<div dir="ltr"><br><div class="gmail_extra"><br><br><div class="gmail_quote">On Sat, Dec 7, 2013 at 7:21 PM, Heather Morrison <span dir="ltr"><<a href="mailto:Heather.Morrison@uottawa.ca" target="_blank">Heather.Morrison@uottawa.ca</a>></span> wrote:<br>
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<div>I argue that the problem here is not green open access. It's Elsevier. Even their version of CC-BY (with exclusive license to publish) does not resolve this problem.</div></div></blockquote><div><br></div><div>The only version of CC-BY is that created by Creative Commons:<br>
<br><a href="http://creativecommons.org/licenses/by/3.0/legalcode">http://creativecommons.org/licenses/by/3.0/legalcode</a><br><br></div><div>It may not be arbitrarily modified, nor can its use be restricted or modified by additional exterior protocols: From section 8: d and e<br>
<i><br>No term or provision of this License shall be deemed
waived and no breach consented to unless such waiver or
consent shall be in writing and signed by the party to be
charged with such waiver or consent.<br><br>This License constitutes the entire agreement between
the parties with respect to the Work licensed here. There
are no understandings, agreements or representations with
respect to the Work not specified here. Licensor shall
not be bound by any additional provisions that may appear
in any communication from You. This License may not be
modified without the mutual written agreement of the
Licensor and You.</i><p>I have done a moderate amount of exploration of Elsevier's "Open Access" and have not observed any modified CC-BY licences - the licence statement refers back to the CC authority. I have observed CC-BY licences on documents which also assert <br>
</p><p>"(C) Elsevier; All rights Reserved"</p><p>which would be overridden be clauses d and e. I have also observed articles labelled CC-BY behind paywalls and have alerted the world (including Elsevier) to this. It would be legal to copy these articles and post them openly anywhere.</p>
<p><br></p><br></div><br clear="all"></div><br>-- <br>Peter Murray-Rust<br>Reader in Molecular Informatics<br>Unilever Centre, Dep. Of Chemistry<br>University of Cambridge<br>CB2 1EW, UK<br>+44-1223-763069
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