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  • Management of the New Infrastructure for Electronic Publications - American Academy of Arts & Sciences
    new technology and the new generation of scientists who are growing up with it But like any new ideas as Max Planck once said New scientific truth does not triumph by convincing its opponents and making them see the light but rather because its opponents eventually die and a new generation grows up that is familiar with it 3 In other words it will take time for any change to take place Furthermore it will also take some good planning Having a new idea and actually reducing it to practice are two very different things Without a realistic and solid infrastructure the suggestions offered by this study panel will be at best a footnote in some manuscript of the future Print publishing is really not any different from other businesses or organizations It is just that the times have not yet caught up with it In the past few years many companies and organizations have discovered the old ways of doing business will not work Sears the giant retailer looked down on Walmart and their sales policy of everyday low prices and now Walmart is a larger company IBM was afraid to cannibalize on their lucrative and successful mainframe computer business and Microsoft and Intel are now rival computer giants History is full of giants who couldn t adapt In the case of scholarly publishing print publishers have a very serious problem with today s technology Computers and the Internet and the related infrastructure are really a better way to provide the customer with the product they want and need The print publisher is for the most part although they say it is not true just a middleman They obtain manuscripts from authors at no cost have them peer reviewed at no cost other than postage and handling pay an editor a trivial sum of money to oversee the process spend a good deal of money to process print market and sell the manuscripts and then charge a large sum of money to deliver the product back to the person who had given it away at no cost Clearly there is also a cost to do this middleman work in electronic form The remainder of this presentation is devoted to a proposed infrastructure of publishing in the future Just as insurance companies did not benefit from going from paper to computers in the beginning because at first they did not change their process only added to its cost by having computers the infrastructure proposed here will not be just an electronic version of what there is now in print First there needs to be a responsible organization to own or control the scholarly electronic publication Just as in print publishing it can be a company a society a university or a library There needs to be an editor of each scholarly publication as there is in print One needs competent reviewers too and these will be harder to find in the beginning since not everyone is computer literate and computer comfortable Finally manuscripts need to be in computer readable form The New Organization The new structure of a 21st century publisher starts not with a large building and a huge printing press but with various computer systems It starts with a staff competent and literate in the technology and the needs of the community it serves From the organizational view a number of computer systems are needed all connected to the Internet and each other One needs a computer for administrative and business activities subscriptions accounting payroll and so on but some or all of these can be outsourced a computer for articles being reviewed and a computer for the public operational scholarly publication Also needed are a computer and system for archiving the database Also desirable is a computer for software development but it is likely that software such as Netscape or Explorer and their associated add ons and extensions will handle most needs Subscriptions to save costs will be handled in a totally electronic manner either using credit cards or electronic money CyberCash E cash etc Electronic money is probably the best as it requires no manual intervention As electronic publishing of scholarly manuscripts and information is just a small part of the Internet most of the standards that will be used will be developed for the Internet community such as The Internet Engineering Task Force While editing will not disappear in the electronic journal its cost can be reduced substantially by having work done by piece contracting work to competent copy editors around the world via the Internet Why should this be any different than going to third world countries for less expensive manufacturing and programming labor However for a journal that publishes 100 200 or more papers per year there will remain a need for people to manage all the remote copy editors People will also still be needed to take the final manuscript and actually mount it on the operational server and notify the subscribers that a new manuscript has been published or released and is available Not needed will be a staff to watch over articles make sure they fit on a page make sure there are the right number of pages for a particular issue etc Once an article is completed it will go directly to the operational computer to be made available to the customers An e mail message notifying them of the availability of this article will then be sent to the author all subscribers and the abstracting services that include this article in their products An important issue stressed by both scientists and librarians is that of archiving Right now if a journal or publisher ceases to exist there are always some copies of that journal in some libraries Librarians and researchers are happy to believe that the large publishers and professional societies will always exist and therefore always archive their electronic products One way in which new players in this field could show credibility in this area is to

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  • Electronic Clones vs. the Global Research Archive - American Academy of Arts & Sciences
    network a university library system CDL California Digital Library and a typical foreign funding agency the French CNRS Centre National de Recherche Scientifique These are intended to convey the likely importance of library and international components Note that there already exist cooperative agreements with each of these components to coordinate their efforts to facilitate aggregate distributed collections via the open archives protocols http www openarchives org Representing the information level the Figure shows a generic public search engine Google a generic commercial indexer ISI Institute for Scientific Information and a generic government resource the PubScience initiative at the Department of Energy suggesting a mixture of free commercial and publicly funded resources at this level For a biomedical audience the Figure might include services like Chemical Abstracts and PubMed at this level A service such as GenBank is a hybrid in this setting with components at both the data and information levels The proposed role of PubMedCentral would be to fill the electronic gaps in the data layer highlighted by the more complete PubMed metadata At the knowledge level the Figure shows a tiny set of existing physics publishers APS American Physical Society JHEP Journal of High Energy Physics and ATMP Applied and Theoretical Mathematical Physics the second is based in Italy and the third already uses the arXiv entirely for its electronic dissemination BMC BioMedCentral also is included at this level These are the third parties that can overlay additional synthesizing information on top of the information and data levels can partition the information into sectors according to subject area overall importance quality of research degree of pedagogy interdisciplinarity or other useful criteria and can maintain other useful retrospective resources such as suggesting a minimal path through the literature to understand a given article and suggesting pointers to later lines of research spawned by it The synthesizing information in the knowledge layer is the glue that assembles the building blocks from the lower layers into a knowledge structure more accessible to both experts and non experts The three layers depicted are multiply interconnected The green arrows indicate that the information layer can harvest and index metadata from the data layer to generate an aggregation which can in turn span more than one particular archive or discipline The red arrows suggest that the knowledge layer points to useful resources in the information layer As mentioned above the knowledge layer in principle provides much more information than that contained in just the author provided data e g retrospective commentaries etc The blue arrows critical here represent how journals of the future can exist in an overlay form i e as a set of pointers to selected entries at the data level Abstracted that is the current primary role of journals to select and certify specific subsets of the literature for the benefit of the reader A heterodox point that arises in this model is that a given article at the data level can be pointed to by multiple such virtual journals insofar

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  • Science and Science Online - American Academy of Arts & Sciences
    we were getting about 35 000 unique visitors each week before we started requiring a 12 subscription fee for the on line magazine We now have over 15 000 online subscribers While this represents a two thirds loss in those people who were free lurkers about 10 of these subscribers are now also new members of the AAAS In other words they are not only paying the 12 fee they are also paying 107 to become members The curious thing we ve found however is that only about half of those people who have paid to access the on line version of Science have actually gone on line and activated their subscription AF That may explain the lack of participation I have noticed with some of Science s interactive forums which are now only available to subscribers I spoke with one of your editors today about the on line discussion she is trying to get started related to a recent paper published in Science on the current changes underway with regard to intellectual property protections The paper was published almost two weeks ago and I don t think anyone has posted a comment yet Would you say that during this start up period you have an added responsibility to encourage your readers to get on line and activate their subscriptions The flip side to this is won t your readers also have to change their perspective of the magazine and start to view it more like a virtual community FB We have published a series of editorials in the print magazine to extol the virtues of Science On line and let them know what they re missing by not being part of the family Science because of its breadth does have a more difficult time achieving a community spirit Content can t be the only unifier of what we do It has to be scholarship rather than trying to mobilize one discipline which means that we re trying to encourage physicists chemists and biologists for example to all enter into common dialogues We are about to announce a joint web site with the American Medical Association on human genetic illnesses Science will provide the selection of linkages to genetic research and information and the AMA will contribute the linkages to the chromosomal and disease information An interested person could work backwards from the disease or forwards from the gene It is our hope that this kind of resource will work as a bridge between the medical and scientific communities AF I d like to turn to the underlying technology that defines the electronic version of the magazine and management of the innovation process at the heart of its continuing evolution Is it true that Science has outsourced much of the development and management of the technology to HighWire Press Stanford University FB Yes we sit down with HighWire Press each week at our post production meeting where we talk about problems with the web version of the magazine and features we want to add We have a more extensive round of meetings about once a month Then once a quarter we sit down and look over all of our ideas and try to prioritize them and determine what they will require in terms of time and resources HighWire is our technology implementation consultant We don t depend on them for ideas However when they develop ideas for other journals that they publish they will frequently ask us if we re interested in mounting a similar feature We have a very good synergistic and creative relationship with HighWire and I think it has worked to both of our advantages AF Do you foresee a time when you will be able to bring in house the functions carried out by HighWire Press FB Well it s really a budgeting problem We would need a lot of staff to do what HighWire does for us on a weekly basis Our plan all along with HighWire has been that they provide us a set of tools that we can then bring in house Currently we have two staff members a technology manager and an electronic media manager who do most of the work that HighWire did for us initially AF I recently spoke with your technology manager Chris Feldmeyer who described part of the technology management system as involving weekly philosophical meetings during which the editors reminded each other what the objectives are with the electronic version how they differ from the print version what could be done differently etc Since I believe electronic publishing is a high tech venture do you think you will need a more formal technology management plan FB Science is ideally placed for object oriented Java applet kinds of technology where you can write little programs