My legal background is very much ancient (like probably 45 years) but I suspect it’s a matter of precedent. If you don’t defend your rights, you may lose them. Witness the American Psychological Association. I suspect we may see a number of suits by publishers, and associations. They may never actually collect money, but it does establish precedent, and a point of pressure for agencies, governments wishing to publish in the future.
The recent article about the growth of scientific publishing is quite instructive.
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From: "Jim O'Donnell" <[log in to unmask]>
Date: Wed, 28 Jun 2017 12:35:03 -0700
First Elsevier, now the American Chemical Society, seeing Elsevier's success, files suit against offshore malefactors.
The question this raises in my mind is, why do these large and powerful organizations think it's worthwhile filing and winning these suits. Their lawyers and the process cost them a fair packet, while the malefactors revel in their ability to escape the long arm of the law. Suggests to me there's a deeper game going on. Worth doing all this to make a careful show of protecting their rights against future malefactors who may be within reach? I would be glad to be instructed.
Jim O'Donnell
Arizona State