Some Misconceptions about Software in the Copyright Literature by Joshua Bloch, Pamela Samuelson :: SSRN

Abstract:  The technical complexity and functionality of computer programs have made it difficult for courts to apply conventional copyright concepts, such as the idea/expression distinction, in the software copyright case law. This has created fertile ground for significant misconceptions. In this paper, we identify fourteen such misconceptions that arose during the lengthy course of the Google v. Oracle litigation. Most of these misconceptions concern application programming interfaces (APIs). We explain why these misconceptions were strategically significant in Oracle’s lawsuit, rebut them, and urge lawyers and computer scientists involved in software copyright litigation to adopt and insist on the use of terminology that is technically sound and unlikely to perpetuate these misconceptions.


Publish, Don’t Perish: Recommendations for Mitigating Impacts of the New Federal Open Access Policy

“In August, the White House Office of Science and Technology Policy issued a new policy requiring that all federally funded scholarly research be accessible to the public immediately upon publication. While this open access policy will ultimately benefit society by increasing the availability of data and research outputs, it could place a heavy burden on researchers due to the relatively high cost of open access alongside an academic culture that tends to favor publishing in high impact subscription journals. We examine the complexities of the traditional publishing landscape and offer recommendations for agencies, universities, and publishers to mitigate the impacts on researchers. Specifically, we recommend a short-term increase in funding to cover higher publishing costs, but contributions from all stakeholders are needed to facilitate a long-term solution.”

Editorial: The push toward open access – el?Azhary – 2023 – International Journal of Dermatology – Wiley Online Library

“Although not new, OA is being pushed vigorously now. The aim is to allow free access to articles, all over the world. The subscription model above would be pushed aside. And who pays for this? The authors pay. Ironically, readers cannot get a magazine or a book for free, even online, but they could get a medical article for free online. The author though would pay an article processing charge (APC), maybe as high as $3,500, to the publisher in order to get their article published. Imagine, a manuscript detailing and summarizing 3–4?years of hard work, and then the author pays to publish….”

Supporting open access publishing for books: myth-busting webinars event summary – Research

“As part of our work with UKRI to support the implementation of the UKRI open access policy for monographs, book chapters and edited collections published from 1 January 2024, we re-visited some of the key areas of concern for researchers that surfaced during the consultation period for the policy (see UUK Open access and monographs. Evidence review and Open access and monographs: Where are we now? A position paper by the British Academy).

There was a clear need for a focused period of engagement with key stakeholder groups such as researchers/academics across all career levels, librarians/scholarly communication managers, research offices, and rights holders, with the aim being to split the real issues from the perceived problems. As a result, we collaborated with a number of UK university presses and the Open Access Books Network to hold a series of webinars on the subject of the myths around open access for books, as well as to address legitimate concerns and suggest ways to remove barriers to open access publishing.

We held three 90-minute webinars, each consisting of three short presentations from a panel including authors, publishers, open access publishing support services and policy makers. These were then followed by a Q&A session where audience questions were invited. All sessions were chaired by an expert in the field of open access.

The opening session set the context and covered the key themes, and this was then followed by more focused sessions covering specific areas in more detail. You can find all the event recordings, transcripts, presentations, and our panels’ responses to the questions we didn’t have time to cover on our Events webpage and also via the links below….”

Open access books myth busting three: copyright and third party rights clearance – Jisc

“In August 2021, UKRI launched a new open access policy, which for the first time includes a provision for long form scholarly works including monographs, book chapters and edited collections published from 1 January 2024. In preparation for policy implementation, a collaboration of UK university presses, supported by Jisc, have come together to hold a series of online events about the myths around open access for books, as well as to address legitimate concerns and suggest ways to remove barriers to open access publishing.

This webinar is the last in the series, and in it, authors, publishers and other experts in the field will dispel some of the myths around issues relating to copyright and the use of third-party content in open access publishing for books, exploring misconceptions and confusions along the way….”

PsyArXiv Preprints | Three Myths about Open Science That Just Won’t Die

Abstract:  Knowledge and implementation of open science principles and behaviors remains uneven between and within sub-disciplines in psychology, despite over 10 years of education and advocacy. One reason for the slow and uneven progress of the movement is a set of closely-held myths about the implications of open science practices, exacerbated by the relative isolation of various sub-disciplines in the field. This talk will cover three of the major recurring myths: that open science is in conflict with prioritizing diversity, that “open data” is a binary choice between fully open and accessible and completely closed off, and that preregistration and registered reports are only appropriate for certain types of research designs. Putting these myths to rest is necessary as we work towards improving our scientific practice.


Questioning the efficacy of ‘gold’ : open access to published articles

Abstract:  Aim To question the efficacy of ‘gold’ open access to published articles. Background Open access is unrestricted access to academic, theoretical and research literature that is scholarly and peer-reviewed. Two models of open access exist: ‘gold’ and ‘green’. Gold open access provides everyone with access to articles during all stages of publication, with processing charges paid by the author(s). Green open access involves placing an already published article into a repository to provide unrestricted access, with processing charges incurred by the publisher. Data sources This is a discussion paper. Review methods An exploration of the relative benefits and drawbacks of the ‘gold’ and ‘green’ open access systems. Discussion Green open access is a more economic and efficient means of granting open access to scholarly literature but a large number of researchers select gold open access journals as their first choices for manuscript submissions. This paper questions the efficacy of gold open access models and presents an examination of green open access models to encourage nurse researchers to consider this approach. Conclusion In the current academic environment, with increased pressures to publish and low funding success rates, it is difficult to understand why gold open access still exists. Green open access enhances the visibility of an academic’s work, as increased downloads of articles tend to lead to increased citations. Implications for research/practice Green open access is the cheaper option, as well as the most beneficial choice, for universities that want to provide unrestricted access to all literature at minimal risk. Keywords Open access, self-archiving, publishing, repository, scholarly literature, dissemination



Opinion: Open access is not open – The Varsity

“The convenience of accessing open-access science literature for free comes at a cost to the authors themselves. In the case of open-access journals, researchers are required to pay Article Processing Charges (APCs) for publishing their accepted work. Furthermore, as an unnamed senior researcher from North America included in a recent study points out, open access may disadvantage authors in institutions lacking in resources. 