to do exactly what you want and then feed it into a bigger program If we have to decide every week whether we want to go into Microsoft Word or Quark Express the discussions would never allow us to get to the content We have to operate with an informal system of managing the technology that is based on open mindedness and the ability to recognize emerging problems There is no program or tool that we are so committed to that will allow us to plan everything around its implementation In addition the multi headed way in which we have to operate would make a formal plan difficult We have so many groups that need to be coordinated each of whom sees the medium from a slightly different perspective It wouldn t work to have a technology group on the outside try to impose workflow decisions on them When I first started at Science we had a group whose task it was to devise a plan for how to create the on line version of the magazine What they came up with required a lot of software purchasing and lot of this and a lot of that It was just clear to me however that it wasn t going to work So the style that we have here now works very well with the people working for the magazine If we were a wealthy organization we might want to have a chief technology officer who would be leading the way Technology changes so fast and having twelve people who operate as a team in developing the technology means we get 144 times the output of one person based on their synergy and creativity AF As you know the Internet is a global medium To what extent is that impacting some of the decisions being made for Science Are you finding that the electronic version has the possibility to reach people where the print version was not Also what about countries that may censor certain publications or articles based on their content MSNBC ran a story on the Internet in China which has blacklisted 25 publications on the Net by URL including the Washington Post and New York Times FB The one and only place where our Board of Directors has authorized us to create electronic only subscriptions is for China We have a license for the country of China to take Science On line We ll mount our own server at a location there and we ll be the determiners of what goes on the server We will provide Western access for the Chinese scientific community probably by this coming July Interestingly the Chinese have gone after this very aggressively Also the scientific community there has access to the most technologically advanced network backbone in China In terms of your question of the pros and cons associated with a global medium for us because we are the global weekly of Science we want to be available around the world Before going on line relying on the postal service for distribution meant that our overseas subscribers were second class citizens because of the two or three week delay in getting the magazine By distributing the same content electronically we can in principle make it available to them at exactly the same time it is made available to anyone here So that levels the playing field for that kind of competition I should add however that due to bottlenecks in the backbone of the Internet in many locations it might be very unreliable or impossible to get on line and access the magazine We re currently trying to devise methods for solving this problem through dedicated lines and or the use of mirror sites in other parts of the world but that is an added expense and we have to be certain that the revenue is there to at least neutralize these additional costs AF Last question if you were in the process of looking for your replacement what kinds of things would you look for in your applicants FB My current responsibilities as Editor In Chief revolve around executive level planning and leadership as opposed to hands on editing of particular stories and so forth If that is what AAAS s Board of Directors decide they want then I think the criteria for the next person will be exactly as it was for me except that a strong technology background will have to be part of the job description Wired HotWired Wired was founded in 1993 with much fanfare being immediately hailed as a must read for today s digerati With a circulation approaching 400 000 the magazine recently won a 1997 National Magazine Award for general excellence Wired Ventures Inc the privately held company that publishes the magazine launched one of the first commercial electronic magazines three years ago HotWired Central in shaping the way the new interactive world looks and feels HotWired averages 18 million page views per month although that includes their search engine site HotBot up from 1 8 million a year ago and there are 450 000 registered users HotWired actually styles itself as a network rather than a single site its various sections each have their own domain address such as the lively columnists and commentary in Packet and Netizen drink of the week recipes in Cocktail the alternative medicine FAQ in Ask Dr Weil and the back and forth debate in Brain Tennis Louis Rossetto is the cofounder Chairman and Chief Executive Officer of Wire Ventures Inc which includes Wired HotWired and HardWired a book publisher He also serves as editor and publisher of Wired and as director of programming at HotWired Mr Rossetto founded Electric Word a breakthrough computer publication in Amsterdam in 1986 He helped launch and served as editor in chief of O magazine a Dutch language men s lifestyle publication He holds a bachelor s degree in political science and an MBA in finance and marketing from Columbia University He was named co journalist of the year along with Wired s cofounder Jane Metcalfe by the Society for Professional Journalists Northern California Chapter Conversation with Louis Rossetto CEO and Editor Wired and HotWired May 5 1997 AF In the first issue of Wired you related the digital revolution to social changes so profound their only parallel is probably the discovery of fire How has this shaped your editorial style and vision for your magazine especially since you launched HotWired LR I think that when it comes to talking about interactive media and new media forms you can think about it as inventing something new or you can think about it as discovering something that is basically already there but hidden I prefer the latter On other occasions I ve compared what we do on the HotWired side to what Lewis and Clark did when they went out into the Louisiana territory and tried to discover what was there They didn t invent Louisiana or the West They tried to find out what was there and describe the land that they crossed I think that describes somewhat what I feel about new media It is like looking back at television or radio People didn t exactly invent it because now it is what it is immutable You can add incrementally to our knowledge of it but you can t fundamentally change it You can t invent some new chemical that is going to change our perception of that medium in some special way I guess what that means is that I approach new media no matter what the rhetoric is with a certain amount of humility We re not going to be able to conquer it Instead it is likely that new media will teach us some lessons some of which may be very difficult to accept AF As an editor your chief responsibility lies with the production of content How do you see the new web medium impacting this responsibility LR I look at media in general as not just information but as comprising both experience and community Experience in this case is both emotional as well as intellectual such that my mission whether I m working in paper or the electronic media is to provide the best possible experience for the community of people that we re targeting or are attracted to us The experience has to do with the nature of the medium itself and being able to be in sync with it and exploit it to the fullest extent possible Also to deliver intellectually something that people aren t going to get elsewhere I ve said on numerous occasions that we re not in the content business but we re in the context business To survive in the media environment today and the future companies cannot simply deliver raw data For example that is like the raw material of the planet There are only so many large oil companies delivering that raw material Instead it is going to be in how you take that raw material and turn it into something of added value The added value is the intelligence you bring to it and the context that you put it in AF The reason I ask this is that in my conversation with the editor of Science magazine we discussed this issue of what constitutes content in the electronic version of their magazine especially in the sense that what becomes value added is what they peer review LR Citations are part of scientific publications and have always been there When Science peer reviews an author s scientific paper they naturally have to examine it and figure out whether the findings are valid or not It may turn out that the kind of filtering that scientific publications have played for their community may not be there anymore I know there are people publishing straight to the web unreviewed papers where the users become the peer reviewers I suppose the question is whether it is more important that everything get the imprimatur of Science or whether it is more important for ideas to get into currency faster tested supported or rejected faster I don t know how the scientific community will come down on that one but it is something that will be worked out If Science has a place where the readers end up being the peer reviewers than that will alter its role as a gatekeeper to scientific information I should also say that every medium has its own characteristics or dynamics It would naïve to expect that skill and knowledge based in one would necessarily transfer to another The fact that you can do radio doesn t mean that you can do television Likewise the fact that you can do a magazine doesn t mean you can do a book even if they are superficially similar It also doesn t mean that one necessarily obsoletes another either although for certain kinds of things some media will obsolete others For instance television didn t obsolete the movie but it did obsolete a certain kind of movie It obsoleted B movies or eye candy brain fillers that were better and more cheaply delivered through the television AF That s a good point but do you see HotWired obsoleting Wired or dramatically impacting the kinds of features or style of the print magazine LR Not really I don t see HotWired obsoleting print magazines I don t see new media obsoleting old media I see it changing the nature of magazines and I think we ve already built that into the way we ve created our magazine Raw data and low added value that s on paper will get blown away by interactive media Paper will remain what it is designed for as a carrier for sensual experience literally in the material world Beautiful graphics fine papers create an experience that you can t possibly get off a screen at low resolution and limited color range Also the ability to deliver what I call high thought content is very difficult in an on screen environment Both of these abilities are however characteristics of paper That means that paper will remain an excellent medium I also feel that there are commercial benefits There are things you can do for advertisers for example who continue to support the medium which you can t do in other media On the other hand the interactive space which I m starting to think of as multiple spaces actually has advantages as well The immediacy and the ability to talk back to it are real strengths The limitations are that you cannot deliver long pieces and instead have to deliver shorter bursts of knowledge or information AF On the one hand Wired is following a more traditional publishing trajectory even though you are dedicated to expanding the boundaries of the print medium into new ways to enhance your reader s experience HotWired on the other hand starts to look and feel more like an interactive virtual community Right I can see how you are infusing the substantive content that you re developing for the magazine into this virtual community but your objective is not to transfer one

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  • Electronic Conferences - American Academy of Arts & Sciences
