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From:
LIBLICENSE <[log in to unmask]>
Reply To:
LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Wed, 16 Jan 2013 18:42:29 -0500
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From: Kristen Garlock <[log in to unmask]>
Date: Wed, 16 Jan 2013 17:42:03 -0500

Thank you for the additional feedback, Heather, I've shared it with my
colleagues.

-----Original Message-----
From: Heather Morrison [mailto:[log in to unmask]]
Sent: Wednesday, January 16, 2013 1:03 PM
To: Kristen Garlock
Subject: Re. JSTOR Early Journal Content: page not found

This is an improvement, thanks Kristen & JSTOR. However, I would
suggest that there is still work to. My following comments center on
public domain (important - JSTOR is still asserting rights in public
domain works), and attribution (food for thought). Comments welcome.

This clause:

2. Permitted Uses of the Content.

JSTOR encourages broad use of the Early Journal Content., Users are
free to copy, use, and redistribute the Early Journal Content in part
or in whole for non-commercial purposes.

Please be considerate of other users and do not use robots or other
devices or coordinate activity to systematically download these works
as this may be disruptive to our systems.

[snip]

suggested change to:

2. Permitted Uses of the Service.

Please be considerate of other users and do not use robots or other
devices or coordinate activity to systematically download these works
as this may be disruptive to our systems.

Early Journal Content works are, to the best of JSTOR's knowledge, in
the public domain.

Comment: the statement as it stands on JSTOR's page asserts commercial
rights for works that are in the public domain.

3. Attribution.

JSTOR asks that you acknowledge JSTOR as the source of the Early
Journal Content; if you use material from JSTOR online, we request
that you link directly to the stable URL provided.  If you use Early
Journal Content offline, we ask that you credit the source as follows:
"Courtesy of JSTOR."

Comment: it seems to be becoming increasingly common for
intermediaries to assert attribution rights. My perspective is that
this is completely inappropriate. We are talking about works that were
written by people before 1923 in the US and before 1870 elsewhere -
before computers were invented, never mind JSTOR. Attribution should
be limited to those actively involved in creating the work - authors
and editors.

Another way to look at this is to consider the potential attribution
chain, especially for works that have been around for a while. Honest
attribution might look something like this: written by [authors],
published by [journal], owned by [publisher], in turn owned by
[publishing company], distributed by [postal service / ISP], purchased
and preserved by [list libraries], digitized by [persons], metadata
created by [list metadata creators], hosted by [JSTOR], owned /
supported by [name owning and supporting institutions].

If anything, I suggest it is timely to question attribution
altogether. "Author" is an artificial construct, as is "intellectual
property". I'm not saying we should eliminate these concepts
altogether, at least not right away, but we should continue to
challenge whether these concepts necessarily serve a useful purpose.

On the other hand, perhaps the full attribution chain can fulfill a
purpose, but this should probably be far in the background.

best,

Heather Morrison, PhD
Freedom for scholarship in the internet age
https://theses.lib.sfu.ca/thesis/etd7530


On 2013-01-16, at 8:16 AM, Kristen Garlock wrote:

> Heather,
>
> I appreciate your questions.  We have received some inquiries about the wording of Terms & Conditions for EJC content and have revised them to make them clearer (http://www.jstor.org/page/info/about/policies/terms.jsp#TC2). In any case, we do not assert copyright in these journals.
>
> We have put a link to the Early Journal Content prominently on our homepage in the past and will again, for sure.
>
> Kristen Garlock
>
> -----Original Message-----
> From: Heather Morrison [mailto:[log in to unmask]]
> Sent: Monday, January 14, 2013 6:48 PM
> To: Kristen Garlock; LibLicense-L Discussion Forum
> Subject: Re: [SCHOLCOMM] JSTOR Early Journal Content: page not found
>
> Thanks, Kristen, this is good to see.
>
> The Terms and Conditions raises more questions for me. Why is there no mention of the public domain? Why do the Terms and Conditions refer to being in addition to the JSTOR terms and conditions and library licenses? It is good to see that JSTOR is at least providing free access to these works, however it seems to me that JSTOR is continuing to assert new copyright in works that are clearly in the public domain.
>
> Many of the journals in Highwire Free are providing this or better access to their own journals within a year of publication:
> http://highwire.stanford.edu/lists/freeart.dtl
>
> This is a model that I would advise JSTOR and all participating journals to consider. Or, if JSTOR will not consider, then perhaps journals should move to another service, whether Highwire or looking to see if their local library is now able to support journal archiving (many are).
>
> It would be a nice gesture to prominently display a link to the Early Journal Content on JSTOR's home page, ideally before Aaron Swartz' funeral tomorrow.
>
> best,
>
> Heather Morrison
>
> On 2013-01-14, at 3:39 PM, Kristen Garlock wrote:
>
>> Hello, Heather -
>>
>> There have been no changes to the Early Journal Content. I'm sorry that original link doesn't work at the moment - I'll see if we can redirect to the current link:
>>
>> http://about.jstor.org/service/early-journal-content
>>
>> In case folks are not aware - metadata and OCR for this content are also available as a data bundle for text mining purposes. Info and instructions are at http://dfr.jstor.org/??view=text&&helpview=about_ejc.
>>
>> Regards,
>>
>> Kristen Garlock
>> Associate Director, Education & Outreach - JSTOR
>>
>>
>> -----Original Message-----
>> From: Heather Morrison [mailto:[log in to unmask]]
>> Sent: Monday, January 14, 2013 6:33 PM
>> To: LibLicense-L Discussion Forum; [log in to unmask] T.F.
>> Subject: [SCHOLCOMM] JSTOR Early Journal Content: page not found
>>
>> Just tried to access JSTOR's Early Journal Content and got the message: "page not found".  Link from this website:
>> http://about.jstor.org/news/jstor%E2%80%93free-access-early-journal-content-and-serving-unaffiliated-users
>>
>> Is the link broken, perhaps? Surely JSTOR has not taken down the very limited to access to public domain works (before 1923 in the US, before 1870 elsewhere) that they have been providing since shortly after Aaron Swartz downloaded their archive?
>>
>> best,
>>
>> Heather G. Morrison
>> The Imaginary Journal of Poetic Economics http://poeticeconomics.blogspot.com

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