatives. But it is happening, faster in some disciplines than in others. Elsevier has crossed a line where people are simply too pissed off to continue living with it.

    25. Re:Too desperate to get published by Anonymous Coward · · Score: 0

      Actually, you're wrong there: progressive institutions (e.g. the University of Liège) which are keen to promote open access are *only* basing tenure and promotion decisions on material lodged in the institution's repository. Surprise, surprise, they do very well at capturing their staff's output there.
      This so-called Green OA does work. Of course, it does rely on university presidents and provosts and chancellors not being complete asses, which is a major flaw in the method.

    26. Re:Too desperate to get published by Anonymous Coward · · Score: 0

      Well, guess they are hiring downvoters nowadays also... or people already in the prestigious positions desperately keeping up the image that they are prestigeous and haven't been fooled and taken advantage of by the publishing businesses.

  5. Reminder by Anonymous Coward · · Score: 0

    From the article:

    Do scholarly publishers really need to be reminded that “publish” means “make public”? Yes. Yes, they do.

    You need to be reminded that all publishers got into the business to make money. That's why they call it a business. Their sole reason for existing is to charge you for the "privilege" of taking your ideas and selling them on paper (or online, these days) for you. It is endemic to their particular set of services.

    Can the global economy survive without publishers of any kind? I don't know. Does it need to learn to do so? Absolutely.

    1. Re:Reminder by whoever57 · · Score: 1

      Can the global economy survive without publishers of any kind?

      I am quite certain that it can survive without these publishers. Some publishers provide services to the authors in the forms of review, editing, marketing, advances, etc.. These publishers don't pay editors, don't pay reviewers, don't market, etc.. I think that it's pretty clear that their role these days is that of a parasite.

      --
      The real "Libtards" are the Libertarians!
    2. Re:Reminder by MickyTheIdiot · · Score: 2

      You know, this phrase "in business to make money" is getting to be said like they are words handed down by God. They're not. Not everything needs to make money to be a worthwhile venture despite what our current dogma in the U.S. says.

      Maybe as a society we should be creating some institutions that are in business to make the country or the world better, or in business to increase the sum total of knowledge. There is NOTHING that says everything has to make a profit. We are not Ferengi.

  6. Wide Dissemination vs LockBox by BoRegardless · · Score: 2

    I'm surprised authors would agree to terms not allowing them to share articles with others in their field and journalists.

    Once upon a time, scientific print magazines were the only way to "get the word out." That died over a decade back.

    Either those publishers get a new business model which adds value to the papers they "print" or they will die, just like Kodak no more 'paper' prints.

    A new business model could easily be searching and retrieving all the world's scientific or medical or whatever literature and providing that as a service.

    1. Re:Wide Dissemination vs LockBox by Anonymous Coward · · Score: 0

      If it's that simple why haven't you done t already?

    2. Re:Wide Dissemination vs LockBox by Anonymous Coward · · Score: 0

      Why would anyone even publish in elsevier?
      Because they can't get accepted in a real journal?

    3. Re:Wide Dissemination vs LockBox by MrBigInThePants · · Score: 1

      You mean like Google Scholar?

      Or Google Books?

      Or that other one I used to use before scholar that had all the free papers etc?

      This is most certainly NOT a new business model!

    4. Re:Wide Dissemination vs LockBox by Anonymous Coward · · Score: 0

      Some authors can probably have the freedom not to. If you're known within your field, you can spread your work by presenting it at seminars, conferences and so on. This is unfortunately not gonna work for most of the researchers. If you're especially a young grad student or a fresh PhD, you have basically no choice. You are pressured into publishing. Actually, it's even more. If you want to stay in academia without having ever published in journals run by Elsevier/Springer/Wiley-Blackwell/etc, you're doomed (at least in my domain).

      I am a grad student. I am about to finish my first article. I wouldn't want to submit it to any of those closed-access journals by principle. But I don't even know if I'll have a choice! If your advisor tells you to do it, well, you are soon out of options...

      This is actually a good example where the younger generation is really helpless. Drastic changes should be achieved by an organized boycott of established researchers, it's the only way to kill this hydra.

    5. Re:Wide Dissemination vs LockBox by TeknoHog · · Score: 1

      Once upon a time, scientific print magazines were the only way to "get the word out." That died over a decade back.

      Yup, I heard there was a guy at CERN who invented a nicer way of sharing work with other physicists...

      --
      Escher was the first MC and Giger invented the HR department.
    6. Re:Wide Dissemination vs LockBox by stenvar · · Score: 1

      I'm surprised authors would agree to terms not allowing them to share articles with others in their field and journalists.

      What choice do they have? Publishing is highly competitive and academic authors need citations. Academics would give away their firstborn to get into a highly ranked journal.

    7. Re:Wide Dissemination vs LockBox by spasm · · Score: 4, Insightful

      It's not about just 'getting your work out' - it's about the fact that the university who decides whether you get tenure or post-tenure promotions still does so partially on the basis of how many publications you have in peer-reviewed journals, and how high the impact factor of those journals is. My institution literally has a tenure requirements document that says "at least 3 papers published in journals from this list of high-impact journals, or at least 5 in this other list of lower-impact journals'. So it's publish in those journals or lose your job when you fail to get tenure. So you sign whatever the journal wants you to sign if you get a paper accepted there, no matter how stupid the terms. What needs to change is universities removing journals who abuse everyone from those magic lists, so we can all safely ignore them.

    8. Re:Wide Dissemination vs LockBox by lorinc · · Score: 5, Informative

      Researchers agree these terms because they have no other choice. Ok, seems nobody outside the academic gets the sense of publish or perish.
      Let me tell you why I continue to send my works to Elsevier (or the others) journals, whatever they are asking in the terms and conditions.

      In my country (France), to get a research position you first have to get a "qualification" which involves a threshold on the number of journal papers you have. The higher the impact factor of the journal, the better it counts. Once you have this "qualification", you can try to get a position - the system is competition based, and most of the time it is based on the number of high impact factor journal papers you have. So yeah, basically, if you try to play the cowboy before you have the position, you'll never get one.

      Now, I do have such position and I could put all my stuff on arxiv. But I also have PhD students, and they want to work in the academic. if I tell them to go the open access way, they'll never get the "qualification" and the position. Thus, we chase these "important" journals (read significant impact factor), and send the articles there. As long as articles in these journals is mandatory to get a position, we have no other choice than publishing there for the students.

      To my mind, the solution lies not in the hands of the researchers, by is rather a political one. If the government dictates specific recommendations that positions should be awarded to people with open bibliography, the stupid behavior of Elsevier will die. As long as no political action is taken, it will continue as it was.

    9. Re:Wide Dissemination vs LockBox by Anonymous Coward · · Score: 0

      The CERN system has proven to work exceptionally well for physicists in the fields of cat photos and pornography. However, there are some issues left to work out for other research areas. Really, it's the "reputation management / web-of-trust" layer on top of the raw data exchange (which is mediated by the peer-review process in established journals) which poses the main obstacle, rather than simple ability to transfer text and images. There's no fundamental reason this can't be replicated and migrated away from scumbags like Elsevier --- but, the same practical reasons that hold people back from switching away from Facebook to some brand-new social network not run by profiteering douchelords.

    10. Re:Wide Dissemination vs LockBox by Anonymous Coward · · Score: 0

      You can reassign your copyright to someone else in France? Publish from Germany, where this is impossible.

    11. Re:Wide Dissemination vs LockBox by the+gnat · · Score: 1

      it's about the fact that the university who decides whether you get tenure or post-tenure promotions still does so partially on the basis of how many publications you have in peer-reviewed journals, and how high the impact factor of those journals is.

      And the agencies that fund your research make their decisions based on the same information, although they are more impressed by actual productivity than by publication in elite journals.

    12. Re:Wide Dissemination vs LockBox by tepples · · Score: 1

      Don't German journals just require a life-of-the-copyright exclusive license, which is equivalent in almost every meaningful way to an assignment?