    activity many participants missed the interactive nature of a physical meeting It should be pointed out that others actually found this non interactivity a plus The lack of interactivity allowed participants to read the presentation leisurely think about it for a day or two and then pose a provocative question The authors under no time constraint that usually restricts discussions at a conference took a day or two to reply allowing time to really think about the questions and create a well crafted response Second there were complaints about the flood of email messages that were sent during the month of the conference Every message sent went to every participant While we encouraged participants to include the paper number in the subject header so that participants could screen the messages many felt that this was not helpful they still received messages concerning papers that did not interest them For ECCC 2 held in November 1995 we developed a discussion tool that was entirely web based eliminating the mailing list as a means of distributing discussions A discussion forum was created for each paper in the conference Participants could compose a message using a web form The message then became another document in the conference and participants could easily navigate from a paper to the discussions and back again This interface allowed each participant to view only the messages pertaining to papers of interest No email traffic was generated at all While most participants in ECCC 2 approved of the new communication mechanism some felt that ECCC 2 was now silent and participants had to make a greater effort to find the active discussion areas ECCC 2 attracted about 65 papers and 400 participants For ECCC 3 held in November 1996 we implemented a new interface for discussions Still using a form based mechanism for submitting comments the new interface allowed each participant to customize the screen layout Features included multiple frames and windows the ability to subscribe to select papers and the ability to include a photograph of oneself that attached to each message These features could be added thanks to improvements in computer performance and additions to the standard web browsers Over 500 people participated in ECCC 3 and nearly 70 papers were contributed ECCC 4 was held in November 1997 again attracting nearly 70 articles and nearly 800 participants The new technological developments introduced in this conference were focussed on the mechanism of the article presentation We developed a customized web server that converted the author s submitted HTML articles into a uniform presentation style This interface was a protype for the Internet Journal of Chemistry a new completely electronic chemistry journal we launched in January 1998 The makeup of the four conferences changed little over the course of four years The conferences are dominated by graduate students and post docs though the number of senior people has been increasing Most participants have been from the United States while Europe and South America have been well represented There have been participants from six continents and from many third world nations The low cost of participation no registration fee has ever been charged has played a role in this broad range of participation Other E Conferences in Chemistry There have been a handful of other e conferences in chemistry The Electronic Conference on Trends in Organic Chemistry ECTOC has been held for four years ECTOC has used the mailing list procedure for communicating discussions among the participants ECTOC also has featured molecular hyperglossaries containing three dimensional structural information for navigation among the papers ECTOC 1 and ECTOC 2 attracted nearly 100 papers each and well over 300 participants The First Molecular Graphics and Molecular Modeling Society Electronic Conference MGMS EC1 was held in Fall 1996 This conference made extensive use of interactive tools to facilitate communications between participants A MOO multiple user dimension object oriented allows for synchronous communication among users and the ability for the users to manipulate objects The MOO environment creates a vritual world complete with rooms that can contain objects that can be used for example a video player MGMS EC1 had a MOO with conference rooms and even a lounge It also broke new ground by being the first e conference in chemistry which charged a registration fee In fact this was the first conference organized by Virtual Environments Inc a company providing the technology for electronic conferences They since have held four additional e conferences have hosted December 3 1997 the first world wide virtual seminar and panel discussion in chemistry and hosted five additional seminars during 1998 These seminars offer real time distribution of the discussion of the speaker and a small panel Questions from the audience are handled via a moderator This technology is quite fascinating as discussion threads interweave and panel members contribute responses to previous statements and questions At first reading this commentary in a disjointed assembly is disconcerting but after a while one is actually capable of reading three or four discussion themes at once Nevertheless failures in the performance of the server the Internet and current browsers result in frequent breakdowns during the seminars The approach has much merit however and future technological improvements surely will make this type of venue more popular and useful Evaluation of E Conferences Electronic conferences can offer many of the same features of traditional conferences The main purpose of a scientific conference is the exchange of new results Electronic conferences offer an excellent medium for this exchange The web and HTML provide a robust environment for presenting information allowing for extensive use of text graphics and multimedia Since multimedia can be readily incorporated into any web presentation a video recorded lecture can become a document available through the web and this would be virtually the same experience as attending a lecture The web offers perhaps an even richer presentation experience by also allowing authors to incorporate interactive tools that each attendee can test The major advantages of electronic conferences are their

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  • Advancing the Electronic Information Marketplace Through Library Licensing - American Academy of Arts & Sciences
    to work with copyright holders or information providers to foster a successful or at least mutually acceptable licensing environment for digital collections and databases several serious problems need to be addressed It is difficult at this point to imagine that research libraries would not or should not continue in their aggregating roles and that creators or vendors will make an adequate market particularly for scholarly and academic information by going directly to readers The aggregating role of the library will persist and information producers need the scaled up and predictable revenue that such a market represents Educate the stakeholders creators sellers and customers All parties need to understand what a license means how it builds upon copyright foundations and where it differs Still too frequently boilerplate licenses are presented to institutional customers These licenses seem often to have been crafted by attorneys who have no concept of how the information under contract will be used the language can range from effective to unacceptable to incomprehensible This is less and less true of licenses from producers who genuinely wish to make a deal but many sections of numerous licenses still need to be demystified studied and revised by both the library customers and the producers All parties need to understand what issues the license can and cannot solve For example while it is common to refer to long term or perpetual access in a license so that a customer that cancels a database might have access to the years during which the library was a subscriber the license itself cannot solve such vexing problems as preservation and cannot assure mechanisms for long term access Address Scaling Scaling up is problematic it is not feasible for producers and institutions to conduct tens of thousands of one on one information transactions in the electronic environment any more than it is in the print environment Negotiating and changing similar sections or terms over and over again with provider after provider feels like a hopeless and wearying activity In the 15 May 1997 issue of Library Journal a survey article The Data Dealers affirmed the existence of thousands of electronic databases each one no doubt accompanied by a license and that article had not yet delved into for example the quickly growing new world of full text e journals Intermediaries who package together collections of products i e electronic information aggregators such as Lexis Nexis OCLC DIALOG IAC subscription agencies and numerous others tend to look for a the best deals for themselves and b homogenizing terms that treat all intellectual property alike and often in restrictive or unsuitable ways for users The terms that aggregators bring to institutions are not necessarily in the readers favor One response to aggregators presenting expensive electronic packages to institutions has been the rise of consortia as aggregators for libraries 1 This is an exciting area for example as many as 100 academic library consortia from around the world met with vendors earlier this year and these consortial coordinators

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  • Midnight in the Garden of Good and Evil: Academic Publishing, Copyright, and other Miasmas - American Academy of Arts & Sciences
    Land Grant Colleges the higher education association that represents the interests of the so called land grant or chartered state funded universities 14 NASULGC addresses interests not dissimilar to AAU s and likewise seeks to speak with one voice NASULGC also created a Presidential Advisory Group on Information Technology which identified Intellectual Property as one of its key issues for deliberation The presidential membership of the two AAU s 60 and NASULGC s approximately 190 overlaps to some extent As both Associations moved to bigger issues the focus on specific university copyright management matters lost some of its sharpness VII Other Simultaneous Ongoing Actions and Initiatives at Individual Institutions Throughout the 1990s university faculty and librarians within individual institutions also began to consider different kinds of management or ownership of faculty copyrights Just as new technologies had caused the AAU task forces to view IP management in new ways so new modes of publication and dissemination using the Internet the World Wide Web and email to foster and disseminate numerous online collaborative ventures classroom teaching tools numerous university based e journals working papers and successful disciplinary based preprint servers had helped to identify similar issues and potentials within specific institutions For example In July 1993 the Triangle Research Libraries Network s joint faculty library committee developed a model copyright statement that encouraged faculty to retain their copyrights when publishing with organizations whose pricing practices would restrict widespread access to research results i e commercial for profit publishers 15 Such retention would make it possible to distribute that information in alternative high tech modes In September 1994 a group of librarians scholars university press publishers and technologists met at Columbia University to draw up recommendations for concerted action to base electronic publication more firmly on the academic campus where presumably it would be more responsive to the academic and economic exigencies that libraries feel 16 The CETUS Project CUNY SUNY CSU systems began in 1995 and has released several discussion documents including one on the future role of libraries and more to the point here a document that explored options for university and faculty ownership 17 It advocated the unbundling of rights as part of a strategic approach to academic copyright management In 1995 96 a small working group of faculty and university officers at Stanford developed a short but incisive statement of principles to guide its activities in the copyright assignment arena These include Do No Harm to core missions of teaching learning research Protect for return on investment for both individuals and institution Incite and kindle entrepreneurship Constantly refresh knowledge base i e continue to create and disseminate new knowledge According to the Stanford University Librarian Michael Keller The principles are very likely going to be the basis for some new policies at Stanford intended as much to improve the returns on Stanford s investments in its faculty its programs its facilities as much as to protect the institution from encroachment by others on its investments and their potential for return 18 The Committee on Institutional Cooperation institutions CIC otherwise known as the Midwest s Big 11 after the college football league in which they compete over the last years have organized a substantial library initiative whose goal is to treat the member s libraries to the extent possible as one for example shared online catalogs wide delivery of documents joint electronic licensing A representative group of the CIC institutions met in 1996 and recommended that a working group be established to articulate a statement of principles and a framework for developing comprehensive campus policies on intellectual property This group reports to the provosts of the CIC 19 Georgia Harper Copyright Counsel for the University of Texas System advocated revisions of the Texas ownership policy to more effectively meet academic goals and to distinguish it from those of the entertainment industry The work of this office and the information on this site have been exemplary in providing support for librarians faculty and users with respect to intellectual property policy on campus 20 Running in the background of all these formal conversations has been an informal ongoing subversive conversation carried out simultaneously in numerous Internet salons discussion lists spearheaded by a handful of key players including Stevan Harnad a psychologist and innovative electronic journal editor at the University of Southampton and Paul Ginsparg creator of the controversial and indispensable high energy preprint archives at Los Alamos In short a large minority of academics especially in the sciences affirm that research results can be distributed quickly and freely through the e waves resulting in a subversion that will forever change the scientific information culture 21 Indeed evidence of such subversion can be found in many very important corners of cyberspace Many important resources are funded by governments and institutions content being made available freely to all end users Some examples include the notable LANL HEP preprint archives which have added other subjects to the site and have been cloned in many fields The latest proposal that builds on the LANL s efforts comes from the National Institutes of Health and if implemented would have the