Michael Eisen explains why HR.3699 and RWA (rolling back the Open publishing clock) are wrong

Michael Eisen works in gene regulation and is a co-founder of the world-changing Open publisher PloS. Like many of us he strongly opposes the proposed US bills HR.3699 and RWA which will forbid public funders to require that published research is Open. Here’s his article in the NY Times

http://www.nytimes.com/2012/01/11/opinion/research-bought-then-paid-for.html Take a minute to read it.

 

And here is his blog:

http://www.michaeleisen.org/blog/?p=807

the US National Institutes of Health instituted a Public Access Policy:

The NIH Public Access Policy ensures that the public has access to the published results of NIH funded research. It requires scientists to submit final peer-reviewed journal manuscripts that arise from NIH funds to the digital archive PubMed Central upon acceptance for publication.  To help advance science and improve human health, the Policy requires that these papers are accessible to the public on PubMed Central no later than 12 months after publication.

The policy has provided access for physicians and their patients, teachers and their students, policymakers and the public to hundreds of thousands of taxpayer-funded studies that would otherwise have been locked behind expensive publisher paywalls, accessible only to a small fraction of researchers at elite and wealthy universities.

The policy has been popular – especially among disease and patient advocacy groups fighting to empower the people they represent to make wise healthcare decision, and teachers educating the next generation of researchers and caregivers.

But the policy has been quite unpopular with a powerful publishing cartels that are hellbent on denying US taxpayers access to and benefits from research they paid to produce. This industry already makes generous profits charging universities and hospitals for access to the biomedical research journals they publish. But unsatisfied with feeding at the public trough only once (the vast majority of the estimated $10 billion dollar revenue of biomedical publishers already comes from public funds), they are seeking to squeeze cancer patients and high school students for an additional $25 every time they want to read about the latest work of America’s scientists.

The publishers have written their case in deliberately misleading language – their “private sector” means anyone who isn’t a government employee

The term `private-sector research work’ means an article intended to be published in a scholarly or scientific publication, or any version of such an article, that is not a work of the United States Government (as defined in section 101 of title 17, United States Code), describing or interpreting research funded in whole or in part by a Federal agency and to which a commercial or nonprofit publisher has made or has entered into an arrangement to make a value-added contribution, including peer review or editing. Such term does not include progress reports or raw data outputs routinely required to be created for and submitted directly to a funding agency in the course of research.

They are using intentionally misleading language to distinguish works funded by the government but carried out by a non-governmental agency as “private sector research”. Thus, under this bill, works funded by the NIH but carried at a University would be “private sector research”.

** WHERE IS THE BEST PLACE TO REGISTER MASS OPPOSITION TO THESE BILLS? The OA community doesn’t seem to be lobbying for support – at least not at high visibility. We have to become activists. Our freedoms – and we don’t have enough of them – are being taken away. When I tweeted a request for action no one answered.

I need a simple site where I can point people at and they can take 5 mins to protest.

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2 Responses to Michael Eisen explains why HR.3699 and RWA (rolling back the Open publishing clock) are wrong

  1. Mike Taylor says:

    I’ve also wanted to know this. I mentioned the RWA in my submission to the OSTP RFI, but that is not the same thing.

  2. See:
    “Research Works Act H.R.3699:
    The Private Publishing Tail Trying To Wag The Public Research Dog, Yet Again”
    http://openaccess.eprints.org/index.php?/archives/867-guid.html
    EXCERPT:
    The US Research Works Act (H.R.3699): “No Federal agency may adopt, implement, maintain, continue, or otherwise engage in any policy, program, or other activity that — (1) causes, permits, or authorizes network dissemination of any private-sector research work without the prior consent of the publisher of such work; or (2) requires that any actual or prospective author, or the employer of such an actual or prospective author, assent to network dissemination of a private-sector research work.”
    Translation and Comments:
    “If public tax money is used to fund research, that research becomes “private research” once a publisher “adds value” to it by managing the peer review.”
    [Comment: Researchers do the peer review for the publisher for free, just as researchers give their papers to the publisher for free, together with the exclusive right to sell subscriptions to it, on-paper and online, seeking and receiving no fee or royalty in return].
    “Since that public research has thereby been transformed into “private research,” and the publisher’s property, the government that funded it with public tax money should not be allowed to require the funded author to make it accessible for free online for those users who cannot afford subscription access.”
    [Comment: The author’s sole purpose in doing and publishing the research, without seeking any fee or royalties, is so that all potential users can access, use and build upon it, in further research and applications, to the benefit of the public that funded it; this is also the sole purpose for which public tax money is used to fund research.]”
    H.R. 3699 misunderstands the secondary, service role that peer-reviewed research journal publishing plays in US research and development and its (public) funding.
    It is a huge miscalculation to weigh the potential gains or losses from providing or not providing open access to publicly funded research in terms of gains or losses to the publishing industry: Lost or delayed research progress mean losses to the growth and productivity of both basic research and the vast R&D industry in all fields, and hence losses to the US economy as a whole.
    What needs to be done about public access to peer-reviewed scholarly publications resulting from federally funded research?
    The minimum policy is for all US federal funders to mandate (require), as a condition for receiving public funding for research, that: (i) the fundee’s revised, accepted refereed final draft of (ii) all refereed journal articles resulting from the funded research must be (iii) deposited immediately upon acceptance for publication (iv) in the fundee’’s institutional repository, with (v) access to the deposit made free for all (OA) immediately (no OA embargo) wherever possible (over 60% of journals already endorse immediate gratis OA self-archiving), and at the latest after a 6-month embargo on OA.
    It is the above policy that H.R.3699 is attempting to make illegal…
    http://openaccess.eprints.org/index.php?/archives/867-guid.html

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