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	<title>Comments on: Scientists should NEVER use CC-NC. This explains why.</title>
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	<link>http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/</link>
	<description>A Scientist and the Web</description>
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		<title>By: Commercial Exploitation of Content and the Instagram Story &#171; UK Web Focus</title>
		<link>http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-119202</link>
		<dc:creator>Commercial Exploitation of Content and the Instagram Story &#171; UK Web Focus</dc:creator>
		<pubDate>Thu, 20 Dec 2012 09:40:38 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-119202</guid>
		<description>[...] These developments reflect a more general move towards the minimisation of barriers to the reuse  of content, not just by others in the public sector but by the wider community. Such policies can help to stimulate growth in the economy by ensuring that resources are spent in development activities and not in negotiating licences. Such approaches are well-established in the software development environment in which open source software products are freely-available for everyone to use (large companies, such as Microsoft, thus benefit from using open source software products such as the Apache Web server).  In the area of content, Peter Murray-Rust has argued that Scientists should NEVER use CC-NC. This explains why. [...]</description>
		<content:encoded><![CDATA[<p>[...] These developments reflect a more general move towards the minimisation of barriers to the reuse  of content, not just by others in the public sector but by the wider community. Such policies can help to stimulate growth in the economy by ensuring that resources are spent in development activities and not in negotiating licences. Such approaches are well-established in the software development environment in which open source software products are freely-available for everyone to use (large companies, such as Microsoft, thus benefit from using open source software products such as the Apache Web server).  In the area of content, Peter Murray-Rust has argued that Scientists should NEVER use CC-NC. This explains why. [...]</p>
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		<title>By: Now Elsevier starts a PLoS ONE clone &#171; Sauropod Vertebra Picture of the Week</title>
		<link>http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101612</link>
		<dc:creator>Now Elsevier starts a PLoS ONE clone &#171; Sauropod Vertebra Picture of the Week</dc:creator>
		<pubDate>Fri, 16 Dec 2011 01:09:16 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101612</guid>
		<description>[...] on to give a long list of things that you&#8217;re not allowed to do with FEBS Open Bio articles.  As Peter Murray-Rust points out, it&#8217;s not Open Access if it has the &#8220;non-commercial&#8221; clause, which has all sorts [...]</description>
		<content:encoded><![CDATA[<p>[...] on to give a long list of things that you&#8217;re not allowed to do with FEBS Open Bio articles.  As Peter Murray-Rust points out, it&#8217;s not Open Access if it has the &#8220;non-commercial&#8221; clause, which has all sorts [...]</p>
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		<title>By: pm286</title>
		<link>http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101441</link>
		<dc:creator>pm286</dc:creator>
		<pubDate>Sat, 10 Dec 2011 17:39:23 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101441</guid>
		<description>I have changed my views regularly and have commented on them from time to time. This should not be a surprise. For example this blog started as CC-NC and I then changed and explained why.

I shall address the tidying of the licences.</description>
		<content:encoded><![CDATA[<p>I have changed my views regularly and have commented on them from time to time. This should not be a surprise. For example this blog started as CC-NC and I then changed and explained why.</p>
<p>I shall address the tidying of the licences.</p>
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		<title>By: Andrew Dalke</title>
		<link>http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101401</link>
		<dc:creator>Andrew Dalke</dc:creator>
		<pubDate>Fri, 09 Dec 2011 16:26:33 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101401</guid>
		<description>My point is that your own philosophical views on the acceptable form of licenses has changed over the last few years, and I don&#039;t think you are aware of the change. That is, you now say that two practices you did in CML were incorrect; a too-vague license and a derivation prevention clause which you now believe &quot;curtails innovation.&quot; I look forward to your essay on the topic.

You can call them bugs if you want, but they aren&#039;t. How do I send you a patch? I can&#039;t. If I change the LICENSE.txt file without explicit confirmation from you, then I strongly doubt it has legality. How do I get commit rights to sites where you don&#039;t have commit rights? The primary &quot;bug&quot; is that there&#039;s no unambiguous license to the CML spec, such that someone can start using it without having to contact you for explicit permission.