    13. Re:Wide Dissemination vs LockBox by Strange+Attractor · · Score: 1

      That would be good.

      I don't understand why the faculty of universities haven't already done it. University faculty provide the labor to produce and publish the papers (printing is irrelevant now), then publishers sell/rent those papers to university libraries. Professional societies live off of that income, and the likes of Elsevier extort higher prices for less good. The expense is crippling the libraries.

      Just writing about it gets me angry.

      It is like politics, blaming Cruz or Elsevier misses the point. The blame lies with the voters and university faculty; their choices create the market incentives that rational agents serve.

    14. Re:Wide Dissemination vs LockBox by spasm · · Score: 1

      One thing I've heard is that a lot of the contracts between professional societies and publishers tend to be long term - in the 25 year+ range - so the prestgious 'Journal of X', compeltely owned by the 'Society for the Study of X' is still tied into a contract with 'Asshole publisher Y' which was signed before the internet was a 'real' way of doing academic business. Hence we can expect to see a lot of journals abruptly becoming open access and web only as those contracts expire.

    15. Re:Wide Dissemination vs LockBox by Anonymous Coward · · Score: 0

      The good news is, this younger generation is replacing the ranks within the establishment, moving up from gradstudents to postdocs to professorial positions. I've heard lots of sympathy for anti-Elsevier sentiments among many of the younger generation of professors, so there's hope for mass revolts to happen. Elsevier has burned through any respectability and credibility left with an entire generation of gradstudents, which will bite them in the ass in the upcoming decade.

    16. Re:Wide Dissemination vs LockBox by fnj · · Score: 2

      I understand that, but what I don't understand is why a competitor doesn't spring up and knock Elsevier off their high horse by offering the contributors better terms. It would take a while for this new competitor to acquire the necessary prestige, but all businesses face startup costs.

    17. Re:Wide Dissemination vs LockBox by BorisSkratchunkov · · Score: 0

      Nature was established in 1869. Science in 1880. To state that it "would take a while" to beat that prestige comes off as slightly naive (I offer a litotes to your understatement).

    18. Re:Wide Dissemination vs LockBox by BorisSkratchunkov · · Score: 0

      Correction: Science is not an Elsevier publication. Seems like I'm slightly naive as well...

    19. Re:Wide Dissemination vs LockBox by ffcitatos · · Score: 1

      There is a huge entrance cost in this market. The new journal would have to make it to the relevant lists to start being a realistic alternative. However, I think the problem is almost non-existent, at least in Physics. There is some competition: APS, IOP, Elsevier publish reasonably good journals (not sure if Nature and Science are independent or belong to those three). At least the former two (to my best knowledge) have no problem with preprints being put on arxiv.org . Thus, one gets open access (on arxiv), as well as peer review (on the journal) for the cost not having open access to the full text on the journal website (as universities/libraries pay for that).

  7. Make a deal with the devil and he wants what's his by RocketRabbit · · Score: 0

    These academics are eager to obtain the status that publication in a journal is seen to convey. It is good for their career, and they make valuable social connections with influential gatekeepers. We are told that publication in a journal means that a competent authority has verified or at least pondered the research.

    Turns out that this is all bullshit, and that the only people who benefit are the publishing houses and the gatekeepers. Academics are spineless or they would have eschewed this worthless system years ago. They simply don't want to risk their careers by rebelling against the journals, because often times the people on the tenure review boards are also working for the journals.

    Ironically, the very purpose of these journals (vetting and verifying) seems broken as people get fake, non-reproducible research published and therefor accepted as fact all the time.

    Something smells in the ivory tower. It started smelling decades ago, when supra-geniuses suggested that schools be run more like businesses. Deliberate subversion or just lots of stupid brilliant academics in a circle jerk, blinded by each others' jizz?

  8. Upset your suppliers, become irrelevant? by whoever57 · · Score: 5, Interesting

    I can't think of a better way to destroy your product than to annoy the people who create and deliver to you (at zero price) the basic ingredient to the product you sell.

    --
    The real "Libtards" are the Libertarians!
    1. Re:Upset your suppliers, become irrelevant? by Anonymous Coward · · Score: 1

      Zero price? I wish, try negative price; it costs money to publish in journals.

    2. Re:Upset your suppliers, become irrelevant? by Anonymous Coward · · Score: 1

      Do you mean that researchers pay the journal to have their work published, or that it costs the publisher to publish journals?

      It costs money to publish anything, but that doesn't stop most publications from paying authors for their work.

    3. Re:Upset your suppliers, become irrelevant? by Anonymous Coward · · Score: 1

      "Most publications" != "scientific journals". Scientific journals *never* pay authors. They frequently charge authors per-page fees for publication.

    4. Re:Upset your suppliers, become irrelevant? by JanneM · · Score: 1

      Scientific journals often charge authors; and it's more common among closed journals than open access ones. And the publication fees are not trivial sums either; Journal of Neuroscience, for instance, charges about $1000 per article. They also charge $125 just for accepting a submission, non-refundable whether you get accepted or not.

      --
      Trust the Computer. The Computer is your friend.
    5. Re:Upset your suppliers, become irrelevant? by Anonymous Coward · · Score: 0

      Yes, this is probably not the best way they could handle this.

  9. Here is the problem by joe_frisch · · Score: 5, Insightful

    I work at a big national laboratory that is funded by the US government.

    Naturally the government needs to allocate limited funds among their various laboratories, each of which has more ideas for things to do than there is funding.

    In order to avoid corruption / favoritism (remember total we are talking billions of dollars), the government wants a quantifiable way to evaluate the performance of the laboratories in order to help determine how to best distribute the available funds.

    One of the metrics they have picked is number of publications in "high impact" journals. (its not easy to think of better quantifiable metrics).

    Most of the high impact journals are the old private journals like Physical Review, or Nature.

    So, if the scientists refuse to publish in these journals, the laboratory looks worse, and will tend to lose funds. This will direct money away from the best labs.

    Of course publishing in high impact journals also helps the scientists' careers - and the same sort of arguments apply.

    The journals of course are businesses and quite reasonably want to stay in business and make a profit.

    Sadly I don't have a good idea for a solution.

    1. Re:Here is the problem by neminem · · Score: 2

      I do - take a hint from movie and music studios. Release your movies or music with all kinds of restrictive licenses, then surreptitiously hand them over to some other guy without your name on it to release it to the internet. When asked, say you got hacked and had nothing to do with it. Plausible deniability for everyone!

    2. Re:Here is the problem by kencurry · · Score: 1

      good post - I wish I had mod points today.

      --
      sigs are for losers (except to point out that sigs are for losers)
    3. Re:Here is the problem by Anonymous Coward · · Score: 0

      what are the barriers to entry for a cooperatively funded high quality journal?

      given that the reviewers are already doing it for free, you need enough money
      to hire a few people, get an office, and have everyone collectively agree
      that its a useful thing to do (to start getting high quality submissions on the faith that
      they will have some cache if published)

      clearly thats a bit of chicken and egg, but if the parasite in the middle interferes too
      much with the free exchange of information, it doesn't seem out of the question.
      existing professional organizations dont seem like a bad place to start, although
      they're raking it in too (looking at you ACM)

      it already kind of sucks having to dig around secondary search results looking
      for a valid pdf, only to be suckered into looking at an abstract only paywall

    4. Re:Here is the problem by joe_frisch · · Score: 1

      Its a chicken and egg problem. People won't submit their best papers to you until you have a top reputation. You don't get a top reputation until you get enough high quality papers.

      I think some public journals have managed it, but its difficult. Optics Express is one excellent example.

    5. Re:Here is the problem by Hatta · · Score: 2

      Easy. Force all government funded research to be published in an open access journal as a condition of that funding. Nature will either have to accept papers that are available for free, or become a vanity press for corporations.

