Publishers settle copyright infringement lawsuit with ResearchGate; Chemistry World, September 18, 2023

REBECCA TRAGER, Chemistry World ; Publishers settle copyright infringement lawsuit with ResearchGate

"Lisa Janicke Hinchliffe, a librarian and professor of information science at the University of Illinois Urbana-Champaign, says the settlement agreement ‘signals that ResearchGate has completed its journey from disrupter to partner within the scholarly communications ecosystem’. She notes that Elsevier and ACS have been using ResearchGate’s content blocking technology since at least early 2022, which indicates that ‘a more collaborative relationship’ has been in development for some time."

Editors quit top neuroscience journal to protest against open-access charges; Nature, April 21, 2023

Katharine Sanderson, Nature; Editors quit top neuroscience journal to protest against open-access charges

"More than 40 editors have resigned from two leading neuroscience journals in protest against what the editors say are excessively high article-processing charges (APCs) set by the publisher. They say that the fees, which publishers use to cover publishing services and in some cases make money, are unethical. The publisher, Dutch company Elsevier, says that its fees provide researchers with publishing services that are above average quality for below average price. The editors plan to start a new journal hosted by the non-profit publisher MIT Press.

The decision to resign came about after many discussions among the editors, says Stephen Smith, a neuroscientist at the University of Oxford, UK, and editor-in-chief of one of the journals, NeuroImage. “Everyone agreed that the APC was unethical and unsustainable,” says Smith, who will lead the editorial team of the new journal, Imaging Neuroscience, when it launches.

The 42 academics who made up the editorial teams at NeuroImage and its companion journal NeuroImage: Reports announced their resignations on 17 April. The journals are open access and require authors to pay a fee for publishing services. The APC for NeuroImage is US$3,450; NeuroImage: Reports charges $900, which will double to $1,800 from 31 May. Elsevier, based in Amsterdam, says that the APCs cover the costs associated with publishing an article in an open-access journal, including editorial and peer-review services, copyediting, typesetting archiving, indexing, marketing and administrative costs. Andrew Davis, Elsevier’s vice-president of corporate communications, says that NeuroImage’s fee is less than that of the nearest comparable journal in its field, and that the publisher’s APCs are “set in line with our policy [of] providing above average quality for below average price”."

Is a Deal Between 44 Texas Colleges and Elsevier ‘Historic’?; Inside Higher Ed, December 9, 2022

 Susan D'Agostino, Inside Higher Ed; Is a Deal Between 44 Texas Colleges and Elsevier ‘Historic’?

"As pandemic-weary U.S. colleges face strained library budgets, many seek creative ways to lower costs and preserve access to scholarly content. That shared goal brought 44 colleges in Texas together to negotiate a deal with Elsevier, the behemoth publisher of over 2,500 scientific journals, including The Lancet and Cell.

The consortium—known as the Texas Library Coalition for United Action—announced last month that it had reached a deal with Elsevier that is expected to improve access to scholarship, afford researchers greater control over their work and save the member institutions millions. Some laud the agreement as historic. Others say it falls short of long-sought-after goals. If nothing else, the deal offers one example of how a collection of colleges is moving forward in a tense academic publishing ecosystem."

ResearchGate dealt a blow in copyright lawsuit; Nature, March 4, 2022

Diana Kwon, Nature; ResearchGate dealt a blow in copyright lawsuit

"A landmark court case in which two major academic publishers sued the popular website ResearchGate for hosting 50 of their copyrighted papers has come to a close — although both sides say that they will appeal. The court in Munich, Germany, has not only prohibited ResearchGate from hosting the papers, but also ruled that it is responsible for copyright-infringing content uploaded on its platform. The decision has the potential to set a precedent for further restrictions on the site, which has 20 million users worldwide."

Justice Department investigates Sci-Hub founder on suspicion of working for Russian intelligence; The Washington Post, December 19, 2019

Shane Harris and Devlin Barrett, The Washington Post; Justice Department investigates Sci-Hub founder on suspicion of working for Russian intelligence


"Elbakyan’s work has been the subject of legal and ethical controversy. In 2017, a New York district court awarded $15 million in damages to Elsevier, a leading science publisher, for copyright infringement by Sci-Hub and other sites...

Sci-Hub has made millions of documents available to users around the world, said Andrew Pitts, the managing director of PSI, an independent group based in England that advocates for legitimate access to scholarly content.