NIH create a preprint archive for biomedical research literature 22 Such institutionally and federally funded projects place little to no restriction on use and license negotiations are either absent or implicit In sum though there have been and continue to be scattered serious attempts to modify the way that academic creations are owned and transferred the traditional ownership policies in US universities continue and they affirm that faculty members create and own their own works except when those works are specifically works for hire or significant university resources are used to create them In that case some defined form of shared ownership comes into play 23 In actual practice though faculty members tend to transfer copyright to publishers There are signs however that academics and institutions are taking these discussions increasingly more seriously even though there is not yet much to show for them 24 At the same time much of the publishing community upon examining its broad value added role in the information chain now takes a more relaxed stance about articles appearing simultaneously on personal web sites or preprint servers as well as in their published journals The Most Recently Organized Proposals or Initiatives VIII De coupling the Peer Review and Publishing Processes First given significant air time and shape at the Cal Tech Scholarly Publishing Conference of March 1997 the de coupling initiative perhaps better called a suggestion proposes that peer review of scholarly research can be separated from its eventual formal publication for archival purposes 25 A number of the participants in that meeting well aware of the revolutionizing effect of the LANL preprint archive searched for ways to expand its stunning success to other fields if not as a series of centralized disciplinary servers then as widely distributed web sites mounted by scholars at their own institutions In order to be successful such a de coupling initiative would require a new model for academic credentialing and new ways of funding both preprints and peer review utilizing existing scholarly societies as the mechanism and university technology as the distribution mode The academic seal of approval could be affixed to an electronic version of a work held on an academic s own web site Print publication would not be necessary for tenure and promotion review purposes IX SPARC Scholarly Publishing and Academic Resource Coalition 26 This initiative of the Association of Research Libraries seeks to create competition in the marketplace by encouraging organizations that share the values of the scholarly community to develop innovative publications that take full advantage of the new technologies In October 1997 the SPARC proposal was endorsed and promulgated by the ARL Board SPARC seeks to identify partners and collaborate with them to develop and fund new publishing ventures endorse new publications and information products and recruit authors editors and advisory board members The stated priority is to enter the journals marketplace in disciplines where the prices are highest and there is greatest need for alternative models of research communication SPARC has garnered a great deal of interest in its early days and has supported several competitive STM journal initiatives Some are confident that it will materially affect the scholarly communications landscape others are not so sure still others are concerned about its position vis a vis antitrust legislation Most of its story remains to play out in the future X Pew Round Table November 13 On 13 14 November 1997 in Baltimore Maryland a Pew Roundtable sponsored by the Pew Charitable Trusts and facilitated by Robert Zemsky of the University of Pennsylvania s Institute for Research in Higher Education brought together academic leaders under the aegis of the AAU and ARL once again to review the central issues of the crisis Once again the conviction on which the conversation was based is that copyright and the management of copyright offer leverage to affect a broad range of academic and social forces Meanwhile Reality Intrudes It can seem to those who read this summary as it does to some of us who have lived its history that nothing changes But consider just this set of facts In 1991 the ARL edited and published the first directory of electronic scholarly journals ever 27 In that first slim volume 110 e journals and newsletters were identified That work is now in its 8th edition at ARL In 1993 impressed by the boom in such publishing a colleague Dave Rodgers at the American Mathematical Society and I began the internet announcement list NewJour which daily publishes brief notices of new electronic journals magazines and newsletters Two years later in January 1995 the list archive contained 250 journals Today six years later the total of items in that archive 28 is passing 7500 and we know that we are still missing at least the 1100 1200 on line Elsevier journals for we depend on limited student labor and ourselves after 11 p m to maintain the list and its archive and we have simply been swamped by the flood not just of Elsevier titles but of Springer Wiley Blackwell Scientific and many others That means there are now at least 10 000 substantial e serials in the world and dozens more it seems appear daily While academia speaks endlessly of the possibilities of e publication the reality has burst into life with all the attendant ambiguities and complexities The new electronic journal reality looks a lot like the old print reality in some disheartening ways The commercially published journals garnering premium prices in paper are increasingly available to libraries in e form but often at a further premium There are some exceptions to this development and some noble experiments such as the one by the Optical Society of America 29 but the overall trends are not cheering This essay is not the place to recount in detail the consumer proactive ways in which libraries are responding to new pricing and licensing modes I have written elsewhere on the strategy we have chosen at Yale for example of negotiating aggressively particularly within consortia of libraries for fair and affordable licenses to use e resources 30 Common Threads In our review we see that history repeats itself even over short stretches of time at least there are common threads among many of the above initiatives The usual suspects Leaving aside the observation that many specific individuals play recurrent parts in these discussions it is more significant that this essay has described a series of discussions in which essentially the same categories of participants in roughly the same mix appear over and over Given the significance of the academic issues involved it is striking that relatively few faculty and fewer academic officers deans provosts presidents find these issues sufficiently riveting to compel their ongoing attendance and participation At times representatives of the for profit publishing communities are invited and attend nervously as they see their own economic practices discussed by outsiders Publishers are the most variable set of participants at these tables sometimes for profit publishers are welcome sometimes not sometimes university press publishers find their interests addressed often not The one group most consistently represented indeed if I am not mistaken never not present in strength in all these initiatives is the library community Always present often convening librarians clearly find a stake in these issues far more sharply than other groups There are three reasons for this pre eminence a Librarians are middlemen caught with limited resources between a near infinite supply of information from publishers and a near infinite demand for information from their users It is librarians necessary role to intervene and manage reasonable use of these demands and resources b Libraries have long been the impartial acquirers servicers and archivers of information funded by universities or the public as a commons c Librarians know we live in a culture of technologies of disintermediation Librarians have acute reason to think that their own roles may disappear or what is in some ways worse be reduced in status to functionaries A move away from this relatively altruistic role and institution without anything comparable to replace it is an unacceptable prospect for society Ritual behavior The IP and publishing initiatives reviewed here typically begin by identifying problems The literature of crisis amply supplies material and nothing is so familiar as the sudden zealotry of the academic or publisher who has just discovered what the rest of the participants in these gatherings have discussed for years Not infrequently the most common next step is to short circuit discussion by scapegoating There is a large social science literature on the role of the scapegoat in the community one cause for scapegoating is impatience If there are problems then someone must be at fault and placing the blame can lead to solution The most commonly identified villains are the large commercial for profit publishers The compliment is of course often returned by publishers who accuse librarians of undermining the economic stability of the system with theft palliated by the legal cover of fair use and Interlibrary Loan Other villains can be faculty scientists who so badly need formal publication that they will transfer ownership simply to be published in a journal of their choice without regard for after consequences of such a transfer or the academic rewards system which drives authors to selfish acts or librarians who do not cancel subscriptions or behave as a real market Once the villains are identified proposed solutions take one of two forms raise the bridge or lower the river i e either reduce the price of information the preferred academic solution or increase the funding for libraries the preferred publishers solution in order to ensure access to information for users In a way both proposals are impractical which suggests to a sober observer that resolution will happen in other ways but that does not make them less attractive On the academic side in particular there is a strong belief that electronic dissemination must reduce costs if only academics and not businessmen control the process That hypothesis has not been rigorously tested Copyright if it isn t the problem is it the solution In the division of opinions a standard repertoire of positions about copyright may be discerned Academics and librarians fasten on the fair use principles of the US Copyright Act and struggle to use them to create sufficient flexibility and space in which to allow freedom of movement for information in support of academic goals As a second step the same parties scrutinize with care the present institutional management of copyright seeking acceptable changes that would bring benefits to academia The leitmotif of those conversations is the remark that universities pay to create information that faculty give away to publishers who sell it back to the universities at shockingly high prices But on the other side of these tables copyright is no less a prop and stay for the case that publishers make They insist on the owners rights created by copyright law and argue for clearer statement of these rights and for more effective enforcement If leakage could be stopped fair use leakage interlibrary loan leakage photocopying leakage their argument runs a saner economic balance would be achieved Boundaries of the Labyrinth The recommendations that emerge from the sorts of ventures described above are various Often the recommendations have included suggestions that specific model publishing projects be undertaken This was a bolder suggestion in 1992 when there were a handful of e journals than in 1999 when the flood is upon us What is it that has kept academia trapped in the labyrinth like the three men out of their boat and in the Hampton Court maze expending so much effort with so little change to show for it It may be that we have not yet asked the right questions and therefore our answers are flawed For example Is the need well defined That is are academics and scientists genuinely unable to secure access to research information that is important to them Are serious researchers unable to find outlets for their work If either of these questions were answered in the affirmative we might reasonably expect to see more active researchers clamoring to join our discussions We run the risk of struggling to solve a problem that does not exist precisely as we have defined it Have we chosen the most effective strategies given the problem statement to make information ubiquitous and more affordable Does changing the way in which faculty manage and assign their copyrights to publishers provide the path to the solution of problems identified above Does changing the ownership mode from faculty to university or to a shared arrangement carry the solution to information access How can we find out Is it possible to change an entrenched kind of publishing culture Established practices of publication let alone copyright transfer die hard The rewards for

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  • The Legal Foundation for Electronic Information: How Will It Affect Scientists? - American Academy of Arts & Sciences
