On 2011-11-06, at 4:08 PM, Allen Kleiman wrote:<br><br><blockquote class="gmail_quote" style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0.8ex; border-left-width: 1px; border-left-color: rgb(204, 204, 204); border-left-style: solid; padding-left: 1ex; ">
Is this a matter of 'commerce'?</blockquote><br>Yes indeed, but definitely not commerce along the lines of the analogy you describe below:<br><br><blockquote class="gmail_quote" style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0.8ex; border-left-width: 1px; border-left-color: rgb(204, 204, 204); border-left-style: solid; padding-left: 1ex; ">
Suppose I own a car and [1] offer it for sale to a rental company with [2] the verification of its reliability and safety by two or three mechanics of questionable qualifications and skill. However, [3] I want to include a condition of sale that the buyer will make the car available to all the poor people in my town for free since they can't afford to pay for the rental.<br>
<br>When a Publisher offers to print an article -- certified by referees of questionable repute -- and [4] absorbs the cost of publication, distribution, and etc., isn't he entitled to [5] retain the rights of sale?</blockquote>
<div><br></div><div>Now let me count the myriad ways your analogy fails:</div><div><br></div><div> [1] offer [car] for sale: No, authors don't sell but give their paper to the publisher. They don't ask or get a penny in return.</div>
<div><br></div><div> [2] verification of [car's] reliability: The referees, too, offer their services for free -- but to the publisher, not the author.</div><div><br></div><div> [3] condition[s] of sale: No sale, no sale conditions. Author gives the paper to the publisher for free.</div>
<div><br></div><div>[4] cost of publication, distribution, and etc. In exchange for managing and certifying the outcome of the refereeing ("by referees of questionable repute"), the author gives the publisher is given all rights to sell, on paper or online.</div>
<div><br></div><div>[5] retain the rights of sale: In exchange for managing and certifying the outcome of the refereeing ("by referees of questionable repute"), the author gives the publisher is given all rights to sell, on paper or online.</div>
<div><br></div><div>In addition, the author simply places a free copy of the author's final draft ("certified by referees of questionable repute") online for those who cannot afford to pay for access to the publisher's version of record, on paper or online.</div>
<div><br></div><div>That's Green OA.</div><div><br></div><div><br></div>