RE: What is wrong with this picture?

[Kathy Johnson <kjohnson@library.caltech.edu>]

1. Contrary to what publishers might want or think, we don't usually throw
copyright violators in jail in the U.S.  We just fine them to death - $250
per incident is the standard fine, and it can add up pretty quickly - at
least, that's what my understanding is from a discussion we had just last
week with our intellectual property rights lawyer.

2. "Protecting authors" is just an excuse for the publishers.  What
they're really protecting is their short-term revenue stream.

Katherine Johnson
Head, Technical Services
Caltech Library System
Millikan Library 1-32
California Institute of Technology
Pasadena, CA  91125
Tel: (626) 395-6065	Fax: (626) 792-7540
kjohnson@library.caltech.edu



-----Original Message-----
From: Ann Okerson [mailto:aokerson@pantheon.yale.edu]
Sent: Monday, June 19, 2000 11:34 AM
To: liblicense-l@lists.yale.edu
Subject: Re: What is wrong with this picture?


Peter McKay of Derwent publications sends the following message:

----------------------------------------------------------------------
>From peter.mckay@derwent.co.uk Mon Jun 19 04:20:28 2000
From: "McKay, Peter" <peter.mckay@derwent.co.uk>
To: "'Stevan Harnad'" <harnad@coglit.ecs.soton.ac.uk>,
        september98-forum@amsci-forum.amsci.org
Cc: Elib List EJ <lis-elib@mailbase.ac.uk>,
        Lib Serials list
	 <serialst@LIST.UVM.EDU>, VPIEJ-L@LISTSERV.VT.EDU,
        liblicense-l@lists.yale.edu
Subject: Re: What is wrong with this picture? (Refereed Journal Publishing)
Date: Mon, 19 Jun 2000 09:10:02 +0100


It strikes me that what is wrong with this picture is twofold. One the
undergraduate is breaking the law and should be put in jail. Two, the
university system is clearly not allocating enough rescues to its
information needs.

Peter McKay

-----Original Message-----
From: Stevan Harnad [mailto:harnad@coglit.ecs.soton.ac.uk]
Sent: 18 June 2000 11:15
To: september98-forum@amsci-forum.amsci.org
Cc: Elib List EJ; Lib Serials list; VPIEJ-L@LISTSERV.VT.EDU;
liblicense-l@lists.yale.edu
Subject: What is wrong with this picture? (Refereed Journal Publishing)

    [The following concerns refereed research report publication.]

What is wrong with the following picture?

    (1) A brand-new PhD recipient proudly tells his mother he has just
    published his first article. She asks him how much he was paid for
    it. He makes a face and tells her "nothing," and then begins a long
    complicated explanation.

    (2) A fellow-researcher at that same university sees a reference to
    that same article. He goes to their library to get it: It's not
    subscribed to here; can't afford that journal; subscription budget
    already overspent.

    (3) An undergraduate, same university, sees the same article
    cited on the Web; clicks on it. The publisher's website demands a
    password: only paid subscribing institutions can have access. 

    (4) The undergraduate loses patience, gets bored, and clicks on
    napster to grab an MP3 file of his favorite bootleg music CD to
    console him in his sorrows.

    (5) Years later, the same PhD is being considered for tenure; his
    publications are good, but they're not cited enough; they have not
    made enough of a research impact. Tenure denied.

    (6) Same thing happens when he tries to get a research grant: his
    research findings have not had enough of an impact: not enough
    researchers have read and cited them.

    (7) He decides to write a book instead. Publisher declines to
    publish it: It wouldn't sell enough copies because not enough
    universities have enough money to pay for it -- their purchasing
    budgets are tied up paying for their inflating annual journal
    subscription costs.

    (8) He tries to put his articles up on the Web, free for all, to
    increase their impact; his publisher threatens to sue him for
    violation of copyright.

    (9) He asks his publisher who the copyright is intended to protect.

    (10) His publisher replies: You! 

What is wrong with this picture? (And why is the mother of the PhD
whose give-away work people cannot steal, even though he wants them
to, in the same boat as the mother of the recording artist whose
non-give-away work they can and do steal, even though he does not
want them to?) 

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Stevan Harnad                     harnad@cogsci.soton.ac.uk