      Concerning impact factors, they seem a little indirect. The impact factor is the average number of citations a work in the journal receives. Why not just count the number of citations a work actually receives? If I publish a paper in Nature that receives no citations, what good is it to the scientific community and why should I get rewarded for that? If I publish a paper in PLOS One that gets hundreds of citations, isn't that more important than the publisher I chose?

      --
      Give me Classic Slashdot or give me death!
    6. Re:Here is the problem by gerddie · · Score: 1

      Concerning impact factors, they seem a little indirect.

      Actually, it's worse, journal rank is unscientific and counter productive. Unfortunately, the bean counters seem to love it.

    7. Re:Here is the problem by ebno-10db · · Score: 1

      I think some public journals have managed it, but its difficult. Optics Express is one excellent example.

      Good to hear that at least there has been some success, but I hope the next journal picks a better name "Optics Express" sounds like a place you'd go to get glasses in a hurry.

    8. Re: Here is the problem by nbritton · · Score: 1

      Wait, the public is paying for the research, therefor it is public domain... so what rights are being violated here? Elsevier, nor the researcher, have any rights to the work products that are funded by the public.

    9. Re:Here is the problem by the+gnat · · Score: 1

      If I publish a paper in Nature that receives no citations, what good is it to the scientific community and why should I get rewarded for that? If I publish a paper in PLOS One that gets hundreds of citations, isn't that more important than the publisher I chose?

      Yes, but the problem is that it's much easier to get hundreds of citations (especially in the short term, which may be more important for grant applications or job searches) if you publish in Nature than if you publish in PLoS One. And the effects are broader: since high-profile papers are even more important for junior scientists (Science/Nature/Cell publications are essentially mandatory for tenure-track positions at big research universities), labs with a track record of high-profile publications will have an easier time attracting the smartest and most ambitious postdocs, etc. It is a truly lamentable situation but not easily solved.

    10. Re:Here is the problem by the+gnat · · Score: 1

      its not easy to think of better quantifiable metrics

      As someone else pointed out below, the actual impact of the research should be more important. I work in a methods development group where we tend to get very high citation counts for our most important papers, even though they're published in specialty journals. But we have it much easier than most basic researchers. The "high-impact" label is often self-fulfilling, because other scientists are more likely to notice and cite your work if it appears in one of these journals. I for one would love to be able to post a manuscript on arXiv and have that be the end of it, and have peer review done through some kind of long-term process (comment system, etc.). But I need to advance my career just like everyone else, which means occasionally publishing with companies I loathe.

      I can think of many solutions to this but all of them would essentially require collective action on the part of the entire academic research community and the funding agencies. This seems unlikely to happen, although the larger funding agencies (public and private) have been notably effective in forcing the publishers to allow papers to become open-access after a relatively short period of exclusivity (typically 6-12 months). It's not ideal, but at least it's progress.

    11. Re:Here is the problem by joe_frisch · · Score: 1

      Number of citations may also not be a good measure of importance. Review articles with nothing really new could get a lot of citations. Some very important work is read by many but not cited because there is a more recent, though derivative source.

      Still, I don't have a better idea.

    12. Re:Here is the problem by Anonymous Coward · · Score: 0

      Continuing to rack up citations on an older work, that's already made its impact and been incorporated into later papers, probably doesn't matter so much to the authors. Either they've already received credit and recognition for the initial flurry of excitement around the new paper (when it became the reference for review articles to cite), or they've moved on to other things. The dumb-metrics-driven "publish or perish" approach to papers mainly concerns short-term results; recognition received in a few-year window. Racking up extra cites on a result from two decades ago won't do much good if you've nothing to show since then.

      I agree that number of citations is a poor measure of importance, but it's also an irrelevant measure of importance for older papers, so you don't need to worry so much about whether the system works for them. The question is how well the system works for measuring the moderately recent achievements of, e.g., a researcher applying for tenure or a big grant (for which dumb-metrics-driven approaches also have a heap of problems).

    13. Re:Here is the problem by Anonymous Coward · · Score: 0

      At LBL they (the library folks) tell you to bring the paperwork to them, and they'll stamp it "nope we're not handing over the rights", whereupon Elsevier et al meekly accepts it.

    14. Re:Here is the problem by Anonymous Coward · · Score: 0

      If I publish a paper in Nature that receives no citations, what good is it to the scientific community and why should I get rewarded for that?

      Well, you probably just got an editor fired for taking your paper then.

      Up to you whether you consider that good for the scientific community.

    15. Re:Here is the problem by ObsessiveMathsFreak · · Score: 1

      The journals of course are businesses and quite reasonably want to stay in business and make a profit.

      Sadly I don't have a good idea for a solution.

      Nationalise the journals.

      --
      May the Maths Be with you!
  10. "Posting Your Latest Article?" by JenHoward · · Score: 1
  11. Government works aren't copyrightable.. by toonces33 · · Score: 4, Informative

    If you are a government employee and you submit a paper, instead of assigning the copyright, you send them some sort of standard form informing them that since the work was done by the government, it is not copyrightable.

    http://en.wikipedia.org/wiki/Copyright_status_of_work_by_the_U.S._government

    1. Re:Government works aren't copyrightable.. by Anonymous Coward · · Score: 2, Funny

      So, government employee as author on each paper to poison the source?

    2. Re:Government works aren't copyrightable.. by Anonymous Coward · · Score: 2, Informative

      If you are a government employee and you submit a paper, instead of assigning the copyright, you send them some sort of standard form informing them that since the work was done by the government, it is not copyrightable.

      http://en.wikipedia.org/wiki/Copyright_status_of_work_by_the_U.S._government

      You'd think that Elsevier had heard of that already and put it at the top of their publishing agreement or something.

    3. Re:Government works aren't copyrightable.. by Anonymous Coward · · Score: 0

      Yes, please. Actually, go ahead and extend that to anyone paid out of government grant funds (which is virtually everybody doing research). For both the sake of the taxpaying public, who deserve access to the science they are paying for, and for the sake of science itself, which is nothing without the free exchange of ideas and discoveries, for-profit limited-access journal publishers should be scoured with fire from the face of the earth.

    4. Re:Government works aren't copyrightable.. by Anonymous Coward · · Score: 0

      for the sake of science itself, which is nothing without the free exchange of ideas and discoveries

      While today we take for granted that science and the free exchange of ideas are tied together, historically, this is an aberration. For example, Galileo sent to Kepler an encrypted text, as was usual for the time, concerning the discovery of the phases of Venus -- thus proving that he had discovered it first, but without revealing the discovery until later.

    5. Re:Government works aren't copyrightable.. by spasm · · Score: 1

      That's actually kind of what's happened. The US Government now requires all journals to make any paper funded by US tax dollars freely accessible to everyone within 12 months of publication. There's similar agreements in the EU, Britain, and Australia. When you do the copyright paperwork after a maunscript is accepted one of the things you incldue is the grant numbers that funded it so the journal knows whether they have to open-access it or not. The US agreement went into force in about 2007 from memory.

    6. Re:Government works aren't copyrightable.. by Anonymous Coward · · Score: 0

      That's actually kind of what's happened. The US Government now requires all journals to make any paper funded by US tax dollars freely accessible to everyone within 12 months of publication. There's similar agreements in the EU, Britain, and Australia. When you do the copyright paperwork after a maunscript is accepted one of the things you incldue is the grant numbers that funded it so the journal knows whether they have to open-access it or not. The US agreement went into force in about 2007 from memory.

      Close. That's just the NIH and it was 2008.

    7. Re:Government works aren't copyrightable.. by Anonymous Coward · · Score: 0

      I think that's only for NIH funded research so far.

    8. Re:Government works aren't copyrightable.. by alfrin · · Score: 1

      Except in this case, an employee of a National Lab is NOT a federal government employee in any way. The labs operate as contractors.

    9. Re:Government works aren't copyrightable.. by Anonymous Coward · · Score: 0

      But, I'd say Galileo hadn't contributed to science until after revealing his work. An encrypted signature to prove first authorship and claim credit is one thing; however, this is outside science itself. If Galileo had been hit by a horse-drawn bus, and left humanity nothing behind but encrypted garbled gobbledygook, his "science" would have been worth shit. Only Galileo's revealed and shared works can rightly be called scientific.