    governed where geographically the defamatory material would have been considered to be published where the threat was made etc Peter Brown states One of the most visible issues presented by the Internet is the conflict between the current system of domain name registration and the rights of trademark holders This has caused disputes between trademark holders registrants of domain names and the entity that administers the domain name assignment system Disputes over registration of known trademarks as domain names have escalated in the past several years 22 One indicator of the battles over taxation of the electronic information marketplace is a report from the 1997 Congress of Cities 23 The report states that The Clinton administration and the Republican US Congress support federal action that would block state and local taxation of electronic commerce Subsequently this issue came before the 1998 National Governor s Conference and it continued to have Administration support to ban state taxation of commerce on the Internet beyond that covered by existing laws 24 Enacted in the 105th Congress was a three year moratorium on any new state taxation on commerce conducted over the Internet 25 Gambling via the Internet exploited the loophole left by the weakness of laws addressing it At least 120 Internet sites for gambling of all types appeared from 1994 to early 1998 mostly from sites outside the US Transparent international boundaries compound the complexity of dealing with it Also involved is the right of Indian tribes to run gambling operations on their reservations the first example being an electronic lottery site set up by a tribe in Idaho 26 On 23 July 1998 the US Senate approved a broad ban on Internet gambling with no exception for Indian tribes by means of an amendment to a major funding bill for Fiscal Year 1999 By then the number of sites had grown to approximately 175 27 The approach is to fine and jail both the gamblers and the gambling operators Serious problems with enforcement were predicted With special emphasis on advertising a report of the Practicing Law Institute comments The brave new world of the Internet is pushing the regulatory capabilities of the law to its boundaries and perhaps beyond 28 The report gives an extensive list of cases relating to many aspects of the law that will affect the Internet Included are Trademark Law False Advertising and Unfair Competition Law Copyright Infringement Defamation Law Right of Publicity Search and Seizure Law and laws relating to Music Over the Internet Additional relevant areas of the law were listed for which examples are not given are Right of Privacy Breach of Contract e g breach of dealer agreement containing territorial restrictions and Pornography statutes The History of Copyright and Its Basis in Economic Philosophy The Constitution of the United States 1787 recognizes the importance of information in the sciences and arts in Article I Section 8 by giving Congress the power To promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries From this short and deceptively simple statement of rights and powers an elaborate structure of Patents Copyrights and Trademark law has been developed in the US over more than 200 years and this law is the foundation for a sector of commerce having enormous economic impact These laws have been coordinated with the laws of other nations by means of conventions and treaties among the developed nations of the world The US copyright law 29 its last major revision in 1976 and the Berne Convention 30 which the US joined in 1989 constitute the prevailing US legal framework in this area Incremental specialized changes are legislated each year 28 of them passed since 1976 31 The Encyclopedia of the American Constitution comments concerning the intellectual property clause Because there is no record of any debate on this clause at the Constitutional Convention of 1787 and mention of it in The Federalist is perfunctory the meaning of the clause must be found in case law For example The economic philosophy behind the clause is the conviction that encouragement of individual effort by personal gain is the best way to advance public welfare through the talents of authors Mazer v Stein Supreme Court 1954 32 It is probably no coincidence that the US Constitution of 1787 adopted the position that the public interest would be best served by supporting the creators of intellectual property in furthering their own self interest because it was in 1776 that Adam Smith published An Inquiry into the Nature and Causes of the Wealth of Nations Smith s book is credited with establishing the field of economics and provides the rationale underlying capitalism and its reliance on the actions of private parties pursuing the accumulation of wealth Later economists have extended and applied these principles with one of the results being the present emphasis on the free market 34 but the fundamentals others have built on originated with Adam Smith Smith is most famous for his invisible hand principle In the pursuit of self interest an individual is led by an invisible hand to promote an end which was no part of his intention Nor is it always the worse for society that it the public interest end was no part of it the individual s intention By pursuing his own interest he frequently promotes that of the society more effectually than when he really intends to promote it We should note that Smith said frequently promotes not always Present day behavior driven by a self benefit motive with an extremely narrow view concentrating on financial return and a short horizon can also lead to actions that ultimately are counterproductive for society Failure of self interest to optimize social value is represented by a classic problem first explained in 1832 by William Forster Lloyd of Oxford University This is The Tragedy of the Commons in which exploitation of a public resource driven by individual self interest and unchecked by negative consequences impacting directly on that individual leads inevitably to destruction of the resource 35 It has been demonstrated in the real world by common grazing lands from which it gets its name by fish and whale population in the sea by the decline of bison and elephant herds by atmospheric and water pollution etc Information is different in that it is a non depletable resource once it has been collected and put into a form available for use but totally financially centered decisions can have a destructive effect on what information actually becomes available Thus the tragedy of the scientific information common is due to the unregulated destruction of the sources of revenue from a limited market that are needed to build the resource Thus financial self interest alone is not always enough for advancing the public benefit and self interest should not be only financial In the future it will be a necessary condition but not a sufficient one to assure the appropriate availability of scientific information If the legal framework enables and permits certain financial objectives to injure the public benefit then it has failed in its fundamental objective undercutting the original reason for creating intellectual property as stated in the Constitution Adapting Copyright to the Electronic Environment The real basis for copyright now and in the past has been the fixing of information in a tangible medium or means of expression Ideas cannot be copyrighted Facts are ideas It is the way that facts are represented arranged and explained that leads to original authorship Letting the organization and arrangement of information be the basis for intellectual property worked fairly well in the paper world with its natural physically enforced boundaries that inhibited reuse without significant added labor and materials These impediments to copying and reuse are easily breached in the electronic world 36 The electronic network environment will require moving away from the tangible medium aspect to depend on the means of expression which means for recorded information wording formatting instructions information organization etc while still preserving the principle that ideas cannot be copyrighted Although the most recent US law 1976 attempted to anticipate information media other than printed there are serious gaps and inadequacies for dealing with information in the electronically networked environment The Committee on New Technological Uses of copyrighted works CONTU was appointed to consider the extensions of the copyright law to computer related forms with specific emphasis on computer programs The 1976 law went into effect on 1 January 1978 However it did not deal with computer databases which continued at that time to be treated as literary works A US Supreme Court decision in 1991 Feist raised the standard of copyrightability to require originality not just so called sweat of the brow effort as a prime requirement 37 This undercut intellectual property protection for many computer databases and has led to efforts to provide this protection by other means Because of this decision treating a database as a literary work became not effective for most databases because the decision fundamentally altered what constitutes an original work of authorship The European Commission issued a Directive on the Legal Protection of Databases in 1996 which had been in work for several years 38 This Directive extended intellectual property protection to electronic databases that are not copyrightable under current interpretations of the law especially after Feist It affected the reciprocity of protection for databases between the US and Europe starting at the beginning of 1998 Another more obscure European Union directive 95 46 written 3 years ago effective 25 October 1998 in 15 nations bars the export of data on any person without prior permission from the person for all the potential uses of that information and without prior approval from his government So far it has been implemented only in Sweden Greece and Italy 39 The Europeans have been talking about personal privacy data and attempting to limit such Transborder Data Flow for a long time at least as long as the initial discussions that led to the database protection European Directive that the US tried to emulate in 1998 While this is in a non science context other than for author related information e g affiliations addresses where work was performed etc which are staples of author indexes and other locator information it illustrates a potentially destructive approach in information control that could seriously impact the electronically networked world Even if science information is not involved directly the destructive impact of the present form of this directive on networking could be serious and that would cause indirect damage to science interests as well The World Intellectual Property Organization WIPO held a Diplomatic Conference on Certain Copyright and Neighboring Rights Questions in December 1996 to consider new treaties affecting database protection and other matters 40 Two of these treaties were approved and implemented for the US by the 105th Congress A third treaty modeled after the European Directive on database protection failed to be approved The US is trying to respond with new legislation to upgrade the existing intellectual property legal framework to be adequate for information in electronic networks including reacting to the EU Database Directive and the WIPO treaties Considerable activity in the 105th Congress dealt with attempts to bring copyright into the electronic and digital age and to provide a basis for protecting uncopyrightable databases without destroying the ability to use them 41 However this is still very much a work in progress and new developments make any comment likely to be anachronistic in some respect Although there was some relevant legislation passed by the 105th Congress and signed by the President a satisfactory legal foundation for the electronically networked environment was not completed by the 105th Congress in 1998 Whatever is passed during any Congress is certain to be challenged through litigation in some respects as the details are worked out There is no reason to expect that the pattern of the past of incremental development by legislation and litigation of copyright doctrine through reaction to specific situations by correction of unintended side effects and by response to special interests should suddenly change The European Union continues to examine the revolution that electronic networking enables and has recently 7 October 1998 published a study called CONDRINET CONtent and Commerce DRIven Strategies in Global NETworks 42 The study analyzes how a broad range of businesses have benefited from network commerce and examines the critical roles of the information content and the content industry within the network economy The larger financial social and political issues helping to shape the network economy are examined including how legal and regulatory frameworks provide both preconditions and constraints for the evolution of network commerce and how tax policy will affect the venture capital environment While there is really nothing fundamentally new in the results and recommendations of this report it is well written and worth heeding because it represents the vigor and tenacity with which the European Union continues to initiate change in this area that change has global impact Fair Use the Key Issue Fair Use as a modification of Author Rights for the Public Benefit is a departure from the pure economic philosophy expressed by the Supreme Court in 1954 43 See comments earlier in the section on The History of Copyright and Basis in Economic Philosophy This doctrine as a limitation on the copyright of the owner was developed through 50 years of court rulings It was first given legislative status in section 107 of the revised copyright law of 1976 Up to now the doctrine has developed from cases involving photocopying but the statements in section 107 were not intended to be limited to photocopying alone Applicability to other media and means of reproduction was intended Section 107 opens with the words the fair use of a copyrighted work including such use by reproduction in copies or phonorecords or by any other means specified in section 106 44 for purposes such as criticism comment news reporting teaching