Pitts said there are 373 universities in 39 countries “that have suffered an intrusion from Sci-Hub,” which he defined as “using stolen credentials to illegally enter a university’s secure network.” More than 150 of the institutions are in the United States, Pitts said...

“She is the Kim Dotcom of scholarly publications,” said Joseph DeMarco, an attorney in New York who represented Elsevier in its lawsuit against Elbakyan. (Dotcom ran a famous file-sharing site that U.S. authorities said violated copyright law.)"

Elsevier signs first open-access deal in the United States; Science, November 25, 2019

Science News Staff, Science; Elsevier signs first open-access deal in the United States

"Publishing giant Elsevier has signed its first open-access deal with a U.S. institution, Carnegie Mellon University (CMU) in Pittsburgh, Pennsylvania, Inside Higher Ed reports. The arrangement, which CMU announced on 21 November, will allow CMU scholars to publish articles in any Elsevier journal on an immediately free-to-read basis. CMU researchers will also continue to have access to paywalled Elsevier articles, which previous contracts covered with subscription fees.

CMU did not disclose the cost of the arrangement, which has been a sticking point in Elsevier’s open-access negotiations with other research institutions. After the University of California system insisted on a price cut, Elsevier’s negotiations failed in February; in April, a research consortium in Norway cut a deal with Elsevier similar to CMU’s, while agreeing to a price hike. “All I can say is that we achieved the financial objectives we set out to achieve,” Keith Webster, dean of CMU’s university libraries and director of emerging and integrative media initiatives, tells Inside Higher Ed. 

CMU researchers only publish about 175 papers annually in Elsevier journals. That low volume gives Elsevier an opportunity to test the 4-year arrangement with relatively low financial risk."

Post-Elsevier breakup, new publishing agreement ‘a win for everyone’; University of Caifornia, April 11, 2019

Gretchen Kell, UC Berkeley, University of California; Post-Elsevier breakup, new publishing agreement ‘a win for everyone’

"Six weeks after ending negotiations with academic publishing giant Elsevier, the University of California announced April 10 that it’s entered into its first open access agreement with a major publisher — Cambridge University Press. The agreement maintains UC’s full access to all scholarly journal articles published by Cambridge University Press and also provides open access publishing in those journals to authors on all 10 UC campuses."

A price to be paid for open-access academic publishing; The Guardian, March 13, 2019

Letters, The Guardian; A price to be paid for open-access academic publishing

"The headlong rush towards further adoption of open-access models demands careful thought, says Prof Sarah Kember. Elsevier is a strong supporter of open access, says its vice-president of global policy, Gemma Hersh. The UK has moved further and faster than any other major research funding country, says Stephen Lotinga. It is difficult to find good (unpaid) reviewers for every article in scientific journals, says John Boardman"

The Guardian view on academic publishing: disastrous capitalism Editorial; March 4, 2019

The Guardian; The Guardian view on academic publishing: disastrous capitalism  

Editorial

"In California the state university system has been paying $11m (£8.3m) a year for access to Elsevier journals, but it has just announced that it won’t be renewing these subscriptions. In Britain and Europe the move towards open access publishing has been driven by funding bodies. In some ways it has been very successful. More than half of all British scientific research is now published under open access terms: either freely available from the moment of publication, or paywalled for a year or more so that the publishers can make a profit before being placed on general release.

Yet, somehow, the new system has not yet worked out any cheaper for the universities. Publishers have responded to the demand that they make their product free to readers by charging their writers fees to cover the costs of preparing an article. These range from around £500 to $5,000, and apparently the work gets more expensive the more that publishers do it. A report last year from Professor Adam Tickell pointed out that the costs both of subscriptions and of these “article preparation costs” has been steadily rising at a rate above inflation ever since the UK’s open access policy was adopted in 2012. In some ways the scientific publishing model resembles the economy of the social internet: labour is provided free in exchange for the hope of status, while huge profits are made by a few big firms who run the market places. In both cases, we need a rebalancing of power."
 

UC open access fight exposes publishing rip-off: Charging exorbitant fees for journal articles isn’t in the best interests of scientific research, Mercury News, March 6, 2019

MERCURY NEWS & EAST BAY TIMES EDITORIAL BOARDS; Editorial: UC open access fight exposes publishing rip-off

Charging exorbitant fees for journal articles isn’t in the best interests of scientific research

"The scholarly research publishing industry is a rip-off that hinders scientific advances and piles unnecessary costs onto taxpayers who already fund much of the academic work.

