Ingenta: coda

When I snipped the screenshot of the last post ( Ingenta: It gets even worse; corrupt and resell ) I missed a tiny detail. In such small print it really doesn’t matter, does it:
ingenta1.PNG
ingenta1.PNG
the only problem – it’s MY article. MY copyright.
And the terms and conditions?…

Terms and Conditions

Ingenta offers its users the ability to obtain certain articles from various publishers. Particular articles are displayed in the manner in which they appear in the journals in which they are originally published and are made available through Ingenta’s service in conjunction with the entirety of the journals in which they were published. Such articles are made available to Ingenta’s users under arrangements between Ingenta and the publishers of such journals, and also, in some instances, under arrangements between the users and such publishers.
To the extent that Ingenta offers users the ability to order articles that are not contained within Ingenta’s system, Ingenta’s system offers users the ability to search databases containing the table of contents of those journals, and the table of contents of the entire journal will be available to the user, if the user desires. Where articles not contained within Ingenta’s system are ordered, those articles are reproduced from the original journal in which they appear under arrangements with the publishers of such journals.
The articles made available through Ingenta’s service are protected by copyright and other intellectual property laws. To the best of Ingenta’s knowledge, the publishers that use Ingenta’s service to make documents available have secured all necessary rights to make these documents available to be copies by the users. Use of these documents by Ingenta’s users may be restricted by the user’s agreement with the publisher. In addition, any user’s unauthorized copying, distribution, public display, public performance, and preparation of derivative works from such documents is prohibited by copyright law.
By using this service, the user represents and warrants that he or she will not use the service in any manner that would violate any third party’s copyright, intellectual property, or other rights. Any violations or potential violations should promptly be reported to help@ingentaconnect.com
THIS SERVICE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER Ingenta NOR ITS PARENT CORPORATIONS, SUBSIDIARY CORPORATIONS, SUCCESSORS, AFFILIATES, OR ASSIGNS (COLLECTIVELY, “INGENTA”) SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR THE USE OR MISUSE OF THIS SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW TO PREVENT THE RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF INGENTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

PMR: so OUP appears to have colluded with Ingenta. ” The articles made available through Ingenta’s service are protected by copyright and other intellectual property laws.” Indeed. But whose copyright?
I wait to hear replies from both

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One Response to Ingenta: coda

  1. Kirsty Luff says:

    Dear Professor Murray-Rust
    In response to the comments raised on your blog today regarding Oxford Journals and Ingenta, we can confirm that steps have been taken to ensure that all content from Nucleic Acids Research and also open access content from journals published under the hybrid author pays model (Oxford Open) is freely accessible via Ingenta. Furthermore, Oxford Journals is currently liaising with other individual article suppliers to ensure that OA articles that use the Creative Commons Licence are freely available from all sites/platforms.
    Kind regards
    Kirsty Luff
    Senior Communications and Marketing Manager
    Oxford Journals

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