From: Joseph Esposito <[log in to unmask]>
Date: Mon, 23 Apr 2012 18:09:14 -0700

Dave,

I doubt I am alone among the publishing types on this list to wonder
why it has taken this long for this topic to come up.  I have never
seen an analysis of what you are calling noncompliance and will be
eager to learn more about this.  I will say, though, that this is only
partly a legal matter.  It's also a matter of organizational
effectiveness.  Bodies that make regulations may or may not be able to
oversee the implementation of those regulations.

Joe Esposito


On Mon, Apr 23, 2012 at 5:03 PM, LIBLICENSE <[log in to unmask]> wrote:
>
> From: "Hansen, Dave" <[log in to unmask]>
> Date: Mon, 23 Apr 2012 21:28:06 +0000
>
> Does anyone on this list have an idea of how the NIH enforces its
> public access policy? I recently had a conversation with someone who
> has viewed several NIH non-compliance letters. She expressed some
> consternation that, while letters sometimes go out about
> non-compliance, there is no real force behind them and nothing that
> effectively compels compliance. I couldn’t find any more info from the
> NIH itself.
>
> Does anyone have any idea how prevalent non-compliance is and how
> frequently NIH takes actions to enforce the policy, and for those
> library lawyers that I know lurk around on this list, who (if anyone)
> would be able to contest non-enforcement by the NIH?*
>
> *I’m not trying to pick a fight. I’d just like to know who has the
> right to do such a thing.
>
> -----
>
> David R. Hansen
> Digital Library Fellow
> Samuelson Law, Technology & Public Policy Clinic
> UC Berkeley School of Law
> [log in to unmask]