Request for CODATA definition of Open Access

Followup to http://wwmm.ch.cam.ac.uk/blogs/murrayrust/?p=445

[Open letter, copied to http://wwmm.ch.cam.ac.uk/blogs/murrayrust/?p=446]
Dear Drs. Noelle and Hartmann,
science-softCon
Dr. Andreas Noelle
Auf der Burg 4
D-63477 Maintal
Germany
Phone: +49(0)6181 498414
Fax: +49(0)6181 498415
E-Mail: andreas.noelle@science-softCon.de
Internet: www.science-softCon.de
UV/Vis Spectra Data Base SAG
Dr. Gerd K. Hartmann (Speaker)
Auf der Burg 4
D-63477 Maintal
Germany
Phone: +49(0)6181 498414
Fax: +49(0)6181 498415
E-Mail: gerd.hartmann@science-softCon.de
Internet: www.science-softCon.de

I am a chemist interested in open semantic data, especially in chemistry, and have developed an XML approach to the management of molecules, spectra, crystallography, etc. (CML, Chemical Markup Language). I am promoting the concept of “Open Data” (http://en.wikipedia.org/wiki/Open_data) where access to and re-use of data is toll-free (i.e. does not cost money) and is permission-free (there is no need to request permission before re-using the data for any legal purpose). I was therefore very interested in your spectral data at http://www.uv-spectra.de/ which, in principle, I would be interested in converting to CML in the same way as we have done robotically for crystallography: (http://wwmm.ch.cam.ac.uk/crystaleye).
You describe this as “open access” under the definition of CODATA (CSPR) but when I visit the site I find that I am required to pay 100 EUR per year to access the data [1].  What concerns me is the use of the term “open access”, especially with the full authority of CODATA for whom I have enormous respect. The almost universally accepted use of the term “open access” is from one of the Budapest, Bethesda or Berlin declarations (see http://en.wikipedia.org/wiki/Open_access and from (http://www.soros.org/openaccess/read.shtml):

By “open access” to this literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited.

Taken logically this declaration (which is essentially universally accepted) requires that an “open access” resource be free-to-access for everyone and that the data in part or full can be completely re-used without further permission.
I cannot see how a database which requires users to pay for the data [2] can be described as “open access” but I cannot access the CODATA definition to which your refer. I would be extremely grateful if you could supply me with (an electronic copy of) the CODATA definition of “open access” and show how the spectral database was compliant with it.
I have been concerned that the term “open access” is becoming too vague to act as a precise description of access and re-use permissions and there has been a lively discussion on the blog http://wwmm.ch.cam.ac.uk/blogs/blogs/murrayrust/. I would like permission to quote your reply, especially any definitions, and ask that you make it clear what sections of your reply cannot be quoted publicly.
With best wishes – I hope that this database turns out to be “open access” in the sense I have quoted when I would be interested in collaboration.
Peter
[1] (Some metadata “data sheet” appear to be visible and free”)
[2] There is an information-barter mechanism whereby users can pay in spectra rather than cash – and I approve of such schemes – but they are not “open access”
Peter Murray-Rust
Unilever Centre for Molecular Sciences Informatics
University of Cambridge,
Lensfield Road,  Cambridge CB2 1EW, UK
+44-1223-763069

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