The reciprocity offer &quot;if you find a bug .. fix it&quot; has not aged well. Few people believe it&#039;s true. Searching now, page after page of projects say things like &quot;If you find a bug or misbehavior, please let us know, so that we can fix it.&quot; Not, &quot;if you find a bug, send us the fix.&quot;  Your view places a high barrier to entry and implies a moral obligation that I personally dislike. Pointing out a bug *is* getting involved, and I don&#039;t want the extra responsibility of commit rights.

Are you actually saying that unless I&#039;m willing to spend, what, a day on straightening things up for you, then it&#039;s not going to change? Do you presume that I have more free time for this than you do?

I don&#039;t know how the CML code in InChI is at all relevant to this discussion. The CML schema that I&#039;m talking about is different code and a difference license than the LGPL CML parser in InChI. In addition, you misremember OpenEye&#039;s request. In the email you posted to the OB list, they asked for either the BSD license *or* a waiver for the LGPL requirement &quot;to enable the end user to be able to replace and rebuild the executable with an alternate version of the LGPL code&quot;, because they ship .a file and statically linked binaries, with no mechanism to rebuild.</description>
		<content:encoded><![CDATA[<p>My point is that your own philosophical views on the acceptable form of licenses has changed over the last few years, and I don&#8217;t think you are aware of the change. That is, you now say that two practices you did in CML were incorrect; a too-vague license and a derivation prevention clause which you now believe &#8220;curtails innovation.&#8221; I look forward to your essay on the topic.</p>
<p>You can call them bugs if you want, but they aren&#8217;t. How do I send you a patch? I can&#8217;t. If I change the LICENSE.txt file without explicit confirmation from you, then I strongly doubt it has legality. How do I get commit rights to sites where you don&#8217;t have commit rights? The primary &#8220;bug&#8221; is that there&#8217;s no unambiguous license to the CML spec, such that someone can start using it without having to contact you for explicit permission.</p>
<p>The reciprocity offer &#8220;if you find a bug .. fix it&#8221; has not aged well. Few people believe it&#8217;s true. Searching now, page after page of projects say things like &#8220;If you find a bug or misbehavior, please let us know, so that we can fix it.&#8221; Not, &#8220;if you find a bug, send us the fix.&#8221;  Your view places a high barrier to entry and implies a moral obligation that I personally dislike. Pointing out a bug *is* getting involved, and I don&#8217;t want the extra responsibility of commit rights.</p>
<p>Are you actually saying that unless I&#8217;m willing to spend, what, a day on straightening things up for you, then it&#8217;s not going to change? Do you presume that I have more free time for this than you do?</p>
<p>I don&#8217;t know how the CML code in InChI is at all relevant to this discussion. The CML schema that I&#8217;m talking about is different code and a difference license than the LGPL CML parser in InChI. In addition, you misremember OpenEye&#8217;s request. In the email you posted to the OB list, they asked for either the BSD license *or* a waiver for the LGPL requirement &#8220;to enable the end user to be able to replace and rebuild the executable with an alternate version of the LGPL code&#8221;, because they ship .a file and statically linked binaries, with no mechanism to rebuild.</p>
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		<title>By: Richard Kidd</title>
		<link>http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101389</link>
		<dc:creator>Richard Kidd</dc:creator>
		<pubDate>Fri, 09 Dec 2011 10:22:52 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101389</guid>
		<description>It is. If only we had a means to, oh, I don&#039;t know, preserve electronic communications. Then we wouldn&#039;t need to rely on crowdsourced recollections. I have asked the others involved (ie in PMR&#039;s group) permission to post the last email exchange when we reached agreement that sentences were enough. A year ago. If they grant permission I will be delighted to post it here.</description>
		<content:encoded><![CDATA[<p>It is. If only we had a means to, oh, I don&#8217;t know, preserve electronic communications. Then we wouldn&#8217;t need to rely on crowdsourced recollections. I have asked the others involved (ie in PMR&#8217;s group) permission to post the last email exchange when we reached agreement that sentences were enough. A year ago. If they grant permission I will be delighted to post it here.</p>
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		<title>By: pm286</title>
		<link>http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101385</link>
		<dc:creator>pm286</dc:creator>
		<pubDate>Fri, 09 Dec 2011 08:28:43 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101385</guid>
		<description>Egon Willighagen has posted his own account http://chem-bla-ics.blogspot.com/2011/12/open-science-and-non-commercial.html which differs in details from both your and my recollection. It&#039;s a useful contribution.</description>
		<content:encoded><![CDATA[<p>Egon Willighagen has posted his own account <a href="http://chem-bla-ics.blogspot.com/2011/12/open-science-and-non-commercial.html" rel="nofollow">http://chem-bla-ics.blogspot.com/2011/12/open-science-and-non-commercial.html</a> which differs in details from both your and my recollection. It&#8217;s a useful contribution.</p>
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		<title>By: pm286</title>
		<link>http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101384</link>
		<dc:creator>pm286</dc:creator>
		<pubDate>Fri, 09 Dec 2011 08:24:08 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101384</guid>
		<description>I agree with you that licensing is difficult! I will blog about this. 

