[Oa-italia] Fwd: [GOAL] Some Quaint Elsevier Tergiversation on "Rights Retention"

Maria Cassella maria.cassella a unito.it
Mar 27 Nov 2012 10:43:03 CET

Alcune vie dell'Open Access sono ben viste, altre no.

saluti alla lista

-------- Messaggio originale --------
Oggetto: 	[GOAL] Some Quaint Elsevier Tergiversation on "Rights Retention"
Data: 	Fri, 23 Nov 2012 10:21:05 -0500
Mittente: 	Stevan Harnad <amsciforum a gmail.com>
Rispondi-a: 	Global Open Access List (Successor of AmSci) 
<goal a eprints.org>
A: 	Global Open Access List (Successor of AmSci) <goal a eprints.org>
CC: 	sparc-ir a arl.org, jisc-repositories <JISC-REPOSITORIES a jiscmail.ac.uk>

*Preamble:* If you wish to sample some of the most absurd, incoherent, 
pseudo-legal gibberish on the subject of "rights" retention, 
"systematicity" and free will, please have a look at what follows under 
"*Elsevier Article Posting Policies* 
below. (And bear in mind that an institution only provides a tiny 
fraction of any journal's content.)

Any author foolish enough to be intimidated by this kind of garbled 
double-talk deserves everything that's coming to him.

*My Advice to Authors*: Ignore this embarrassing, self-contradictory 
nonsense completely and exercise your retained "right" to post your 
final refereed draft ("AAM") in your institutional repository 
immediately upon acceptance, whether or not it is mandatory, secure in 
the knowledge that from a logical contradiction anything and everything 
(and its opposite) follows! (And be prepared to declare, with hand on 
heart, that as an adult, every right you exercise with your striate 
musculature is exercised "voluntarily.")

[By the way, as long as Elsevier states that its authors retain the 
right to post "voluntarily", Elsevier, too, remains on the Side of the 
<http://www.google.ca/search?q=Elsevier+angels+blogurl%3Ahttp%3A%2F%2Fopenaccess.eprints.org%2F&hl=en&lr=&c2coff=1&safe=active&biw=1014&bih=768&sa=X&ei=LI2vUPOLHNDI0AGanYCoAg&ved=0CCIQpwUoBw&source=lnt&tbs=cdr%3A1%2Ccd_min%3A2000%2Ccd_max%3A2013&tbm=blg> insofar 
as immediate, unembargoed Green OA self-archiving is concerned. It's 
just that the Angels are a bit glossalalic...]


    *Elsevier Article Posting Policies*

    *Accepted author manuscripts (AAMs)*

    /Definition: /An accepted author manuscript (AAM) is the author's
    version of the manuscript of an article that has been accepted for
    publication and which may include any author-incorporated changes
    suggested through the processes of submission processing, peer
    review, and editor-author communications. AAMs do not include other
    publisher value-added contributions such as copy-editing,
    formatting, technical enhancements and (if relevant) pagination.

    /Policy:/ Authors retain the right to use the accepted author
    manuscript for personal use, internal institutional use and for
    *permitted scholarly posting* provided that these are not for
    purposes of commercial use or systematic distribution...

    *Permitted scholarly posting: *_/Voluntary/_ [emphasis added]
    posting by an author on open websites operated by the author or the
    author's institution for scholarly purposes, as determined by the
    author, or (in connection with preprints) on preprint servers...

    ...Elsevier believes that individual authors should be able to
    distribute their AAMs for their personal /_voluntary_/ [emphasis
    added] needs and interests, e.g. posting to their websites or their
    institution's repository, e-mailing to colleagues. However, our
    policies differ regarding the /_systematic aggregation or
    distribution of AAMs to ensure the sustainability of the journals to
    which AAMs are submitted_/ [emphasis added]. Therefore, deposit in,
    or posting to, subject-oriented or centralized repositories (such as
    PubMed Central), or institutional repositories with *systematic
    posting mandates* [emphasis added] is permitted only under specific
    agreements between Elsevier and the repository, agency or
    institution, and only consistent with the publisher's policies
    concerning such repositories. _/Voluntary/_ [emphasis added] posting
    of AAMs in the arXiv subject repository is permitted.

    Systematic distribution means: policies or other mechanisms designed
    to aggregate and openly disseminate, or to substitute for
    journal-provided services, including:

    --- The systematic distribution to others via e-mail lists or list
    servers (to parties other than known colleagues), whether for a fee
    or for free...

    --- Institutional, funding body or government manuscript posting
    policies or* mandates* that aim to aggregate and openly distribute
    the work by its researchers or funded researchers...

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