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How Springer Images is damaging Open Access

There is a new Toll Access database (with a small free section) 
called Springer Images which contains pictures under a Creative 
Commons Noncommercial License (resulting from Springer's Open 
Choice) but without mentioning the license.

See http://archiv.twoday.net/stories/5814210/ (in German)

It is questionable if it is not legal what Springer is doing but 
I am convinced that it is definitively against the spirit of Open 
Access/Open Choice. If someone pays 3000 dollars for a CC-BY-NC 
license he should get it. This means also that non-commercial 
datamining must be allowed because the license allows it. If 
Springer uses the images of Open Choice articles Springer has to 
tag them with their CC license! (BTW: Google has now announced 
officially the CC filter in its Image Search.)

Klaus Graf