There are a variety of sites where CML is found. In some of these CML schema is codistributed with code, others it stands alone. I can think of at least 3 places which variously use GPL, LGPL, Apache and Artistic 2.0. Some of these licensing decisions were outside my control. As you know we had a considerable discussion on the Blue Obelisk list about the licensing of CML in InChI where I was under pressure to change the CML licence from LGPL to BSD because a software company had requested the InChI group to do this. I have not been able to get the consent of my co-author on this (I haven&#039;t tried very hard). And formally therefore I can&#039;t migrate the code - I would have to get someone to rewrite it without looking at the code. 

There is a technical problem as to where the licence resides. If it&#039;s inside each file there is a major problem of maintenance. If it&#039;s on a site (as technically it is for Sourceforge) then it covers the Schema - which I regard as declarative code.

The current schemas have been developed by Joe Townsend and are on www.xml-cml.org. It appears that the  licence information is not attached. It should be and I have to try to (a) get the password to the site and permission to change it (b) find resources to do it. Again, I make the standard Open Source offer that if you find a bug - and this is a bug - then you are welcome to join the project and fix it.

I agree that I have made mistake in the past and have tried to fix them as I have time. As an example I started this blog as CC-NC and then about 1-2 years in was persuaded to change. The CC-BY licence was attached to the Wordpress skin. When the Wordpress software was upgraded (I am not allowed to have access) the licence got dropped off. I didn&#039;t notice this and I cannot technically do this. I have added a simple statement to the &quot;about&quot; on the site.

So the licences attached to CML code and schema need considerable tidying up. These are bugs in a complex software system, not a deliberate act. I have made my intention clear and if you wish to help implement it you are very welcome. 

