[GOAL] Re: France's Digital Republic bill and OA

[BAUIN Serge]

Hi,

There is still one piece missing (well… in fact quite many, the bill is still on its way. Missing as of the consultation phase.).
On Friday the 16th, after a 24h notice, a brainstorming meeting (called GouvCamp) has taken place in Paris (too bad for those not being in Paris or around) to discuss 6 of the 30 or articles of the bill.
The 6 were those most discussed on the « République Numérique » web site. There were, of course, 6 workshops, one of them on article 9.
The Minister for Digital Affairs Axelle Lemaire<https://en.wikipedia.org/wiki/Axelle_Lemaire> came for the wrap up. She heard all six oral summaries and returned what she had heard to the audience.
A written summary in 8 points<https://www.republique-numerique.fr/projects/projet-de-loi-numerique/consultation/consultation/opinions/section-2-travaux-de-recherche-et-de-statistique/article-9-acces-aux-travaux-de-la-recherche-financee-par-des-fonds-publics/versions/compte-rendu-du-groupe-gouv-camp-article-9> from the rapporteur of our group about article 9 was posted Sunday evening as a sort of last contribution to the web consultation.
I have no translation of this summary, sorry for Andrew (and 80% or so of our readers, I guess…).
Sorry for that.

So, what’s going on now?
Ha!
We’ll see ;-)

Cheers

Serge

De : Andrew Hyde <ahyde at cambridge.org<mailto:ahyde at cambridge.org>>
Répondre à : Global List <goal at eprints.org<mailto:goal at eprints.org>>
Date : Fri, 30 Oct 2015 17:59:08 +0100
À : Global List <goal at eprints.org<mailto:goal at eprints.org>>
Objet : [GOAL] Re: France's Digital Republic bill and OA

Thanks Laurent and Jean-Francois for the explanation. I hadn't quite realised that the bill is yet to be passed and could be redrafted - so I appreciate the summary.

Have a good weekend!

Andrew

From: goal-bounces at eprints.org<mailto:goal-bounces at eprints.org> [mailto:goal-bounces at eprints.org] On Behalf Of Laurent Romary
Sent: 30 October 2015 12:01
To: Global Open Access List (Successor of AmSci) <goal at eprints.org<mailto:goal at eprints.org>>
Subject: [GOAL] Re: France's Digital Republic bill and OA

Hi Andrew,
It is very difficult to comment on a process where a variety of voices have heard and the final decision is still to be made (ministry, than parliamentary), but yes, article 9 has been the focus of attention for the research community:
- the initial draft was rather publisher friendly with long embargoes (12 - 24) and prevention of commercial re-use
- the community at large has pushed dramatically reduce embargoes (amendment by CNRS) and even suggest that we should get rid of them (amendment di Cosmo) or leave the author’s manuscript free of any constraint (Inria)
- there is an attempt to re-introduce an exemption for TDM which had disappear between an early draft of the law and the one made available for public consultation
It seems that the community has been heard and that we may have a more favorable draft at the next stage.
Still, the important aspect related to this law is that it made many of use read thoughtfully the Code de la Propriété Intellectuel and converge on the idea that it is not allowing any kind of non remunerated (exclusive) copyright transfer. Quick some good news for French scholars who have been forced to sign such (illegal) CTA.
Have a good week-end,
Laurent


Le 30 oct. 2015 à 11:31, Andrew Hyde <ahyde at cambridge.org<mailto:ahyde at cambridge.org>> a écrit :

Hi all,

My first time posting a question to the GOAL list. I wondered if anyone in France or familiar with the Digital Republic bill (Republique Numerique) could tell me a bit more about its implications for OA to French publicly funded research (eg. CNRS).

I've read a bit about the bill in English and have run some things through Google Translate, now regretting my poor attention in French class in secondary school. The news articles I've read<http://www.networkworld.com/article/2995978/opensource-subnet/france-votes-to-expand-open-source-use.html> make it sounds like a laudable process, open to public consultation on the Internet, with some popular propositions to reduce proprietary software in schools and universities in favour of Linux/GNU, as well as proposals to protect privacy of personal data and encryption.

Article 9 concerns Open Access<https://www.republique-numerique.fr/consultations/projet-de-loi-numerique/consultation/consultation/opinions/section-2-travaux-de-recherche-et-de-statistique/article-9-acces-aux-travaux-de-la-recherche-financee-par-des-fonds-publics/versions/une-duree-d-embargo-plus-courte-ne-pas-entraver-le-tdm-fouille-de-texte-et-de-donnees-et-ne-pas-interdire-une-exploitation-commerciale> to public research.

I've read contradictory statements about what the bill proposes in terms of embargoes for Green archiving. This SciELO blog post (October 9)<http://blog.scielo.org/en/2015/10/09/france-prepares-bill-to-regulate-open-access/> suggests that the bill proposes that publicly funded research should be made publicly accessbile without embargo; whereas the statements and annotations of the article on the Republique Numerique website<https://www.republique-numerique.fr/consultations/projet-de-loi-numerique/consultation/consultation/opinions/section-2-travaux-de-recherche-et-de-statistique/article-9-acces-aux-travaux-de-la-recherche-financee-par-des-fonds-publics/versions/une-duree-d-embargo-plus-courte-ne-pas-entraver-le-tdm-fouille-de-texte-et-de-donnees-et-ne-pas-interdire-une-exploitation-commerciale> suggest that there was an original proposal of an embargo of 12 months for STM and 24 months for HSS, which has now been modified to 6 and 12 months respectively. I've read one or two comments on Twitter this morning suggesting that the embargo periods are still very much under discussion.

The SciELO blog also suggests that there are provisions to encourage text and data mining and to end the exclusive transfer of copyright of publicly funded research and data to publishers. I haven't found much detail on these or any support for Gold.

I'd be interested to know what the view is on the OA article amongst the OA community in France and also what people have made of the process to establish digital rights. I remember that Brazil went through a similar process with a Digital Rights bill last year<https://www.indexoncensorship.org/2014/06/brazil-new-global-internet-referee/>, of course following on from the Snowdon revelations which had a big impact in Brazil, much of which was weakened by the time it got into law.

Many thanks for any information you can provide me…

Andrew Hyde
Development Editor (Open Access)
+44 (0)1223 326031 | @andrewchyde<https://twitter.com/andrewchyde>

Cambridge University Press
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Laurent Romary
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