[GOAL] Don't blame Springer (this time)

[Christian Gutknecht]

Hi Fréderic

Yes, hybrid options can confuse authors, who have missed the whole OA discussion of the last 10 years. However I would not blame Springer here. 

For me the existance of hybrid OA, is the fault of academic libraries unable to take coordinate actions and force publishers to a true Gold OA model. If we all would join together like OA2020.org is proposing, we will be able to solve this problem soon.

First priority is to move the money away from subscription to Gold OA. The current subscription money is your leverage!! 

If you're not couragous enough to cancel all the subscriptions (despite Sci-Hub), then go for an offsetting deal or a ‚publish an read' model. 

I would anyone recommend to look into the Dutch agreements. Here for example their Springer Agreement of 2015-2016:
https://wisspub.files.wordpress.com/2017/07/dutch_springer_agreement_2015-2016.pdf

It shows that the Dutch were able to settle for an average APC of 1400 EUR (http://www.scienceguide.nl/201709/what-is-the-price-per-article.aspx). So if your researcher has paid 2640 EUR hybrid APC she/he was probably ripped off anyway.

You also find here the extracted OA-Clauses from the other Agreements: https://docs.google.com/document/d/1ikGP3YmIJkTimKRSVaCn7L1JMiTnX7AXmiiyS6GPAAw/edit#

If France and other countries would eventually insist on the same (or even better) terms as the Dutch already have since 2015 we would very soon reach a state, where there is so much hybrid OA out there, that either publishers move to a gold OA model, or all the less courageous countries would stop subscribing.

Best regards

Christian
https://orcid.org/0000-0002-7265-1692 <https://orcid.org/0000-0002-7265-1692>




> Am 26.11.2017 um 23:20 schrieb Frédéric Hélein <frederic.helein at imj-prg.fr>:
> 
> Hello,
> For the third time in less than a year, I was reported the case of a researcher publishing an article in
> a Springer journal and who is summoned to pay fees for on line Open Access (2640 euros) because he had chosen this option
> without understanding the consequences and because it is impossible for him to go back!
> 
> In this case the last message received contains the very nice sentence:
> "Please note that we will give our claim to the legal department and debt collection agency if we should not receive your payment in time. You should be aware that there are further costs involved, such as interest fees and administrative fees for the legal action. In order to avoid this you should remit the outstanding amount immediately.
>  
> We want to provide you one more opportunity in order to clear your debt.  "
> 
> The basic problems are always the same: once the Open Choice option, vaunted by the site, was checked, it
> can not be undone because the article is published online in a freely accessible form before
> the payment is made and the publisher refuses to cancel the Open Access option.
> 
> This mechanism is not very far from a forced sale, a practice prohibited by the article L122-3 <https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006069565&idArticle=LEGIARTI000024039758> of the French consumer code
> and makes impossible any use of the right of withdrawal, as provided e.g. by the article 121-20-12 <https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006069565&idArticle=LEGIARTI000006292075&dateTexte=&categorieLien=cid> of the French consumer code.
> 
> The case in question concerns a researcher who did not imagine that a publisher to whom he ceded his rights (without compensation)
> for the dissemination of his paper would ask him to pay for this article to be posted on Open Access, while the journal or
> Proceedings containing this article continue to be sold to institutions.
> 
> Furthermore the three cases reported to me concern only the community of mathematicians working in France.
> So there are probably other colleagues in other countries and for other disciplines.
> 
> Sincerely Yours
> 
> Frédéric Hélein
> Professor, University Paris Diderot
> Scientific Chair of the RNBM <http://www.rnbm.org/> (French National Network of Mathematics Libraries)
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