Stevan Harnad – a tireless evangelist of OA – has replied to my points. He has been consistent in arguing the logic below and I agree with the logic. The problem is that few people believe that this allows us to act as he suggests.
Stevan argues that current Green Open Access allows us to do all we wish with the exposed material without permission. However when I spoke to several repositories managers at the JISC meeting all were clear that I could not have permission to do this with their current content. I asked “can my robots download and mine the content in your current open access repository of theses?” – No. “Can you let me have come chemistry theses from your open access collection so I can data-mine them/” – No – you will have to ask the permission of each author individually. So Stevan’s views on what I can do iseem not to be – unfortunately – widely held.
Specific issues:
My concern was not with just with material in repositories but elsewhere. Some publishers allow posting on green open access on web sites but debar it from repositories. So the concerns remain.
The MIT repository deliberately adds technical restrictions from printing there theses and this also technically prevents data and text mining. There are some hacks possible to get round this but it comes close to dishonesty and illegailty.
“derivative works” is a phrase that doesn’t work well in the data-rich subjects and we need something better. But it’s what the licenses use at present.
In data-rich subjects Linking to repositories is often little use. I need thousands of texts on specialist machines accessed with high frequency and bandwidth.
My problem is not with Stevan’s views but that few others give positive support to them, particularly not the repository managers. Maybe I’m too cautious…
June 12th, 2007 at 3:37 am eOpen Access: What Comes With the Territory
Peter Murray-Rust’s worries about OA are groundless. Peter worries he can’t be be sure that:
Pay no attention. Download, print, save and crunch (just as you could have done if you had keyed in the text from reading the pages of a paper book)! [Free Access vs. Open Access (Dec 2003)]
It will. The University OA IRs all see to that. That’s why they’re making it OA. [Proposed update of BOAI definition of OA: Immediate and Permanent (Mar 2005)]
Versions are tracked by the IR software, and updated versions are tagged as such. Versions can even be DIFFed.
You may not create derivative works. We are talking about someone’s own writing, not an audio for remix, And that is as it should be. The contents (meaning) are yours to data-mine and reuse, with attribution. The words, however, are the author’s (apart from attributed fair-use quotes). Link to them if you need to re-use them verbatim (or ask for permission).
Yes, you can. Download and crunch away.
This is all common sense, and all comes with the OA territory when the author makes his full-text freely accessible for all, online. The rest seems to be based on some conflation between (1) the text of research articles and (2a) the raw research data on which the text is based, and with (2b) software, and with (2c) multimedia — all the wrong stuff and irrelevant to OA).
Stevan Harnad
American Scientist Open Access Forum