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 8201 Edgewater Drive Frisco, TX 75034-5514 e-mail: [log in to unmask] Phone: (214) 705-1939 Facebook: http://www.facebook.com/sanford.thatcher "If a book is worth reading, it is worth buying."-John Ruskin (1865) "The reason why so few good books are written is that so few people who can write know anything."-Walter Bagehot (1853)