From: Kevin Smith <[log in to unmask]>
Date: Thu, 22 Oct 2015 00:49:48 +0000

While I share, to a degree, at least, Sandy's sense of unease about this
practice, when I break it down I have a hard time figuring out just where
it would actually "run afoul" of the law.  The initial copy is, under the
facts provided, made by an authorized user of a database acting within the
scope of the database license.  And I don't see how we can argue that a
person in possession of a lawful copy cannot share that copy with someone
else. It is not at all clear to me that only the author is entitle to this
kind of single copy sharing.  Even if first sale does not apply due to the
nature of digital copies, such individual sharing from one person to
another would seem like a persuasive fair use.  What is "system[atic]" or
"widespread" about the practice is nothing more than the way the requests
are communicated, i.e., via Twitter.  But can the use of social media to
distribute not the copy, but merely the request for the copy, really
transform something that otherwise looks legal into an infringment?

Puzzling.

Kevin

Kevin L. Smith, M.L.S., J.D.
Director of Copyright and Scholarly Communications
Duke University Libraries
Durham, NC 27708
[log in to unmask]



On 10/21/15 8:18 PM, "LIBLICENSE" <[log in to unmask]> wrote:

>From: Sandy Thatcher <[log in to unmask]>
>Date: Wed, 21 Oct 2015 18:47:13 -0500
>
>I suspect this work-around might run afoul of the law because it is
>someone else than the author sharing the article.  Stevan Harnad has
>long recommended the practice of people who want access to an article
>writing directly to the author and asking for a copy. a practice that
>reflects the long tradition of scholars sending their articles to
>other scholars when asked by them to do so.  Courts often give
>deference to such traditional practices, and it is why I believe
>Harnard's suggestion is probably safe to follow.  I'm much less sure
>about a system of widespread sharing like this that is specifically
>aimed at replacing publisher fees.
>
>Sandy Thatcher
>
>
>> From: Ann Shumelda Okerson <[log in to unmask]>
>> Date: Wed, 21 Oct 2015 19:17:47 -0400
>>
>> Many readers have seen these pieces making the rounds today.  Do folks
>> regard this practice as hacking or as normal scholarly sharing of
>> single articles?  Why?
>>
>> http://www.bbc.com/news/blogs-trending-34572462
>>
>>
>>http://qz.com/528526/academics-have-found-a-way-to-access-insanely-expens
>>ive-research-papers-for-free/
>>
>> "Scientists are tweeting a link of the paywalled article along with
>> their email address in the hashtag-a riff on the infamous meme of a
>> fluffy cat's "I Can Has Cheezburger?" line. Someone else who does have
>> access to the article downloads a pdf of the paper and emails the file
>> to the person requesting it. The initial tweet is then deleted as soon
>> as the requester receives the file."