including multiple copies for classroom use scholarship or research is not an infringement of copyright No real definition of the concept has ever been stated Fair Use is an equitable rule of reason each case must be decided on its own merits according to the following specified factors The purpose and nature of the use such as commercial or nonprofit education The nature of the copyrighted work The amount and substantiality of the part copied relative to the work as a whole and The effect of the use on the potential market or value of the work Selective copying and extracting by scientists in the performance of their research has long been widely practiced and tolerated Such practices are generally regarded by scientists and other persons doing scholarly work to be an essential part of gathering organizing and assimilating information used in doing research of any kind for any purpose and to be a fair use Moreover the advancement of science and the useful application of the results of scientific research have long been regarded as in the public interest However systematic copying for distribution in a company 45 and preparation of course packs for educators to provide to classes 46 have been challenged and found to be violations of copyright Posting of papers by their authors on web sites and other informal electronic communication media which facilitates uses otherwise regarded as fair at least by the scientists is regarded by many publishers as a violation of copyright now routinely assigned by the author to the publisher and accommodation of that practice is controversial See the chapter by Martin Blume in this book The situation with Fair Use is so murky that the Copyright office of the Library of Congress advises 47 When it is impracticable to obtain permission use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations If there is any doubt it is advisable to consult an attorney Only recently have some countries of the world started to establish intellectual property protection The leading example is China which in the past had extensive government sanctioned copying without compensation of publications and other intellectual property from outside China Scientific publications from the US and other countries were extensively copied for distribution to educational and scientific institutions China revised its copyright law in 1992 after trade based pressure in 1991 from the United States 48 While China subsequently issued regulations to implement these laws enforcement to stop piracy of intellectual property remains a current controversy Yet another threat of import duties on a broad list of items imported to the US from China was necessary again in 1996 under the Special 301 provisions of the US Trade Law 49 Positions of Various Stakeholders The International Council of Scientific Unions has strongly advocated that the availability of data from scientific research be unrestricted Its General Assembly passed the following resolution in 1996 Noting that there may be constraints on the free flow of scientific data and information imposed on grounds of national security confidentiality commercial value copyright or historical disciplinary practice Recommends as a general policy the fundamental principle of full and open exchange of data and information for scientific and educational purposes 50 Similarly the US science perspective on HR2652 of the 105th Congress Collections of Information Antipiracy Act with specific attention on data for scientific and engineering research was covered by William A Wulf President National Academy of Engineering and Vice Chairman National Research Council in a hearing on that bill in October 1997 He stated The worldwide trend to impose strong economic and legal restrictions on the conditions of availability and use of data endangers the research enterprise and hence the innovation system It is imperative to consider carefully the underlying rationale and potential impacts of any changes to intellectual property law concerning database protection to our research and education base our innovation system and hence to our whole economy freedom of inquiry the open availability of scientific data and the open publication of results are cornerstones of the research enterprise that US law and tradition have long upheld 51 In consideration of new legislation in this area Wulf recommended guidance summarized as follows Evidence is lacking that the existing protections are not adequate and a thorough analysis of impact on the economy is necessary The potential costs and benefits to all parties and to society of any specific legislation must be considered The research education library and other public interest access to and use of databases must be preserved at least at its present level the research and educational communities must continue to participate fully in the relevant deliberations The library community was very active in 1997 and 1998 in providing input to Congress on pending legislation On matters relating to copyright and intellectual property a statement on 5 June 1998 summarized their position on certain pending legislation at that time 52 Support was expressed for HR3048 the Boucher Campbell Digital Era Copyright Enhancement Act which in the view of libraries would maintain balance in the Copyright Act while fully protecting fair use digital preservation library lending distance learning and access to the technology needed to engage in such activities They also supported amendments by Rep Rick Boucher D VA to HR2281 legislation to implement the WIPO Copyright Treaty particularly changes to the bill designed to protect and enable fair use and other critical exceptions to proprietors rights in the digital environment They further urged the Senate to support in any conference convened regarding WIPO Copyright Treaty implementing legislation e g S2037 and HR2281 any library endorsed changes which would protect and enable fair use and other critical exceptions to proprietors rights in the digital environment In general the library community opposed any action in the 105th Congress on new database protection legislation particularly HR2652 as adopted by the House In their view At that time they believed that these protections would damage education and research and restrict the use of many scientific and other databases now in the public domain Communications to the library community on these matters are provided in the Net newsletter American Library Association Washington Office Newsline ALAWON 53 In a white paper on 9 December 1997 the National Federation of Abstracting and Information Services NFAIS stated 54 the electronic dissemination of scholarly information offers great promise and it has also created a great challenge for authors publishers and users of scientific technical medical and other research based information The difficulties are demonstrated by recent and often abortive efforts of legislative bodies international agencies and various groups to agree to a set of rules that should govern the use and reuse of scholarly information in an electronic environment Most groups today agree that the challenge is inherently one of balancing the rights of those who have invested in making scholarly content available in a useful form with the rights of those who need to make use of the content The Information Industry Association IIA in testimony on HR2652 the Collections of Information Antipiracy Act to the House Subcommittee on Courts and Intellectual Property urged Congress on 12 February 1998 to pass a law to protect databases in order to assure the continued general availability of information that is essential to the lives and livelihoods of millions around the world 55 IIA pointed out that the US database industry faces the threat of piracy and unfair competition from Europe because of the European Union s Database Directive that went into effect on January 1 1998 US produced databases have no protection in Europe because the US offers no comparable protection for EU database producers The IIA prefers a sui generis approach similar to the protections of the European Directive The American Association of Publishers AAP gave very strong support for new legislation to provide protection for the publishing industry in the electronic age 56 The importance of the publishing industry to the US economy and the need to protect it against piracy were emphasized Earlier in testimony to Congress support for enactment of H R 2281 without amendment was urged and Congress was advised to reject the baseless criticism and extraneous proposals directed at HR2281 by a coalition of library educational scholarly and consumer groups 57 With respect to fair use the AAP position was that The fair use doctrine gives researchers teachers students library users and others a limited privilege to copy works and exercise other exclusive rights without the permission of the copyright owner It has always been applied on a case by case basis using criteria set out in the Copyright Act and it will be applied in exactly the same way once this legislation is enacted Also the AAP has taken a very strong position against proposals to limit the use of licenses in controlling the uses of copyrighted and uncopyrighted information AAP states some users of information including representatives of the library educational and scientific research communities fear that the routine use of such licensing agreements and technological measures could override fair use and other limitations on the exclusive rights of copyright holders under the Copyright Act thus disturbing the balance that the US Constitution and the US Congress have established between the interests of information producers and information users 58 AAP goes on to say While there may be some potential for abuse the expressed fears regarding licensing are groundless Testimony by Marybeth Peters of the US Copyright Office supported HR2652 as a good and constructive first step in addressing the shortcomings in the current state of the law The statement recognized both the need for protection of the investment to make databases available and the risk of overprotection impeding the development of knowledge technology and culture The Copyright Office statement also advocates overturning the effect of the Feist Supreme Court decision to restore the general level of protection that was available prior to that time The statement notes that there has already been an erosion of incentives necessary for producers to make the necessary investment to introduce new databases An excellent tutorial as a foundation for considering legislation for the protection of databases by the 105th Congress was prepared by the US Copyright Office in August 1997 59 The Executive Summary of that report is substantive and readable Results of the 105th Congress Included in the massive omnibus package enacted at the end of the 105th Congress were several bills dealing with intellectual property and other Internet related matters that had been introduced in this session The House approved the omnibus package on 20 October 1998 the Senate on 21 October The President signed the bill on 21 October now P L 105 277 Digital Millenium Copyright Act The Copyright Act was updated by the final version of HR2281 P L 105 304 for the digital environment and US law was adjusted to satisfy the requirements of the new WIPO treaties negotiated in Geneva in December 1996 The bill included prohibitions on circumvention of access protection technologies deferring implementation until a review and assessment of the impact on intended non infringing uses and establishing a continuing periodic 3 year reassessment Limits on liability of online service providers for the acts of their users and limitations on criminal penalties and civil fines on nonprofit libraries archives and educational institutions were included The Fair Use doctrine was supported for the digital environment Digital preservation was also supported as a non infringing activity Copyright term Extension Act A 20 year extension of the current life plus 50 year copyright term S505 was established by P L 105 298 The measure retains a limited exception for libraries archives and non profit educational institutions crafted in intense negotiations last year Internet Tax Freedom Act This act provides a three year moratorium on state or local taxation of the Internet A harmful to minors provision denies this moratorium to those commercial providers who knowingly and with knowledge of the character of the material make material harmful to minors available to minors Child Online Protection Act A revised version of HR3783 to prohibit the commercial distribution on the web to minors of material that is harmful to minors was included The American Civil Liberties Union with other plaintiffs has filed suit to challenge this measure Children s Online Privacy Protection Act An amended version of the Children s Online Privacy Protection Act S2326 was included with revisions to respond to concerns expressed by ALA and others that the bill would interfere with children s access to information on the Internet The bill imposes controls on personally identifiable information about children given to commercial web sites however nonprofit organizations are excluded from the scope of the bill Next Generation Internet Research Act HR3332 the Next Generation Internet Research Act of 1998 was signed by the President on October 28 now P L 105 305 The law amends the High Performance Computing Act to authorize for two years research and development of advanced communication technology that will provide a basis for the Internet of the future 60 Other bills dealing with related interests were dropped Database Protection Bill Conferees agreed to drop the Collections of Information Anti Piracy Act from HR2281 the WIPO treaties bill