From: Sandy Thatcher <[log in to unmask]>
Date: Tue, 24 Apr 2012 22:24:17 -0500
If I'm not mistaken, the means of enforcing compliance is the threat
of the NIH not making any future grants to an author who does not
comply. I don't know where there are statistics, however, on how many
times this has happened.
Sandy Thatcher
> 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]
--
Sanford G. Thatcher
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"If a book is worth reading, it is worth buying."-John Ruskin (1865)
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who can write know anything."-Walter Bagehot (1853)
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