The situation with commercial publishing transactions is quite different. It is their primary business to understand licences. It is clear that for many of them it is a deliberate act to use NC. Moreover unless projects such as CML which depend on voluntary contributions the publishers are charging authors 3000 USD for each NC licence. Give me 3000 USD and I&#039;ll get someone to tidy up CML.</description>
		<content:encoded><![CDATA[<p>I agree with you that licensing is difficult! I will blog about this. </p>
<p>There are a variety of sites where CML is found. In some of these CML schema is codistributed with code, others it stands alone. I can think of at least 3 places which variously use GPL, LGPL, Apache and Artistic 2.0. Some of these licensing decisions were outside my control. As you know we had a considerable discussion on the Blue Obelisk list about the licensing of CML in InChI where I was under pressure to change the CML licence from LGPL to BSD because a software company had requested the InChI group to do this. I have not been able to get the consent of my co-author on this (I haven&#8217;t tried very hard). And formally therefore I can&#8217;t migrate the code &#8211; I would have to get someone to rewrite it without looking at the code. </p>
<p>There is a technical problem as to where the licence resides. If it&#8217;s inside each file there is a major problem of maintenance. If it&#8217;s on a site (as technically it is for Sourceforge) then it covers the Schema &#8211; which I regard as declarative code.</p>
<p>The current schemas have been developed by Joe Townsend and are on <a href="http://www.xml-cml.org" rel="nofollow">http://www.xml-cml.org</a>. It appears that the  licence information is not attached. It should be and I have to try to (a) get the password to the site and permission to change it (b) find resources to do it. Again, I make the standard Open Source offer that if you find a bug &#8211; and this is a bug &#8211; then you are welcome to join the project and fix it.</p>
<p>I agree that I have made mistake in the past and have tried to fix them as I have time. As an example I started this blog as CC-NC and then about 1-2 years in was persuaded to change. The CC-BY licence was attached to the WordPress skin. When the WordPress software was upgraded (I am not allowed to have access) the licence got dropped off. I didn&#8217;t notice this and I cannot technically do this. I have added a simple statement to the &#8220;about&#8221; on the site.</p>
<p>So the licences attached to CML code and schema need considerable tidying up. These are bugs in a complex software system, not a deliberate act. I have made my intention clear and if you wish to help implement it you are very welcome. </p>
<p>The situation with commercial publishing transactions is quite different. It is their primary business to understand licences. It is clear that for many of them it is a deliberate act to use NC. Moreover unless projects such as CML which depend on voluntary contributions the publishers are charging authors 3000 USD for each NC licence. Give me 3000 USD and I&#8217;ll get someone to tidy up CML.</p>
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		<title>By: Andrew Dalke</title>
		<link>http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101376</link>
		<dc:creator>Andrew Dalke</dc:creator>
		<pubDate>Fri, 09 Dec 2011 00:39:27 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101376</guid>
		<description>I&#039;m looking at the repository at http://cml.svn.sourceforge.net/viewvc/cml/jumbo5/trunk/LICENSE.txt?revision=157&amp;view=markup with a last edit of that license from 5 years ago.  The Wikipedia page on CML claims that that is the primary repository, and I see you made a commit 13 months ago, so I assume it&#039;s still the active repository.  Where is the primary repository? As it stands, Jumbo is under the Artistic License but CML is not. Where is the documentation which says otherwise?

In our email exchange of 2 years ago you said you would update the codebase to say &quot;Artistic 2.0&quot; because the current statement does not specify which Artistic Version you mean, and 1.0 is incompatible with the GPL. Your &quot;glib&quot; written use of the underspecified phrase &quot;Artistic license&quot; in 1996 is of course quite similar to how others say &quot;This work is published Under a Creative Commons License&quot; without specifying just which license they mean.

If you, with your long experience in dealing with copyright issues and licenses, find it difficult to fully specify the licenses of the software you write, and difficult to maintain those licenses over time even with access to the repository, then you can well understand why so many people, who have little experience in these matters, find it very confusing!</description>
		<content:encoded><![CDATA[<p>I&#8217;m looking at the repository at <a href="http://cml.svn.sourceforge.net/viewvc/cml/jumbo5/trunk/LICENSE.txt?revision=157&#038;view=markup" rel="nofollow">http://cml.svn.sourceforge.net/viewvc/cml/jumbo5/trunk/LICENSE.txt?revision=157&#038;view=markup</a> with a last edit of that license from 5 years ago.  The Wikipedia page on CML claims that that is the primary repository, and I see you made a commit 13 months ago, so I assume it&#8217;s still the active repository.  Where is the primary repository? As it stands, Jumbo is under the Artistic License but CML is not. Where is the documentation which says otherwise?</p>
<p>In our email exchange of 2 years ago you said you would update the codebase to say &#8220;Artistic 2.0&#8243; because the current statement does not specify which Artistic Version you mean, and 1.0 is incompatible with the GPL. Your &#8220;glib&#8221; written use of the underspecified phrase &#8220;Artistic license&#8221; in 1996 is of course quite similar to how others say &#8220;This work is published Under a Creative Commons License&#8221; without specifying just which license they mean.</p>
<p>If you, with your long experience in dealing with copyright issues and licenses, find it difficult to fully specify the licenses of the software you write, and difficult to maintain those licenses over time even with access to the repository, then you can well understand why so many people, who have little experience in these matters, find it very confusing!</p>
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		<title>By: Richard Kidd</title>
		<link>http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101373</link>
		<dc:creator>Richard Kidd</dc:creator>
		<pubDate>Thu, 08 Dec 2011 23:40:29 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101373</guid>
		<description>Peter