This was a highly controversial bill that pitted publishers and database suppliers against libraries scientists educators and many information users Key legislators promised that the issue would be an early agenda item in the new Congress in 1999 Filtering and Blocking Software Requirements The omnibus package contains no requirements to have libraries or schools install and use filtering and blocking software as a condition of receiving federal funds or the e rate reduced fees for telecommunications services and Internet access for certain applications E Rate Discounts for Libraries and Schools No further slowdowns or requirements were imposed by Congress 60 The implementation of the two international copyright treaties adopted WIPO almost two years ago was hailed by the US publishing industry as a BIG win because of the importance of the WIPO treaties for encouraging the growth of electronic commerce and making the Internet a safe place to do business 61 For database producers and other electronic information providers the final legislation accomplishes two important things 1 it explicitly extends copyright protection to the electronic networked environment and 2 it limits the liability of online service providers for copyright infringements that occur over their networks At the same time several provisions preserve for libraries scientists and educators practices that have traditionally been regarded in the public interest According to the Digital Future Coalition This legislation is a substantial victory for both the creators and consumers of intellectual property because it provides meaningful protection while recognizing the traditional balance between owners rights and the privileges of legitimate users 62 Dropping of the database provisions in the Millennium Copyright Act which might have granted special protection to digital collections of factual information was regarded in divergent ways by the various interests The controversy and conflict on these matters will continue in the 106th Congress in January 1999 The lack of action so far puts the US at odds with the European Directive which grants protection of databases only in the European Union for those countries with reciprocal legislation Financial Support for the Public Interest As we contemplate the economic philosophy that should affect the legal foundation for scientific information an economic concept that is relevant is that of a public good It is generally accepted that scientific research has strong public good attributes in that for one aspect the knowledge produced by such research traditionally has been freely available to all nonexcludability That knowledge comes from and affects a global community as scientific information is created and disseminated Secondly as with all information using a copy of scientific information does not deplete it nondepletability These two characteristics are typical of a product or service that is produced or consumed collectively rather than privately and is thus defined as a public good 63 The economically efficient price for such a good is zero or very low but private enterprise cannot be expected to supply that product without sufficient revenue to produce it We do not argue that privatization should be avoided for science information and research support facilities and services even if it could be However we cannot simply depend upon economic Darwinism a phrase that some economists find pejorative to fulfill the scientists needs The legal framework must establish and discipline the information marketplace in a way to deal with the narrow specialized scientific subdisciplines for which due to market fragmentation there is a lack of effective competition or there is insufficient market size potential to cause either a classical demand pull or a new market supply push rise Also we must be alert for any means ends conflict in which the zeal to make money undercuts serving the public interest In this respect a front page report in the Wall Street Journal 64 criticized the Idolatry of the Market and reported that the early stirrings of a backlash are in sight Many examples were cited but a major one that illustrates the public concerns is the impact of profit dominated decision making on health care such as in for profit hospitals and HMOs While in these days of triumphant capitalism it is heresy to ask whether the privatization trend is going too far an important issue is whether the public interest coincides with the private interest and if not what steps are necessary to ensure that the public interest is properly served Some government funding of science related data and information continues such as by the National Science Foundation and the National Institute of Standards and Technology NIST and as results from government sponsored scientific projects But the distribution and use of that information has over the past three decades been increasingly pushed into the commercial marketplace An example of a new kind of public funding mechanism an example not necessarily advocated is illustrated in The Schools and Libraries Universal Service Program which was established as part of the Telecommunications Act of 1996 with the express purpose of providing affordable access to the Internet for all eligible schools and libraries particularly those in rural and inner city areas Originally funded at up to 2 25 billion annually although later reduced the program will provide discounts of 20 to 90 on telecommunications services Internet access and internal connections 65 Funding for the universal service discounts comes from the telecommunications industry in an Information Age update to the time honored concept of universal service developed early in the founding of the national telephone system The cost of doing this will be borne by a charge on all telephone bills In the preparations for implementation this was controversial When it became broadly visible to the public in late 1997 some labeled the plan to raise telecommunication prices for this purpose stealth taxation The debate intensified as the plan was implemented in 1998 and the program was delayed and reduced but it was not canceled Significant financial support of present Internet information services is now coming from advertising which is a time honored means of supporting wholly or in part various items of public interest Internet advertising revenue reached 906 million in 1997 triple that in 1996 66 and its increase continues to soar Most newspapers and TV broadcasting from a business perspective are really in the advertising business not principally the news reporting or entertainment businesses Fortunately there has been a strong journalistic tradition that has maintained editorial independence most of the time in news reporting and commercial considerations have not distorted that situation too much in the past However in 1998 several instances of the negative impact on the integrity of news coverage due to the intense competition relating to ratings and consequently advertising revenue came to light The situation was strongly criticized by Hugh Sidley Walter Cronkite and Robert McNeil all distinguished print and broadcast journalists saying that avarice drives the news industry these days 67 An example relating to TV entertainment was reported in the Wall Street Journal where it was observed that new executives in television networks have a lack of interest in programming and news content and are pushing out many of the old guard in order to emphasize new business development and the bottom line in order to respond to the competition from the TV cable industry for advertising 68 The principal challenge in extending and adjusting the intellectual property legal framework to the electronic environment is to ensure that the public benefit is served well balancing the interests of the parties affected as we depend upon private parties persons and organizations to provide benefit to all of society through their own self interest and suitable common actions What Should We Expect in 20 Years Scientists will have to use whatever evolves in the broad context for electronic networks With respect to technology little needs to be said Improvement in information technology performance and prices continues at a great pace Capabilities available in 20 years will be as astounding as seen from today as today s capabilities are as seen from the perspective of 20 years ago 69 We can even anticipate that the PC as we know it today will have been superseded to much the same extent that the PC displaced the computing facility mainframe of 20 years ago as the prime determinant for computer applications The spread of computers into consumer products of all types including TV and audio sets recorders and scanners various appliances cable services telephones home networks cameras automobiles games and toys of the future may become the dominating influence 70 Certainly the future will go well beyond something experienced at a highway service area in rural Indiana in 1998

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  • Competition and Cooperation: Libraries and Publishers in the Transition to Electronic Scholarly Journals - American Academy of Arts & Sciences
    the fundamental communication method for a growing roster of fields starting with theoretical high energy physics later spreading to other areas of physics and now also to computer science and mathematics Ginsparg It is a sterling example of how technology can lead to a sudden profound and beneficial transformation Yet in 1998 this archive still processed only 24 000 submissions which is substantial about half of the volume of all mathematics papers published that year but small compared to the perhaps 2 million papers in all STM science technology medicine areas The attractions of the archive are great It transforms the mode of operation of any community of scholars that embraces it and the transition is invariably one way as not a single group has abandoned it It quickly becomes the dominant mode of communication inside any group that embraces it However in spite of extensive publicity it has not swept scholarly communication yet It appears that special cultural factors led to the quick adoption of the archive by Ginsparg s own theoretical high energy physics community primarily the reliance on massive mailings of preprints and it has been a struggle for pioneers in other areas to duplicate the process There are still many areas especially in chemistry and medicine where not just preprint archives but preprints themselves are rare and in which prestigious journals get away with policies that forbid any formal consideration of a paper that has been circulated in preprint form The significance of the Ginsparg archive is two fold On one hand it shows that scholars can embrace new technology in a short period and derive enough benefit that giving it up becomes unthinkable On the other hand it also shows that it requires a substantial critical mass or an external push in an area to make the transition In most of the STM fields this critical mass is not present yet The Ginsparg archive substantiates many of the subjective opinions in this article In several places I refer to the superiority of the emerging electronic publishing future This is not pure speculation since users of the archive do enjoy the advantages of much faster and wider dissemination of their results and access to the results of other scholars Since they do have the choice of abandoning the archive for traditional publications and limiting preprint use their reliance on the archive and their frequent comments about the benefits of using it do demonstrate the superiority of this novel method A Ginsparg style centralized preprint archive or a decentralized system like MPRESS from the European Mathematical Society is not compatible in the long run with expensive journals that collect 4 000 per article Available information drives patterns of usage in the apt words of Susan Rosenblatt Odlyzko5 and if the basic preprints are available for free few will pay a fortune for slight enhancements which is all that most current journals offer The question is what is meant by the long run My discussion in The Slow Evolution of Electronic Publishing Odlyzko6 and the discussion above about the Ginsparg archive show that academia moves at a glacial pace Even in Ginsparg s own theoretical high energy physics community most researchers still publish their papers in conventional print journals A few senior physicists have given up the practice of journal publishing on the grounds that it does not serve to propagate their results but this is still a rare phenomenon Thus if academia were left to itself the current journal system might continue to stumble along for a couple of decades until the subversive effect of preprints would make it clear the system was not worth its cost In one discussion on diffusion of new technologies Odlyzko6 many rapid transitions were identified with the presence of forcing agents namely people or institutions that can compel action A prediction Odlyzko1 was that a collapse of the existing print journal system would come when academic decision makers presidents deans realized that this system was superfluous and they would go to departments with offers of the type Would you rather stay with the existing library system at 12 000 per head or would you be willing to cut that back to 6 000 per head and use the savings for salaries travel I think this is still the most likely scenario for change but it will involve abandonment of print and cutbacks in libraries and less of a cutback at publishers Publishers who have been scared of electronic publishing are likely to become forcing agents who speed the transformation 3 The demise of print journals Most established publishers have already created