    10. Re:Government works aren't copyrightable.. by spasm · · Score: 1

      Looks like you're right. I had a paper accepted by an Elsevier Journal in October and did the copyright stuff about a week ago. The form I received had the following radio buttons, which was what made me think other governments had carved out similar agreements. But a few minutes googling says this is just about who owns the copyright, not whether elsevier has to open access it after x months.

      We are all US Government employees and there is no copyright to transfer
      I am US Government employee but some of my co-authors are not
      I am not a US Government employee but some of my co-authors are
      The work was performed by contractors of the US Government under contract number: [textbox]
      We are all UK Government employees electing to transfer copyright
      We are all UK, Canadian or Australian Government employees and Crown Copyright is claimed
      I am claiming Crown Copyright but some of my co-authors are not employees of the UK, Canadian or Australian Government
      I am not claiming Crown Copyright but some of my co-authors are employees of the UK, Canadian or Australian Government

  12. they've got it backwards by Anonymous Coward · · Score: 0

    What is an academic journal without any papers? Academics should have Elsevier over the barrel begging for some lube but its the other way around?

    1. Re:they've got it backwards by interkin3tic · · Score: 4, Interesting

      Well, that's kind of the issue. Academics are already boycotting Elsevier. Thing is, academics are focused on research, not on publishing, so many aren't even aware of the boycott, others care less about their rights to host their own papers than they do in publishing in the highest impact journal they can. Plus, few papers are published with a single author. On my paper, I suggested we not submit there. My boss stifled a laugh. It's published with Elsevier. I occasionally get requests for it from researchers who don't have access to that journal. I guess I'm going to have to start worrying that they are undercover Elsevier agents.

  13. They have to compete with those who communicate by Kazoo+the+Clown · · Score: 2

    Scientific publication is how science proceeds. It's how scientists communicate. Some countries and organizations encourage that better than others. When I find a paper that's paywalled, I know there's a good chance I may be able to find a similar paper from the UK or elsewhere where "publication" is seen as a means for scientists to communicate, rather than to get rich selling their papers. Scientists who publish in paywalled-only journals may find they aren't communicating as well as those who are able to be more open with their results. This could negatively impact their careers. This is not the same as the mechanism of nonscientific publications where making money from the reader for the author is the primary goal. There's a conflict of interest here and I'm afraid it doesn't bode well for the scientific journals. They are no longer the most effective and lowest cost means od disseminating scientific information. The observation of the "Kodak moment" is an apt one.

    1. Re:They have to compete with those who communicate by Anonymous Coward · · Score: 1

      Whoever modded this guy up is an idiot.

      When I find a paper that's paywalled, I know there's a good chance I may be able to find a similar paper

      If this is a real concern, you can email the person, and they are usually more than willing to give you a copy. And if it is a real concern, you know, scientists usually go to conferences, present their latest results. Hey, you could go to one of those. These conferences also have conference papers. These papers usually do not get embargoed nearly as strictly, and contain many of the same results (though with less detail -- which unless you're working on exactly the same thing, isn't so important anyway).

      Scientists who publish in paywalled-only journals may find they aren't communicating as well as those who are able to be more open with their results. This could negatively impact their careers.

      People who think they are scientists that don't have access to a research library will find their careers dead-end quite fast.

      This is not the same as the mechanism of nonscientific publications where making money from the reader for the author is the primary goal.

      Profits for the author? Um, what? You're full of crap.

    2. Re:They have to compete with those who communicate by Anonymous Coward · · Score: 0

      If this is a real concern, you can email the person, and they are usually more than willing to give you a copy.

      Elsevier is going after researchers for doing exactly this. You are the idiot (and corporatist shill). Also, "just go to conferences" --- because everyone potentially interested in scientific knowledge has hundreds of dollars and multiple days off work to go to whatever conferences they want. Oh, wait, no --- I can't even afford to go to many of the potentially interesting conferences in my own professional field of study.

    3. Re:They have to compete with those who communicate by Anonymous Coward · · Score: 0

      If this is a real concern, you can email the person, and they are usually more than willing to give you a copy.

      Elsevier is going after researchers for doing exactly this.

      No, they are going after researchers who put pdfs online in breach of contract. Emailing to ask for a copy is different. Handing a paper copy is different.

  14. I thought this was allowed regardless. by Zarhan · · Score: 3, Insightful

    I have published a paper through Elsevier when I was working on my PhD. At least the contract I signed with them states that I retain the right to distribute the papers if I so choose, for example, on my own website.

    Of course, if the distrubution happens through a third party...that might be a different matter.

    1. Re:I thought this was allowed regardless. by PvtVoid · · Score: 3, Informative

      Here are a couple of good resources for looking up details of publisher policies:

      Sherpa
      List of academic journals by preprint policy Elsevier's policies are particularly obscure, and vary from journal-to-journal. They are often explained so poorly that it's hard to tell what the policy even is.

    2. Re:I thought this was allowed regardless. by David+Gerard · · Score: 1

      Until Elsevier DMCAs you for the preprint. http://science.slashdot.org/comments.pl?sid=4527505&cid=45622313

      --
      http://rocknerd.co.uk
  15. You are kidding me by purnima · · Score: 2

    I work in an area where most of the top journals are owned by Elsevier. Also most of my publications are with Elsevier and I'm on several editorial boards for Elsevier journals.. I've been thinking of resigning from editorial boards on Elsevier journals and starting new arxiv based journals because of the cost of journals. This breaks the camel's back. Elsevier can bite me.

    1. Re:You are kidding me by David+Gerard · · Score: 1

      At the end of every speech, announce: "Elsevier delenda est."

      This has made the Chronicle: http://chronicle.com/blogs/wiredcampus/posting-your-latest-article-you-might-have-to-take-it-down/48865

      --
      http://rocknerd.co.uk
  16. Man wants to draw by mynamestolen · · Score: 1

    cartoon of ELSEVIER SHOOTING ITSELF IN THE FACE wearing King Caunute clothing.
    http://kmccready.wordpress.com/2013/12/06/elsevier-shoots-itself-in-the-face-again/

    --
    work in progress
  17. Elsevier is not doing anything wrong by Anonymous Coward · · Score: 0

    Authors are still allowed to post their own work. They are only not allowed to publish the final version that has been edited by Elsevier. Publishing anything short of the final version is completely acceptable. Most authors simply post the pre-print version of their work and this is close enough that you would be hard pressed to tell the difference between the final version and the preprint.

    This policy is the same as the one offered by Springer and ACM and does not limit the authors or the spread of science in any way.

    Elsevier does issue takedown notices from time to time when the final version of the published journal articles has been, often inadvertently, posted.

    There are many other good options for authors who want to share their article. They can share the final published version of the article with colleagues, use it for internal teaching and training, and at conferences or meetings. Any author who publishes in an Elsevier journal can also post and share other versions of their article, following some simple guidelines that vary by the version of the article to be shared. And of course the final published journal article can be shared whenever an author publishes open access with us.

    There are plenty of other reasons to boycott Elsevier and other publishers, but this is definitely not one of the reasons.

    1. Re:Elsevier is not doing anything wrong by David+Gerard · · Score: 1

      By "edited by Elsevier", you mean of course "edited by someone else not getting paid either".

      Claiming copyright on layout - a mechanical function - is severely questionable given Bridgeman v. Corel. Sweat of the brow does not earn you a copyright in the US.

      Here's the Chronicle on this kerfuffle: http://chronicle.com/blogs/wiredcampus/posting-your-latest-article-you-might-have-to-take-it-down/48865 The scientists are not happy.

