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]