or are creating electronic versions of their scholarly print journals Often they are offering these digital editions at no extra cost to subscribers to the print versions In some cases institutions that forgo the print version receive a modest discount A coherent strategy for publishers should contain two additional steps The first step is to eliminate print editions entirely This has not yet been announced by any major publisher The second is to convert the old issues to digital form either themselves or through organizations like JSTOR Guthrie This is being done by several professional society publishers but not yet by any commercial ones This strategy would get libraries out of the journal distribution and archiving business except as licensing agents to be discussed below and allow drastic reductions in library budgets Eliminating print editions would allow for some reduction in costs for publishers even if they kept their current expensive editing system so they have a financial incentive to do it In digitization of back issues they would have to spend money beyond their current budgets The key point is that it would not be much money An earlier article Odlyzko4 mentioned a range of digitization costs between 0 20 and 2 00 per page There are now projects such as the commercial one for book reprinting mentioned above NYT and the Florida Entomological Society s project Walker that show one can obtain a high quality digital version for 0 60 per page To put these numbers in perspective all publishers collectively receive about 200 million per year for mathematical journals On the other hand the entire mathematical literature collected over the centuries is perhaps 30 million pages so digitizing it at a cost of 0 60 per page would cost 18 million less than 10 of the annual journal bill Further this would be a one time expense On the way towards eliminating print editions publishers will have to solve a few thorny problems One of them is interlibrary loan Except for a few small organizations until recently all publishers had blanket prohibitions on the use of electronic editions for interlibrary loan This was naturally resented by librarians who rely on such loans to satisfy a small but important and growing fraction of their clients demands Without the right to use electronic editions for interlibrary loan libraries were almost uniformly unwilling to even consider abandoning print editions Recently some large publishers have announced changes in their policies Electronic editions of journals of those publishers now can be used to satisfy interlibrary loan requests but only by printing out the requested articles and sending them out in the printed form Libraries thus will have the same functionality as before or better there will be no need to find volumes on shelves and make photocopies The continued prohibition on electronic delivery of the electronic version should suffice to maintain the distinction between owning and borrowing that does not naturally exist in cyberspace and thus maintain demand for subscriptions Can print journals be eliminated Previous predictions of the eclipse of printed matter by microfilm for example failed to come true See Odlyzko 1995 Odlyzko1 for a brief survey and references to numerous faulty predictions in this area Print is certainly persistent as has been observed many times cf Crawford 1998 Crawford There is even a commercial publisher selling a print edition of the Electronic Journal of Combinatorics the most successful of the free electronic journals in mathematics The electronic version will remain free and this publisher only gets rights to distribute a print version Yet I am convinced that printed journals are largely on their way out I do not mean that print is on its way out For reasons of technology and inertia print is likely to be with us for several decades and even proliferate as personal computer printers improve in quality and drop in price All that will happen is that there will be a simple substitution the kind that eases all technological transitions Odlyzko6 Scholars will print articles on their personal or departmental printers instead of going to the library photocopying those articles and bringing the copies back to their offices to study The transition to electronic distribution and storage should not take too long Many scholars swear that nothing can substitute for browsing of bound printed journals However this resistance can be overcome We already have examples of academic libraries in which efficient document delivery from the library s own collections has drastically reduced physical visits to the library by faculty and students Further network effects will be playing an increasing role More material available in electronic formats and more linking of digital forms of articles will make it much more attractive to browse on a screen and only print out articles for careful study For example in mathematics the two main reviewing publications Mathematical Reviews and Zentralblatt fuer Mathematik whose electronic forms are catching on much faster for obvious reasons of much greater efficiency than online versions of primary research journals AndersonDR are beginning to offer links to articles being reviewed Publishers will surely help this move by making the electronic versions more attractive than print ones They are already beginning to provide links to references and make online versions of articles available earlier than the print editions At some point they also will surely increase the prices of print editions compared to the online ones and perhaps lengthen print publication backlogs Eventually enough libraries will agree to eliminate print subscriptions so that they will be phased out As an intermediate step they might be farmed out to specialized inexpensive publishers to print the electronic versions What I am predicting is that publishers who used to resist electronic publishing will out of self interest become forcing agents who accelerate natural technological transitions Odlyzko6 The elimination of print editions of journals will eventually reduce publishers costs Even though they have yet to concede that acceptable quality can be obtained in electronic publishing for 10 of the current print costs they do admit that savings of 20 30 can be obtained by elimination of printing and distribution costs Most important this step will reduce library costs and relieve the cost pressures on academic information systems Thus decisive steps towards eliminating print versions of journals are likely to be taken by academic decision makers the deans and presidents when they realize how much can be saved What about librarians I expect they would adjust easily to a paperless journal environment First of all the transition would be gradual While there is inertia among scholars there is also a much more understandable inertia in the library system given their huge accumulated print collections These collections will have to be maintained until the slow conversion to digital format is completed And some materials will never be converted Further there may well be a revival of scholarly monograph publishing which has been getting squeezed out of library budgets by journals as is shown by the ARL budget figures ARL It is hard to forecast what effect this will have on the libraries though since the number of monographs published is likely to increase but many of them will be distributed electronically The main job losses will be in the less skilled positions with the part time student assistants who check out and reshelve material going first Reference librarians are likely to thrive although their job titles may not mention the library After all we will be in the Information Age and there will be much more information to collect classify and navigate Information specialists are likely to abound and have much more interesting jobs Although there will be many opportunities librarians will have to compete to retain their preeminence as information specialists Odlyzko5 by operating in new ways However there are two other jobs that they are also well positioned to retain One is negotiating electronic access licenses The other is enforcing access restrictions It is worth emphasizing that if the publishers do succeed in their approach and disintermediate the librarians while retaining their revenues and profits the resulting system is likely to be much superior to the present one Defenders of the current libraries tend to come from top research universities which do have excellent library collections That is an exception though Most scholars and an overwhelming majority of the population make due with very limited access to those precious storehouses of knowledge An illuminating graph by Griffiths and King GriffithsK reproduced as Fig 9 4 on p 202 in Lesk 1997 Lesk shows library usage decreasing rapidly as the effort to reach the library grows even on a single campus For the bulk of the world s population little is available Electronic publishing promises far wider and superior access I am not forecasting a new age of universal enlightenment with the couch potatoes starting to read scholarly articles However there will be growth in usage of scholarly publications by the general public The informal associations devoted to discussions of medical problems those on AIDS present the best example show how primary research material does get used by the wide public if it is easily available and perceived as relevant For scholars alone there will be a huge increase in productivity with much easier access to a wider range of information The basic strategy of the publishers faced with pressure to reduce costs is to reduce the role of libraries There is nothing nefarious in this approach As we move towards the information age different groups will be vying to fill various rapidly evolving ecological niches After all many scholars are proposing that they and the librarians disintermediate the publishers while others would bypass librarians and publishers both and handle all of primary research publishing themselves In this environment some of the potential extremely important players might be Kinko s copy shops They may end up disintermediating the bookstores and libraries by teaming up with publishers to print books on demand They might also disintermediate the publishers by making deals directly with authors and their agents 4 Fairness and the new economics of information goods The previous section outlined the strategy that established publishers appear to be pursuing or likely to pursue Here we discuss the tactics There are extensive fears and complaints about the pricing and access policies publishers offer for their electronic journals as can be seen in the messages on the Liblicense discussion list archive LIBL and the electronic Newsletter of Serials Pricing Issues NSPI Many of these concerns are likely to be allayed with time as they are natural outcomes of a move towards a new technological and economic environment By negotiations compromise and experiment librarians and publishers will work out standard licensing terms that they and scholars can live with As one example there is great concern among librarians and scholars about access to electronic journal articles once a subscription is canceled This is clearly an issue but one that can be solved through negotiations Some issues that are raised by librarians will not go away The basic problem with information goods is that marginal costs are negligible Therefore pricing according to costs is not viable and it is necessary to price according to value What this means is that we will be forced into new economic models Many people especially Hal Varian Varian have been arguing for a long time that we will see much greater use of methods such as bundling differential quality and differential pricing See also Odlyzko2 Odlyzko3 SchapiroV Unfortunately this will increase complaints about unfairness Odlyzko3 Many of the prices and policies will seem arbitrary That is because they will be largely arbitrary designed to make customers pay according to their willingness and ability to pay The current U S airline pricing practices are a good example of the practices that work well in providing service to a wide spectrum of users with varying needs However those practices are universally disliked That may also be the fate of scholarly journal publishing in cyberspace Pricing according to value means different prices for different institutions Hollywood rents movies to TV networks at prices reflecting the size and affluence of that network s audience so a national network in Ireland will pay much more than one in Iceland but much less than one of the large U S networks We can expect prices of electronic scholarly journals to be settled increasingly by negotiations The consolidation of publishers as well as libraries through consortia will help make this process manageable There is unhappiness among scholars and librarians about restrictions on usage of some electronic databases such as limiting the number of simultaneous users or restricting usage to a single workstation inside the library The preferred location of access is of course the scholar s office However that is precisely the point to offer a more convenient version such as one available without restrictions from any place on campus for a high price and a less convenient version that requires a physical visit to the library and possibly waiting in line for a lower price Such techniques are likely to proliferate and a natural function for libraries will be to enforce restrictions imposed by publishers We can already see this in the license conditions for hybrid journals that appear both in print and electronic formats Publishers of such journals almost universally allow only the print

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