      --
      http://rocknerd.co.uk
    2. Re:Elsevier is not doing anything wrong by David+Gerard · · Score: 1

      This claim is false. Elsevier send DMCA notices for preprints. http://science.slashdot.org/comments.pl?sid=4527505&cid=45622313

      --
      http://rocknerd.co.uk
  18. A possible solution? by randomhacks · · Score: 0

    How about this for a possible solution? 1) The researchers should publish everything on a website and make it freely available. 2) The website should allow anyone to read, comment and rate the papers - however they must use their real identities to comment. The comments and ratings would be weighted based on the reputation of the commenter which would be calcuated from previous comments and the ratings of their papers. The journals could still have a business because they could review the papers themselves. They could select papers which they that think are interesting and timely. They could then purchase the right to print the research off the researchers and publish them in a nicely laid out magazine complete with editors comments which they could sell to Universities. It would be in their interest to have good quality and interesting papers. Grants could be given based on the ratings / comments that your work receives and also which journal selects and publishs your work. This system would have benefits over the existing journal system by: 1) Allow complete transparency 2) Allow papers to be retracted or corrected. 3) Allow "you might also like" functionality. 4) Encourage public discuss of papers. Personally, I think it is really said that the acedemics can't sort this out.

    1. Re:A possible solution? by Anonymous Coward · · Score: 0

      2) The website should allow anyone to read, comment and rate the papers

      Why should I review your paper? Today, I can put on my CV that I've been a reviewer for like 10 different well-respected journals. Tomorrow you want me to replace this and say that I made an online comment? Get serious.

      The journals could still have a business because they could review the papers themselves. They could select papers which they that think are interesting and timely. They could then purchase the right to print the research off the researchers and publish them in a nicely laid out magazine complete with editors comments which they could sell to Universities. It would be in their interest to have good quality and interesting papers.

      This is of zero interest to anyone.

    2. Re:A possible solution? by Anonymous Coward · · Score: 0

      Why should I review your paper? Today, I can put on my CV that I've been a reviewer for like 10 different well-respected journals.

      You point out an important role still played by the journals: they're who "watch the watchers," and select appropriate reviewers. A cruddy, low-quality journal will get articles "peer reviewed" by some random guy off the street with a high-school diploma. A respectable journal will put in the effort to locate appropriate, qualified peer reviewers specific to the paper (and, be recognized and "worth the time" of said peer reviewers).

      However, such a function could still be done by not-for-profit professional organizations overlayed on publicly-available papers. Your arXiv paper might get "peer reviewed by 11 random internet schmoes," but things of note might get an additional "Approved by selected $PRESTIGIOUS_JOURNAL reviewers." The $PRESTIGIOUS_JOURNAL could be run by, e.g., a professional association or university consortium, rather than profiteering douchebags --- universities already shell out shitloads of money for Elsevier library subscriptions (and, I know a lot of university librarians hate Elsevier's guts for ruthless price-gouging), so re-directing those funds to replace Elsevier bastards is well within the range of possibility if enough big-name institutions got behind it (as they've already done with arXiv).

  19. Maybe they're shooting for a new slogan: by QilessQi · · Score: 3, Funny

    "Every-von Vould Be Better Off Publishink Else-vier"

  20. Important detail missing. by BitterOak · · Score: 1

    One thing I was unable to ascertain from the article was whether Elsevier was going after authors who share the preprint version of their paper, or the one that is typeset by Elsevier. I have published in Elsevier journals before, and I send the preprint to arxiv.org where it will be permanently available for free. Then, after they accept it for publication, they send a PDF of the article typeset as it will appear in the journal, which is the same content, but laid out more professionally. When signing over the copyright, I signed a non-exclusive right to Elsevier, meaning I retained the right to distribute the preprint version of the paper. (This is required as the research was funded by the U.S. government.) I do not have the right, however, to publicly redistribute the Elsevier version of the paper. (Although I don't think they mind my sharing it privately with colleagues).

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    1. Re:Important detail missing. by David+Gerard · · Score: 1
      --
      http://rocknerd.co.uk
  21. This has made the news by David+Gerard · · Score: 1
    --
    http://rocknerd.co.uk
  22. The Solution lies within the Institution by MarkvW · · Score: 1

    This is the fault of the Schools. The Schools pressure academics to publish, and the only publishing outlet is often Elsevier.

    The Schools need to bind all of their academics to these contractual terms:
    (1) The School reserves the right to openly publish all work of its author-professors for no money.
    (2) The School designates the author-professor of the work as its agent for such open publishing.
    (3) The School will never ever second guess any decision made by the agent/author-professor's regarding any open publishing decisions that the agent/author-professor makes.
    (4) This agreement does not limit the author-professor's ability to profit from his or her work in any way whatsoever.

    This would solve the problem.

    Why wouldn't this work?

  23. Article is flame bait by siwelwerd · · Score: 5, Informative

    This is complete flame bait. Here is a link to what Elsevier allows authors to do with their articles: http://www.elsevier.com/journal-authors/author-rights-and-responsibilities#author-posting . The article asserts that posting to your own website is a violation of the agreement; note that Elsevier explicitly states that this is allowed. Posting the submitted version to preprint servers (e.g. arxiv.org) is explicitly allowed. What you can't do is post to some third party for-profit website, which is apparently how they view this academia.edu place. Given that they have an "about" page bragging about their investors, and they have a CEO, it does not seem far fetched to conclude that this academia.edu is gaining commercially from your posting the article, which is an explicit violation of the agreement with the publisher.

    So to me, this is a non-story. Disclosure: I have no love for Elsevier, but I have published with them in the past and will again in the future (we junior faculty don't have the luxury of taking principled stands).

    1. Re:Article is flame bait by David+Gerard · · Score: 1

      Turns out they lied: they will DMCA you putting up a preprint. http://science.slashdot.org/comments.pl?sid=4527505&cid=45622313

      --
      http://rocknerd.co.uk
    2. Re:Article is flame bait by siwelwerd · · Score: 1

      I don't think so--it appears the problem there was that he posted the paper to a Google website, not his own or his institution's.

    3. Re:Article is flame bait by Anonymous Coward · · Score: 0

      And that should be a "problem" why, exactly? It's only a "problem" if you're a greedy, profiteering megacorporation. For scientific researchers, a "problem" is not being able to share and transmit your own work in convenient forms (including a Google-hosted personal website). Is a website not "your own" if you outsource the hosting to someone else? Should each researcher be required to personally maintain their own individual physical web server (to make sure it's not too easy for them to share their own papers)? Elsevier's reaction in this case shows exactly why Elsevier's management should be persona non grata in the scientific community, tarred and feathered and run out of town on a rail.

    4. Re:Article is flame bait by StripedCow · · Score: 2

      They may have a point in that Elsevier effectively locks up research behind a paywall, and thereby greatly reduce its accessibility.
      But the arguments should indeed be fair.

      I'd say their activist website should at least contain a reply from Elsevier, and if possible it should offer an open dialogue between scientists and the publisher.

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
  24. Well... by Soft+Cosmic+Rusk · · Score: 1

    I guess we'll just have to publish Elsevier! (I'll see myself out)

  25. The law is wrong by Runaway1956 · · Score: 5, Insightful

    When a corporation is executed for causing the deaths of real people, then we might talk about corporate personhood.

    In fact, when a corporation causes the deaths of hundreds, or even thousands of people, the corporation is protected.

    Union Carbide seems to be doing quite well, despite major disasters such as this one.
    http://en.wikipedia.org/wiki/Bhopal_disaster

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    1. Re:The law is wrong by Anonymous Coward · · Score: 1

      Wishful thinking doesn't make it so.

      Under USA laws (at the Federal Government level, at least), Corporations are considered "persons". There is no "real" person or "virtual" person, just person. And Corporations can be killed. For a recent example, look at the Old GM. The Federal Government, under POTUS Obama, forced the Old GM into bankruptcy and some form of liquidation. The Old GM no longer exists--the person, Old GM, was executed by the Federal Government. The entity called "GM"today is actually the New GM. ("Old GM" and "New GM" were the actual terms used during the recent demise and "resurrection" of what we, layperson, call GM--General Motors or Government Motors.)