I acknowledge that in a subsequent post you add
&quot;(I hold my hand up and admit I got some details wrong); and for misinterpreting their motives. I may well have misrepresented them, but since I am not aware of major policy statements from RSC on Open Access, Licensing of Content, and their reaction to the Hargreaves report on intellectual property and copyright I have to make my own judgments.&quot;

I acnowledge the bit in parentheses, but - in your own words, it&#039;s (mumble). Corrections should be specific, and at the very least appear in the post to which they apply, rather than six posts up the page. You often update the body of posts, but not in this case, so it remains with its major premise based on an inaccurate anecdote.

I reiterate, in case no-one gets my point, that because we agreed to release what OSCAR needed for the training, the rest of the speculation abour RSC and our motives, which were based on the erroreous report, collapses. OA, and Hargreaves, is irrelevant to what was readily agreed a year ago to non-OA content.</description>
		<content:encoded><![CDATA[<p>Peter</p>
<p>I acknowledge that in a subsequent post you add<br />
&#8220;(I hold my hand up and admit I got some details wrong); and for misinterpreting their motives. I may well have misrepresented them, but since I am not aware of major policy statements from RSC on Open Access, Licensing of Content, and their reaction to the Hargreaves report on intellectual property and copyright I have to make my own judgments.&#8221;</p>
<p>I acnowledge the bit in parentheses, but &#8211; in your own words, it&#8217;s (mumble). Corrections should be specific, and at the very least appear in the post to which they apply, rather than six posts up the page. You often update the body of posts, but not in this case, so it remains with its major premise based on an inaccurate anecdote.</p>
<p>I reiterate, in case no-one gets my point, that because we agreed to release what OSCAR needed for the training, the rest of the speculation abour RSC and our motives, which were based on the erroreous report, collapses. OA, and Hargreaves, is irrelevant to what was readily agreed a year ago to non-OA content.</p>
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		<title>By: pm286</title>
		<link>http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101370</link>
		<dc:creator>pm286</dc:creator>
		<pubDate>Thu, 08 Dec 2011 23:06:48 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.ch.cam.ac.uk/pmr/2011/11/29/scientists-should-never-use-cc-nc-this-explains-why/#comment-101370</guid>
		<description>Thanks Andrew,
Let me first say publicly that the CML schema is Open and forkable. It has been distributed under the Artistic 2.0 licence since 2006. This licence allows derivative works but requires the derived work to record its ancestry and to be distributed under a different name.

The primary problem is licence maintenance. Some of the exposed software is on servers where licence information has not always been copied to every file. Ultimately this is my responsibility but I am relatively stretched for resources, and there are servers where it is difficult for me to access. If you would like to volunteer to clean up the licences on the CML sites I would be delighted and will work to give you access. 

I have not used &quot;CML Schema is distributed under a Creative Commons license, allowing redistribution but NOT derivative works.” for many years. It is possible that it still resides in old files - again if you find them I am happy to give you permission to access them. If there were a magic button that would refresh licences on all the sites I would press it.</description>
		<content:encoded><![CDATA[<p>Thanks Andrew,<br />
Let me first say publicly that the CML schema is Open and forkable. It has been distributed under the Artistic 2.0 licence since 2006. This licence allows derivative works but requires the derived work to record its ancestry and to be distributed under a different name.</p>
<p>The primary problem is licence maintenance. Some of the exposed software is on servers where licence information has not always been copied to every file. Ultimately this is my responsibility but I am relatively stretched for resources, and there are servers where it is difficult for me to access. If you would like to volunteer to clean up the licences on the CML sites I would be delighted and will work to give you access. </p>
<p>I have not used &#8220;CML Schema is distributed under a Creative Commons license, allowing redistribution but NOT derivative works.” for many years. It is possible that it still resides in old files &#8211; again if you find them I am happy to give you permission to access them. If there were a magic button that would refresh licences on all the sites I would press it.</p>
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