In many instances, researchers cannot access or download their own work or that of their colleagues due to paywall restrictions. The lack of accessibility and control over one’s own copyright material and how it is disseminated is a predicament reminiscent of the reason why Taylor Swift decided to claim ownership for her music by re-recording her old albums. …”

Expanding Globally, Listening Locally: Open Science in Africa – The Official PLOS Blog

“PLOS has made big leaps in the past year with the launch of five new journals, piloting business models that will make Open Access publishing more equitable and expanding our global footprint in locally responsible ways to get closer to researchers. 

Our collaboration with the African Association of Universities (AAU) and the Training Centre in Communication (TCC Africa) is a visible way we are moving our mission forward and including the broadest range of voices, globally. 

On the 26th April, 2022, we publicly launched this collaboration via a webinar for Presidents, Vice Chancellors, Rectors, Deputy Vice Chancellors, Directors of Research and Directors of Libraries of African Universities. Our partnership will consist of a series of regional workshops across the African continent, focusing on increasing awareness and providing training around Open Science practices and Open Access publishing. …

Some of the main takeaways from these discussions were: 

There is still a lack of awareness overall on what Open Science is, and the implications it has for stakeholders within the scholarly communication ecosystem. 
Particularly, many misconceptions exist around Open Science and Open Access, e.g. the credibility of open peer review. Their benefits need to be clearer for stakeholders: authors, readers, as well as institutional stakeholders such as the Research Offices. 
Academic libraries/librarians are often active in advocating for Open Science and Open Access within their institutions; therefore their involvement is and will be key in progressing adoption. They are, of course, well versed in these topics from their discussions with publishers and their roles with institutional repositories.
There are concerns around cost (article publication charges) and intellectual property rights: if material is open, how can we ensure it is not subject to abuse/manipulation
Incentives for practicing Open Science are not embedded within research assessment and career progression…”

Why does open access make publishing more complicated?

“Open-access publishing is going mainstream. This is sometimes a requirement, but it is also perceived as complex. That’s understandable, considering that OA comes in so many definitions and shades; gold, green, platinum and diamond journals and more shape a moving landscape where different stakeholders push their own agenda.

For researchers, navigating this landscape requires consideration of costs, funding, licences and copyright issues. All these aspects are relatively new compared with the traditional subscription-based system, where researchers would not worry about subscription costs any more than libraries would care about the details of the reviewing process. Redistribution of tasks along the publishing process forces universities and institutions to reorganise their support system. Who can and who should help? And how to do so? …”


Where is Open Access Publishing Heading? – ChemistryViews

“One of the first Gold Open Access (OA) titles published by Wiley, ChemistryOpen, has turned 10 years old! We are celebrating this milestone by taking the opportunity to reflect on the role of Gold OA in the current STEM (science, technology, engineering, and mathematics) publishing landscape.

Although many Open Access titles such as ChemistryOpen are now firmly established within chemistry journals, there are still some open questions about this publishing model in the community. This article attempts to address some of these frequently asked questions. Read more on the 10th birthday of ChemistryOpen and the history of the first society-owned Open Access title in general chemistry, the other types of OA publishing models, what is behind the payment of Article Publication Charges (APCs), and how publishing Open Access benefits you and your audience….”

Elena Giglia, Open Science is here to stay — Filologia Classica e Italianistica – Ficlit

“What lessons did we learn from the COVID pandemic? How has the crisis impacted the current scholarly communication system? And, all in all, does the current scholarly communication work? Are you happy with the way your research is evaluated? During this workshop we shall see the reasons why we need Open Science, how it works, and what you can do starting tomorrow to open up every step of your research – without harming your career. We shall also try to overcome common misunderstandings on Open Access, Open Science and FAIR data and we shall discuss the future of research in the EOSC – European Open Science Cloud era.”

Eine postdigitale Bibliothek der Kunstgeschichte – Gespräch mit Golo Maurer von der Bibliotheca Hertziana, Rom (1) – Aus der Forschungs­bibliothek Krekelborn

From Google’s English:  “Open Access (OA) has nothing to do with publishing suddenly becoming free. There are no volunteers doing slave service. If the publication is to have quality, it has to be edited and proofread, it has to be set and provided with illustrations, etc., just as it used to be. The costs only shift, but have to be paid for. The Max Planck Digital Library (MPDL) has an interesting financing model: It assumes that one third of the costs will be paid by the MPDL, one third by the publisher and one third by the author. The publisher can pursue a double strategy by offering the online publications in OA mode, but at the same time producing print copies that are subject to a fee. Such are still wanted by some institutions and private individuals.  …

If you, as a non-institutional author, want to publish your contribution OA, either the publisher has to bear all the costs or you share them with the publisher. In this respect, OA is window dressing….”