    2. Re:The law is wrong by Anonymous Coward · · Score: 0

      Then I take it that you support death sentences for most (all?) murder convictions? Most of the world is opposed to this, why do want to add more reasons to support them.

    3. Re:The law is wrong by Anonymous Coward · · Score: 0

      Wishful thinking doesn't make it so.

      The NEW GM is the OLD GM, with a fresh coat of paint on it, same dirty people behind it, same dirty shenanigans going on under the covers, just the fresh new incorporation papers.

      Nothing NEW here, same old bullshit, no-one in the corporation got hurt, so nothing else matters eh???

      Fuck that, the high level people should have been incarcerated for life, all their assets stripped, force em into hard labor making license plates or little rocks out of big rocks.

    4. Re:The law is wrong by Anonymous Coward · · Score: 0

      I wholeheartedly support the death sentence for murder convictions, as well as for raping and pillaging - corporations that murder, rape and pillage should go under and all assets of said corporation, senior leaders and majority stockholders should be taken, and those people given lethal injections so they can never do those actions again.

      If these people know they will be held accountable, personally, for their corporate antics, then the antics will stop.

      As long as they have that shield of "Can't touch me" corporate personhood surrounding them, they'll do as much as they can get away with.

    5. Re:The law is wrong by sumdumass · · Score: 2

      Corporations are executed all the time. Almost every state has a list of corporations that it has dissolved and or prohibited from operating within it's state.

      What you seem to be confused on is that you actually think a corporation is somehow sentient. It isn't, it requires people inside the corporation to pull the levers and move the switches that make it run. Those people are the ones who are criminally liable for killing people if you can prove it. If the CEO says, "screw the safety cables, get the whatever online" and then something happens causing the death of 5 people, the CEO and everyone under him is criminally liable. Now, if the safety cables get prematurely fatigued and break causing the death of 5 people, then it is more or less an unfortunate accident and penalties are less severe.

      But please, stop pretending the corporation is some sentient being capable of doing anything on it's own.

    6. Re:The law is wrong by Runaway1956 · · Score: 0

      It isn't me that is pretending - it is the corporate bigwigs and government who are pretending.

      A "person" is indeed a sentient entity, capable of good and evil, capable of saving a life, or taking a life. A corporation is a tool, an artifact. It cannot be a person, not now, not ever.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    7. Re:The law is wrong by sumdumass · · Score: 2

      when the corporation is used as a person, it is only done in reference to it's own behalf separated from non-controlling owners in compliance with its fiduciary responsibility. If it wasn't, any contract made would have the same effect as you making a contract with your lawnmower in that if it doesn't start, you cannot take legal action to make it start. Therefore, it has to be considered it's own person for a set of interactions normally present in commerce.

      A corporation is not capable of good and evil, capable of saving a life, or taking a life. It is however capable of being obligated to contracts, following laws, rules, and regulation, and being held accountable vicariously when it fails to do so. A corporation is a tool that separates owners and investors/owners from actions they do not participate in which is essential for investing.

      It cannot be a person, not now, not ever

      The law has, always did, and always will allow it to be a person. You arguing it isn't just means you are either confused or willfully ignoring that.

    8. Re:The law is wrong by Anonymous Coward · · Score: 4, Insightful

      Bad argument, but nice try at getting the conservative talking point across. GM would have gone bankrupt anyway. The federal government became a majority investor in the company, and part of that deal involved certain conditions. A private entity could have, and should have, done something similar but none were willing.

      Part of the reason for that is that the corporate sector saw the "death" of GM as a good thing, since auto makers typically deal with unions and they saw this as a great way to get rid of more organized labor. Unfortunately, by sitting back and doing nothing, the banks and corporate sector opened themselves up to having a different kind of investor come in. This one insisted on bankruptcy, that is making capitalists lose on the risks they took investing in the company, while not screwing over labor so much in the process.

      That is why conservatives hated the GM deal. It showed that investing in a company actually has risk that on occasion one has to deal with, and it didn't screw over workers as much as normal deals do. The investor class perhaps got more screwed than they might have in a private takeover, since those tend to be sweetheart deals that reward the useless as much as possible. The government tried to get private industry to do the takeover themselves and for political reasons they didn't want to and their bluff got called. Sucks to be them. GM is profitable and, as promised, the government is now getting out of that business. They really hate it when something actually works because it flies in the face of the "government is broken and everything it ever touches is a hopeless mess all the time always and forever" meme they've got going on.

      This had absolutely nothing to do with an "execution" for misdeeds and is a terrible example except to get some more anti-Obama propaganda out there. If you want to criticize the man, I can think of a whole lot better and more worthy examples of doing so. Covering up the treasonous crimes of the previous administration, continuing a lot of them including NSA spying, continuing to negotiate "free trade" deals like the TPP, etc.--the list goes on.

    9. Re:The law is wrong by Runaway1956 · · Score: 1

      "A corporation is not capable of good and evil, capable of saving a life, or taking a life."

      I have to disagree with that. Please don't tell me that some corporations aren't run be evil bastards who simply do not care about human life. The individuals responsible for the corporate dealings should be facing the death penalty. And, the corporation's assets should be liquidated, and given to it's victims. I could find a lot more like this - but I'm sure you can do it yourself, if you care to look.

      http://www.cbsnews.com/news/death-toll-in-bangladesh-garment-factory-fire-rises/

      http://worldnews.nbcnews.com/_news/2013/12/02/21714872-deadly-factory-fire-highlights-near-slavery-conditions-in-italy

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    10. Re:The law is wrong by mpe · · Score: 1

      When a corporation is executed for causing the deaths of real people, then we might talk about corporate personhood.

      Or where one is arrested and held in a jail prior to a trial.

    11. Re:The law is wrong by sumdumass · · Score: 1

      You are so close then lose it fabulously in your emotional rants. I'm sort of wondering if you are actually arguing for the sake of arguing or buffaloed into believing what you say to miss your obvious contradictions.

      You see, what you said is somewhat true, the people who run the corporations are the people being evil and not caring. Those people are facing the death penalty when you can prove their guilt. One of the problems is that you often cannot prove guilt that high up but make no mistake, people do go to prison and face the death penalty when they are responsible for someone's death while working at a corporation. As for the death penalty, well, that depends on the law itself. You do not automatically face the death penalty for killing someone and you do not automatically face prison time either. The facts surrounding each death come into play like motivation, mens rea or state of the mind, circumstances surrounding the death like was it an automobile accident or shooting, was it in response to being attacked or a robbery. The lists go on. Now negligence which is what most people working for corporations actualy do is a lot less of a penalty.

      As for the corporates assets, they already do get liquidated, and given to it's victims when the amount of vicarious liability is larger then their worth. The problem you have is that a lot of times the value of the corporation is much larger then the value of the claims against them which is why they survive. The value of the claims are often guided by law but generally set by people just like you who sat on juries and made awards.

    12. Re:The law is wrong by Runaway1956 · · Score: 1

      In the case of Union Carbide that I cited above - is the corporation's assets really worth more than the lives of the people affected? I say, absolutely NOT!

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    13. Re:The law is wrong by sumdumass · · Score: 1

      If the value of it, offset by the amount of insurance paying out is more then the adjudicated values of the lives, then yes it is.

      They do not value lives by the wealth of some entity connected to the death of it. If that was the case, then someone murdered by a homeless man would be worthless where a homeless man hit by a rich bitch in their Bentley would be worth loads more. The courts, law, and legal apparatus determines the value of the lost life through a variety of means including people left behind and their conditions without that person and assess it against the corporations through the course of law. If the corporation has enough funds through insurance and assets, then their assets could be worth more. If they do not, then they will not be worth more.

      If the courts say each and every person's life was worth 1 million dollars which most are not (legally), then 300 people dieing is only 300 million dollars which is generally not more then the assets of a multinational corporation. Of course there will be penalties by law and other costs associated with it and if the accidents are not intentional or due to deliberate disregard to safety regulations, then insurance will kick in and cover portions of that also.