It’s ridiculous that, in this age of the internet, researchers are paying huge fees for access to academic papers and for publication of their own work. That made sense in the days when scholarly works were printed in bound volumes. Today, academic work, especially public- and foundation-funded research, should be open for all. It shouldn’t cost $35 to $40 for each article, effectively freezing out those without the means to pay...

The University of California’s mission statement reads: “The distinctive mission of the university is to serve society as a center of higher learning, providing long-term societal benefits through transmitting advanced knowledge, discovering new knowledge, and functioning as an active working repository of organized knowledge.”

UC’s commitment to open access helps fulfill that goal and advances scientific enterprise for the benefit of all."

University of California boycotts publishing giant Elsevier over journal costs and open access; Science, February 28, 2019

Alex Fox, Jeffrey Brainard, Science; University of California boycotts publishing giant Elsevier over journal costs and open access

"The mammoth University of California (UC) system announced today it will stop paying to subscribe to journals published by Elsevier, the world’s largest scientific publisher, headquartered in Amsterdam. Talks to renew a collective contract broke down, the university said, because Elsevier refused to strike a package deal that would provide a break on subscription fees and make all articles published by UC authors immediately free for readers worldwide.

The stand by UC, which followed 8 months of negotiations, could have significant impacts on scientific communication and the direction of the so-called open-access movement, in the United States and beyond. The 10-campus system accounts for nearly 10% of all U.S. publishing output and is among the first U.S. institutions, and by far the largest, to boycott Elsevier over costs. Many administrators and librarians at U.S. universities and elsewhere have complained about what they view as excessively high journal subscription fees charged by commercial publishers."

Who Gets to Read the Research We Pay For?; Slate, August 21, 2018

Aaron Mak, Slate; Who Gets to Read the Research We Pay For?: Scientific journals’ lock on new studies has ignited tension for years. When it comes to access for people with rare diseases, it becomes an ethical issue too.

"This does not sit well with academics and other members of the research community, who often publicly complain about the company’s profit margins, its allegedly restrictive copyrights, and the fact that much of the research it sells access to is taxpayer-funded. This public outrage seems to have gotten under the skin of William Gunn, Elsevier’s director of scholarly communications. When one user argued that people in rare-disease families “shouldn’t have to jump through additional hoops to access information,” Gunn responded, “Yes, everyone should have rainbows, unicorns, & puppies delivered to their doorstep by volunteers. Y’all keep wishing for that, I’ll keep working on producing the best knowledge and distributing it as best we can.”

This is just one reckless tweet in the heat of a Twitter spat (though it’s worth bearing Gunn’s job title in mind), and, sure, he later apologized. But the issue of rare-disease families trying to avoid the high fees associated with accessing research on potential treatments goes beyond this Twitter spat: It’s a real problem that has not been adequately fixed by the company."

Europe’s open-access drive escalates as university stand-offs spread; Nature, May 17, 2018

Holly Else, Nature; Europe’s open-access drive escalates as university stand-offs spread

"Bold efforts to push academic publishing towards an open-access model are gaining steam. Negotiators from libraries and university consortia across Europe are sharing tactics on how to broker new kinds of contracts that could see more articles appear outside paywalls. And inspired by the results of a stand-off in Germany, they increasingly declare that if they don’t like what publishers offer, they will refuse to pay for journal access at all. On 16 May, a Swedish consortium became the latest to say that it wouldn’t renew its contract, with publishing giant Elsevier.

Under the new contracts, termed ‘read and publish’ deals, libraries still pay subscriptions for access to paywalled articles, but their researchers can also publish under open-access terms so that anyone can read their work for free.

Advocates say such agreements could accelerate the progress of the open-access movement. Despite decades of campaigning for research papers to be published openly — on the grounds that the fruits of publicly funded research should be available for all to read — scholarly publishing’s dominant business model remains to publish articles behind paywalls and collect subscriptions from libraries (see 'Growth of open access'). But if many large library consortia strike read-and-publish deals, the proportion of open-access articles could surge."

Major German Universities Cancel Elsevier Contracts; The Scientist, July 17, 2017

Diana Kwon, The Scientist; Major German Universities Cancel Elsevier Contracts

"In Germany, the fight for open access and favorable pricing for journals is getting heated. At the end of last month (June 30), four major academic institutions in Berlin announced that they would not renew their subscriptions with the Dutch publishing giant Elsevier once they end this December. Then on July 7, nine universities in Baden-Württemberg, another large German state, also declared their intention to cancel their contracts with the publisher at the end of 2017.

