May 25, 2017

Archives for April 2012

Modest Proposals for Academic Authors

In the scuffles over copyright policies on scholarly articles, what is the academic author to do? First, inform yourself. Find and read the copyright policy of the journals (or refereed conferences) to which you submit the articles describing research results. Find out the subscription price (dead-tree-edition or online) that the publisher charges individuals and institutions, and compare with the norms in your fields and others. Decide for yourself whether your publisher is unduly limiting the spread of ideas, or charging such prices that the effect is the same.

Remember what Thomas Jefferson wrote in 1813:

That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property.

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Copyright in Scholarly Publishing, 2012 Edition

I’ve heard a lot recently about copyright policies of scholarly journals. Over 9000 researchers signed a pledge to boycott Elsevier, on three grounds: (1) high prices for journal subscriptions, (2) bundling practices for institutional subscriptions; (3) lobbying regarding SOPA, PIPA, and the Research Works Act.

Meanwhile, other organizations such as the ACM (scholarly/professional society for computer science and the computing industry) and IEEE (scholarly/professional society for electrical engineering and computing) once were leaders in open-access; they had relatively low journal prices and relatively liberal policies permitting authors to display preprints on the authors’ web pages. Now the ACM’s and IEEE’s policies have not changed, but they are no longer at the forefront: while ACM and IEEE require an assignment of copyright and leave the author with a few rights, organizations such as Usenix (another professional society in computing) take only a nonexclusive license to reprint a scholarly article.

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The Latest in Nationwide Internet User Identification – Part 2 (the All-New, So-Called Federal Co-Conspirator Theory)

Since Part 1 in this series a few months ago, Plaintiffs have continued to file “pure bill of discovery” suits in Florida state court. These proceedings typically involve “John Does” who are accused of copyright infringement via peer-to-peer networks. The Plaintiffs (copyright-holders or their delegates) have continued to name as defendants in those “pure discovery” proceedings not the entities from whom they seek discovery (i.e., the Internet service providers) but instead John Does, from whom no discovery is sought. After filing their suits, Plaintiffs promptly seek and obtain an ex parte order for expedited discovery of the John Does’ names from the ISPs, even though the ISPs are not then represented or present in the proceeding. Because the ISPs are not technically parties, the Plaintiffs can use these orders to issue subpoenas to ISPs from across the country regardless of whether the ISPs or their subscribers would be subject to the jurisdiction of a Florida state court.

The Plaintiffs’ lawyers certainly must know that this is not right. For one thing, they tend to withdraw their subpoenas whenever it appears a court is actually going to hear the reasons why their use of the proceeding is improper.

Recently, several ISPs stood firm and proceeded to a hearing on their motions for protective order in a couple of these proceedings. The Plaintiffs’ lawyers, in typical fashion, tried to withdraw their subpoenas and argued that the judges should not listen to the ISPs’ arguments. Not surprisingly, the Plaintiffs did not fare well in an adversarial proceeding.

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