      If you closed down every corporation and take all their wealth and assets, you will end up with way more people being negatively effected by unemployment and the lack of products at reasonable prices then were effected by the deaths. That is not to say corporations should not pay, but unless they are consistently having accidents and killing people, 10 times what they would ever earn in a life time or whatever mode they use to determine the value in court should be sufficiently capable of compensating for the loss.

  26. Limited period by Runaway1956 · · Score: 3, Interesting

    next_ghost gave you the essential details. Fact is, there is no benefit to society if you are permitted to keep your works secret. There is no benefit to society for "protecting" your "rights" for any extended period of time.

    You are merely permitted those exclusive rights for a short period, as an incentive for you to produce more works that might benefit society. If you fail to capitalize on your ideas within five or ten years, certainly within fifteen years, then your idea really wasn't worth much.

    No one in history has ever had an idea or discovered new knowledge that was worth a lifetime of luxury.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  27. The solution is easy by FredGauss · · Score: 1

    See the following. This isn't the only case of this, or the first but a representative case of things to come I hope:

    http://www.sigir.org/forum/F2001/sigirFall01Letters.html

    Many journals (Elsevier even) now have an "open publication model" if you're willing to pay them $2-$3K up front to cover costs. Some other open journals have a similar model. The cost for libraries to subscribe to journals as an institution is massive. If funds were instead allocated to paying basic fees for editing in lieu of subscription costs, this would be circumvented. One problem is older stuff stuck behind paywalls.
    In any case, the tide will turn. Publishing companies must evolve if they hope to avoid being a tiny footnote in history 50 years from now. (Assuming there's space in the margin)

  28. A name like what? by Runaway1956 · · Score: 2

    I'm assuming that with a name like Anonymous Coward, you may not even be human. It CERTAINLY doesn't sound like a French name!

    You do state that your research is funded by corporations. But, what about your education? Which corporations paid for your education? Or, like the rest of us, did you suck at the public teat while being educated?

    Your holier-than-thou attitude has the credibility of a priest caught in the act with a naked little boy.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    1. Re:A name like what? by Anonymous Coward · · Score: 0

      I'm assuming that with a name like Anonymous Coward, you may not even be human. It CERTAINLY doesn't sound like a French name!

      Well, I'm not French. So?

      You do state that your research is funded by corporations. But, what about your education? Which corporations paid for your education? Or, like the rest of us, did you suck at the public teat while being educated?

      Author's who got English degree's from public universities must release their books freely then? Your analogies are terrible.

  29. Compulsory licensing by tepples · · Score: 1

    If you really want to fix the copyright mess, the only way is to get rid of copyright completely and replace it with [compulsory licensing].

    This is already the law for a few specific uses of works, such as recording cover versions of musical works.

    And of course zero revenue means zero cut to be paid.

    And therein lies the difference: producers of "premium" works would BAWW that distribution without charge "cheapens" their works.

    1. Re:Compulsory licensing by next_ghost · · Score: 1

      If you really want to fix the copyright mess, the only way is to get rid of copyright completely and replace it with [compulsory licensing].

      This is already the law for a few specific uses of works, such as recording cover versions of musical works.

      Payright is not the same thing as compulsory licensing. Compulsory licensing is an exception to universal monopoly. The existence of the monopoly itself causes lots of problems without actually solving all that much. Also, whenever the original artist is supposed to be paid for uses covered by the compulsory licence, the money has to go through a government-appointed third party that usually gets to set the licence fees.

      If we look at compulsory licensing as one possible implementation of payright, it's a really bad one. Rather, the need for existence of compulsory licensing is a proof that payright is the right way to go.

      And therein lies the difference: producers of "premium" works would BAWW that distribution without charge "cheapens" their works.

      Note: do not confuse distribution without charge and distribution without revenue. Distribution without charge can still generate revenue and the artist should get a generous slice of that.

    2. Re:Compulsory licensing by tepples · · Score: 1

      Distribution without charge can still generate revenue

      It can also generate a lot of legal fees for determining what "revenue" is related to distribution of copies of a particular work.

  30. Eldred v. Ashcroft by tepples · · Score: 1

    What "short period"? The Supreme Court ruled in Eldred v. Ashcroft that a bill widely denounced as "perpetual copyright on the installment plan" did not violate "for limited Times" in the Copyright Clause.

    1. Re:Eldred v. Ashcroft by Runaway1956 · · Score: 1

      Exactly - and it was wrong. Copyright was never meant to apply for decades, or centuries, or longer. Copyright law today is a corruption of copyright, plain and simple.

      There should be no surprise that few people have any respect for copyright law.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    2. Re:Eldred v. Ashcroft by next_ghost · · Score: 1

      Copyright law today is a corruption of copyright, plain and simple.

      The idea of copyright itself is a corruption of how the process of creativity and innovation actually works. You can never create anything new without building on the past. And the newest past everybody can freely build upon is over a century old. Anything newer is in the middle of copyright minefield.

    3. Re:Eldred v. Ashcroft by DanielRavenNest · · Score: 1

      > You can never create anything new without building on the past.

      That's an argument for limited copyright terms. Society grants you free use of all the pre-existing stuff, in return for adding your contribution to the free pool after a certain time. You get a short time for exclusive distribution as an incentive. If you want perpetual copyright, you can't have used anything provided by society, starting with things like language and music notation. Yeah, Disney, society lets you use those fairy tales, and the motion picture camera, and lots of other stuff. Now give something back.

  31. It is clear to us and we will put a stop to it! by Anonymous Coward · · Score: 1

    Mr. Rockefeller,

    Our paramount concern is indeed to maintain the quality and integrity of the scientific record. Today's journals act as central
    gatekeepers, but they are just one component in a holographic network of control. We have many other means apart from t
    he journals to channel scientific research and activity into acceptable avenues of endeavor. When the situation warrants it,
    we can easily withdraw tenure and escalate with a number of measures to bring about marginalization and elimination. It would
    very well be feasible to maintain control over research even in the case of a decentralized scenario. Wikipedia is a great
    success and validates the patterns of control we would then establish. While we are not critically threatened by this situation
    I suggest we put a stop to these developments immediately. Just because our controls are resilient does not mean we would be
    wise to ignore when they are attacked.

    The most compelling reason to intercede and is that we are facing an bottom to top culture change initiated by a few rebellious
    characters in the community. Today they are only lashing out against the journals but if this is allowed to succeed what if further
    controls are neutralized? I strongly suggest to dissuade the responsible parties from continuing to agitate further before they gain
    further traction.

    Mr. Cog

  32. Physical Review is non-profit by Strange+Attractor · · Score: 1

    Physical Review is published by the APS http://www.aps.org/about/ which "is a non-profit membership organization". I feel much better about such publishers than I feel about Elsevier.

  33. Full Metal Jacket by Anonymous Coward · · Score: 0

    mic key mou se

  34. Same Old Sleezebags by Anonymous Coward · · Score: 0

    In 2002 Elsevier published a fake peer-reviewed journal, "The Australasian Journal of Bone & Joint Medicine," as a means of hawking products for Merck & Co. It was published sporadically for three years.

    Last year they lobbied to revoke the NIH guidelines which require publicly-funded research to be made freely available after some delay.

    Not only are they greedy, they are unprincipled. They have lost my faith and my sympathy.

  35. Good Opportunity for Google by miroku000 · · Score: 1

    This seems like a really good opportunity for Google. They should start running their own journals. They make the rules of the game fair. They would likely get massive support if they did it. They would just need a large PR campaign.

  36. academia.edu fails to specify any license to use by Anonymous Coward · · Score: 0

    When the spokesman had this question put to him he pretty much dropped the ball.

  37. Why referee? by MouseTheLuckyDog · · Score: 1

    Ok. I get why people submit articles to these journals.
    But what I don't get is why people edit and review for these journals for free.
    Many mathematicians are refusing to do it for Elsevier, in the Boycott Elsevier movement, and it has been having an impact.

