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.

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David R. Hansen
Digital Library Fellow
Samuelson Law, Technology & Public Policy Clinic
UC Berkeley School of Law
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(510) 643-8138