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From:
LIBLICENSE <[log in to unmask]>
Reply To:
LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Thu, 26 Mar 2015 21:55:15 -0400
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From: Joseph Esposito <[log in to unmask]>
Date: Thu, 26 Mar 2015 21:27:09 -0400

If Wiley or anybody else breached a contract, they certainly can be
called to account by the relevant counterparties, though I doubt that
this is a "crime."  But lawyers jump in here and do whatever it is
that you do.

My own view is that this entire situation is being misunderstood.  It
is in EVERYONE'S interest for a publisher to attempt to sell things
that have been paid to be open access, provided that the OA versions
remain available. My argument is here:

 http://scholarlykitchen.sspnet.org/2015/03/17/getting-beyond-post-and-forget-open-access/

Joe Esposito

Joseph J. Esposito
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+Joseph Esposito


On Thu, Mar 26, 2015 at 7:56 PM, LIBLICENSE <[log in to unmask]> wrote:
>
> From: Subbiah Arunachalam <[log in to unmask]>
> Date: Fri, Mar 27, 2015 at 3:23 AM
>
> Should we approach the Consumer International (or similar organizations)?
>
> Arun
>
>
> On Thu, Mar 26, 2015 at 10:53 PM, Peter Murray-Rust
> <[log in to unmask]> wrote:
> >
> > I must congratulate Ross on his incredible effort and patience in bringing to light completely unacceptable practices in scholarly publishing. At best the crime is "we don't give a **** about readers and libraries". It's more than incompetence - it's don't-care incompetence at best. and if it's worse than that ...
> >
> > There is no regulator for scholpub (IMO there should be) and academic libraries don't care - it's other people's money, not theirs. That's also unacceptable.
> >
> > I don't have a solution, because in UK I think the trading standards office has been discontinued otherwise we should take these cases there. It's close to, but not identical to Copyfraud, where people have sued breachers (though it's a great effort).
> >
> >
> > On Thu, Mar 26, 2015 at 4:48 PM, Ross Mounce <[log in to unmask]> wrote:
> >>
> >> I didn't think we'd find more examples of 'false paywalling' so easily or so quickly but here it is:
> >>
> >> http://rossmounce.co.uk/2015/03/26/wiley-are-charging-for-access-to-thousands-of-articles-that-should-be-free/
> >>
> >> Wiley recently (legitimately) took control of a society journal called Limnology and Oceanography from the Association for the Sciences of Limnology and Oceanography (ASLO). The association makes clear in its guidelines for the journal that all articles are placed into Free Access after three years:
> >>
> >> http://aslo.org/lo/toc/
> >>
> >> Yet for at least 2 months and 25 days, Wiley was selling access to articles from Limnology and Oceanography for $45.60 USD (inc. tax). I know this because I bought access to an article myself. Volumes 1 (1956) to 41 (1996), consisting of thousands of articles were on sale at Wiley.
> >>
> >> I do not know how many people have bought access to one of these affected articles in this period. Clearly a full investigation is needed. Can we trust Wiley to self-report how many readers were mistakenly sold access to these articles?
> >>
> >> I put this in the past tense because they have just 'un-paywalled' these articles in the last 30 minutes or so. I still have my receipt from my article purchase though, so there is clear evidence that this happened.
> >>
> >> Best,
> >>
> >> Ross
> >>
> >> -/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-
> >> Ross Mounce
> >> Fossils, Phylogeny and Macroevolution Research Group
> >> University of Bath, 4 South Building, Lab 1.07
> >> http://about.me/rossmounce
> >> -/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-

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