[open-science] [SCHOLCOMM] Libre open access, copyright, patent law, and, other intellectual property matters
jtw at del-fi.org
Wed Mar 21 14:48:20 GMT 2012
We must think *strategically* and not *academically*.
It isn't helpful to frame the text mining debate in copyright terms.
Text mining is a contractual problem, not a copyright problem, but
because publishers insist on layering text mining prohibitions on top of
copyright licenses, they have conflated the two in a way that libre open
access can untangle.
Here's an example of how elsevier does this, but they're hardly alone.
Either they have to stop bundling prohibitions on text mining with
licenses, stop using DRM to enforce prohibitions, and stop chilling bulk
downloading by text miners without threatening lawsuits (which then we
can use your arguments to defend, in court, against their army of
lawyers, using our massive financial advantage as an open movement
against a bunch of multinational corporations with arms-dealing
resources), or we need libre OA to include text mining as a strategic
goal of the overall OA movement.
For me the choice is pretty clear. Expecting publishers to unbundle text
mining from their licensing agreements and eliminate DRM is magical
thinking, and the primary legal use arguments for text mining are only
good as defenses *after* one has been sued, not prospective rights one
can claim to prevent injunction. See lessig: fair use is the right to
call a lawyer and nothing more.
We need explicit rights to text mine that obviate the language
publishers use to prevent it. Leveraging copyright law to prevent them
from adding those preventions is better strategy than planning to beat
back the copyright cartel in court, IMHO.
IANAL, YMMV, etc.
> 2012/3/20 Heather Morrison<hgmorris at sfu.ca>:
>> A post on libre open access, copyright, patent law, and other intellectual
>> property matters. In brief, I argue that text and data mining materials on
>> the open web does not require special permissions. This has implications for
>> understanding what needs to happen to make libre open access a reality.
>> Comments welcome.
More information about the open-science