    1. Re:Why referee? by Anonymous Coward · · Score: 0

      Being accepted as a reviewer, or onto the editorial board, of a few household-name journals looks good on your academic resume at funding time.

  38. "no one forced you to" by Laconique · · Score: 1

    I see this perspective - 'no one forced you to publish with them' etc - voiced in some comments here. I appreciate that many of us need such fantasies of individual sovereignty to even get out of bed in the morning, this doesn't apply to academia. Most people have no choice practically of where the top journals in their fields are. They could theoretically publish elsewhere, only not to be read the very few peers there are to begin with, or lose a chance at tenure, placement, etc.

  39. Centralization of the means of production and... by FatLittleMonkey · · Score: 1

    I work at a big national laboratory that is funded by the US government.
    [...]
    Sadly I don't have a good idea for a solution.

    Socialism.

    Given the number of papers written by just US government funded researchers, it seems that there would be sufficient numbers to easily fill up government funded journals in all the major research areas. (Phys, chem, geo, bio/med, psych/soc, and a bunch for engineering.) Since the govt holds the purse-strings, they can, with the stroke of a pen, require that all government funded research papers are published first in the official govt run journals. Publish those journals for free electronically, with paper copies at cost of materials/distribution. And scientists/depts/agencies/etc can then still distribute their own material as they see fit in addition.

    Given the number of government funded researchers in the world, would expand nicely into best-of "International" versions of these journals. And universities should quickly opt in, especially when so much research in major universities comes from government funding, so will be bound by the new rule anyway. And once you've got all the world's government and university researchers... Elsevier and co are already dead.

    ["Centralization of the means of production and socialization of labor at last reach a point where they become incompatible with their capitalist integument. Thus integument is burst asunder. The knell of capitalist private property sounds.
    The expropriators are expropriated." - Das Capital]

    --
    Science is all about firing a drunk pig out of a cannon just to see what happens.
  40. Getting sick of the bullshit. by Anonymous Coward · · Score: 0

    Authors want to get paid
    Authors want to make sure their research gets read

    Pick one or the other. Or self publish.

  41. s/Elsevier/Elrentier/g by 12WTF$ · · Score: 1

    This thread is hilarious if you use GreaseMonkey to change each instance of Elsevier to Elrentier.
    If you dont and read it straight, then its very sad that the rentier business model (IP trolling, patent trolling, etc) is such viscous immorality.

    --
    Cryonics - Keep cool and carry on.
  42. tiresome dweeb by epine · · Score: 1

    What is a cynic? A man who knows the price of everything and the value of nothing. And a sentimentalist, my dear Darlington, is a man who sees an absurd value in everything, and doesn't know the market place of any single thing.

    I think this needs updating.

    What is a tiresome dweeb? A poster who knows the logic of everything and the proportion of nothing.

    That was the point of my first response.

  43. Re: Anonymous shills by Anonymous Coward · · Score: 0

    Actually, you're the one that's full of crap. Depends on the field to a certain extent but most scientists who publish in pay journals these days are greasy pole climbers and chances are they're not particularly good scientists. A good scientist wants to communicate and publishing in anything paywalled these days is going to be worse communication than publishing in an open access journal.

    The extensive anonymous shilling that's going on with this story is just one more example of Elseviers' lack of ethics. They can die in a fire.

  44. Elsevier conference and lack of submissions by Spacelem · · Score: 1

    I was at the recent Elsevier Epidemics 4 conference (a good conference by the way, they've discussed many important things and highlighted a lot of important work), and they noted that despite growing attendance over the last few years, they've received fewer and fewer submissions to their Epidemics journal, despite it being Open Access. I suspect the boycott is indeed starting to bite.

  45. Honest Question by Anonymous Coward · · Score: 0

    Does the author own the rights in the first place? In most places the funding body owns copywright for your work.
    I understand that some governments have those open access terms for things they pay for but that still doesnt answer the question of who owns the copywright.
    I've signed a document saying that the university owns the rights to my research (I guess its the same for US funded research) and that means when I publish I sign those rights away to some private company.
    Do I have the right to give the intellectual property of my funding body (Govt, NSF, NIH, CNRS, University or whatever) away to the publisher?
    Does that mean that every time a researcher publishes something the funding body gives his/her work away to the publisher?

    1. Re:Honest Question by spasm · · Score: 1

      I'm currently research faculty at a large public university in California, with about 90% of my work funded by the NIH. When I was hired I had to sign something saying the University holds some intellectual property rights to anything I *patent* which was developed using university resources. Likewise the NIH requires me to report any patents or income derived from projectes they've funded (I'm not sure what happens if I do patent something - the kind of research I do doesn't lead to patents or income). However I retain exclusive *copyright* on anything I author, regardless of funding source or which university I work for. So if a given research project led to a patent and two papers, I could not give or sell the rights to the patent without involving both the university and whichever agency funded the research, but I am free to give away or otherwise reassign copyright on the papers without needing to talk to anyone else first. As a minor sidenote, the US is also a signatory to the Bearne convention on copyright, which means no matter what I sign with respect to copyright, I retain the "moral right" to be identified as the author of the paper, just the same as the Beatles might have signed away copyright to all their songs but retain an inalienable right to be identified as the authors of that music.

  46. Elsevier has zero credibility now by Anonymous Coward · · Score: 0

    They retract the Seralini study for being "inconclusive" even though that is NOT grounds for retraction. The 3 reasons to retract a study were not met so they did it for the study being "inconclusive"? Since when has that been a criteria for retraction?

    Not that I agree with the results of that study but the line in the retraction statement "the results presented (while not incorrect) are inconclusive" is TOTAL BS!

    http://www.theecologist.org/blogs_and_comments/commentators/2187010/scientists_pledge_to_boycott_elsevier.html

    “This arbitrary, groundless retraction of a published, thoroughly peer-reviewed paper is without precedent in the history of scientific publishing, and raises grave concerns over the integrity and impartiality of science,” more than 100 signatories wrote in a petition to Elsevier. The group said it will no longer publish, purchase, or review articles in Elsevier publications unless the retraction is reversed.

  47. What stops authors from... by spmkk · · Score: 1

    ...opening up their research to the public BEFORE submitting it for publication to a publisher like Elsevier? I know this is a naive question, and I'm not posing it to make a point.

    As I understand it, study authors generally don't make a profit from selling the results of their studies (they've been paid for their time in doing the research), so it seems to me they would have nothing to lose from making those results publicly available for free (i.e. public domain) prior to journal publication. In this way, an author would render the "copyright transfer" mentioned in this article meaningless, since the work is no longer copyrightable; as such, they could subsequently re-post it wherever they liked. No?

  48. READ THE FULL COMMENT by 12WTF$ · · Score: 1

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    --
    Cryonics - Keep cool and carry on.
  49. Don't (just) boycott or fulminate: Deposit! by AmSciForum · · Score: 1

    Elsevier may have enough clout with take-down notices to 3rd-party service providers (and might be able to weather the backlash blizzard that will follow) -- but not with institutions self-archiving their own research output. I take this as yet another cue to push 100% for immediate institutional deposit mandates and the Button from all institutions and funders. Since 2004 Elsevier formally recognizes their authors' right to do immediate, unembargoed OA self-archiving on their institutional website. And even if they ever do try to rescind that, closed-access deposit is immune to take-down notices. (But I don't think Elsevier will dare arouse that global backlash by rescinding its 9-year policy of endorsing unembargoed Green OA -- they will instead try to hope that they can either bluff authors off with their empty-double-talk about "systematicity" and "voluntariness" or buy their institutions off by sweetening their publication deal on condition they don't mandate Green OA) See: http://j.mp/OAngelic

  50. RACKETEERING by Anonymous Coward · · Score: 0

    Seems that according to the law this falls right onto racketeering... will be nice to see what happens when the FBI gets inside Elseviers pants...

    http://en.wikipedia.org/wiki/Racket_%28crime%29