These institutions join around 60 others across the country that allowed their contracts to expire last year.

The decision to cancel subscriptions was made in order to put pressure on Elsevier during ongoing negotiations. “Nobody wants Elsevier to starve—they should be paid fairly for their good service,” says Ursula Flitner, the head of the medical library at Charité–Berlin University of Medicine. “The problem is, we no longer see what their good service is.”

Charité–Berlin University of Medicine is joined by Humboldt University of Berlin, Free University of Berlin, and Technical University of Berlin in letting its Elsevier subscriptions lapse.

“The general issue is that large parts of the research done is publicly funded, the type setting and quality control [peer review] is done by people who are paid by the public, [and] the purchase of the journals is also paid by the public,” says Christian Thomsen, the president of the Technical University of Berlin. “So it’s a bit too much payment.”

Project DEAL, an alliance of German institutions led by the Hochschulrektorenkonferenz (German Rectors’ Conference), has been working to establish a new nationwide licensing agreement with three major scientific publishers, Elsevier, Springer Nature, and Wiley, since 2016."

Is the staggeringly profitable business of scientific publishing bad for science?; Guardian, June 27, 2017

Stephen Buranyi, Guardian; Is the staggeringly profitable business of scientific publishing bad for science?

"The idea that scientific research should be freely available for anyone to use is a sharp departure, even a threat, to the current system – which relies on publishers’ ability to restrict access to the scientific literature in order to maintain its immense profitability. In recent years, the most radical opposition to the status quo has coalesced around a controversial website called Sci-Hub – a sort of Napster for science that allows anyone to download scientific papers for free. Its creator, Alexandra Elbakyan, a Kazhakstani, is in hiding, facing charges of hacking and copyright infringement in the US. Elsevier recently obtained a $15m injunction (the maximum allowable amount) against her.

Elbakyan is an unabashed utopian. “Science should belong to scientists and not the publishers,” she told me in an email. In a letter to the court, she cited Article 27 of the UN’s Universal Declaration of Human Rights, asserting the right “to share in scientific advancement and its benefits”.

Whatever the fate of Sci-Hub, it seems that frustration with the current system is growing. But history shows that betting against science publishers is a risky move. After all, back in 1988, Maxwell predicted that in the future there would only be a handful of immensely powerful publishing companies left, and that they would ply their trade in an electronic age with no printing costs, leading to almost “pure profit”. That sounds a lot like the world we live in now."

Elsevier Wins $15 Million in Copyright Suit Against Piracy Sites; Chronicle of Higher Education, June 22, 2017

Clara Turnage, Chronicle of Higher Education; Elsevier Wins $15 Million in Copyright Suit Against Piracy Sites

"A federal court has ruled in favor of one of the world’s largest science publishers in its lawsuit against websites that provide free, pirated access to millions of scholarly-journal articles, Nature.com reported on Thursday.

In a judgment handed down this week, Judge Robert W. Sweet of the U.S. District Court in New York City ruled for the company, Elsevier, in the absence of any representatives of the defendants, which include Sci-Hub, LibGen, and related sites, and awarded the publisher $15 million in damages for copyright infringement."

Open Access Rewards Passionate Curiosity: 2016 in Review; Electronic Frontier Foundation (EFF), 12/24/16

Elliot Harmon, Electronic Frontier Foundation (EFF); 

Open Access Rewards Passionate Curiosity: 2016 in Review:

"In February 2016, a team of scientists published one of the most important pieces of scientific research so far this century. For the first time, researchers had directly observed gravitational waves, ripples in the fabric of spacetime whose discovery Albert Einstein first predicted a century ago. The team effectively placed the last piece in the puzzle confirming Einstein’s Theory of General Relativity—in doing so, they took a giant leap forward in humans’ understanding of how the universe works.

Something else was confirmed that day, too: open access publishing is no inferior sibling to closed publishing. The paper—Observational Waves from a Binary Black Hole Merger (PDF)—was published in an open access journal under a Creative Commons license that ensures anyone can copy, adapt, and reuse it as long as they give the authors credit.

Put simply, open access is the practice of making research and other materials freely available online, ideally under licenses that allow anyone to share and adapt them. For years, open access publishing has been at the center of a struggle over the future of research: will cutting-edge scholarship be published in the open for anyone to see, use, and build upon? Or will it stay trapped in a labyrinth of closed publications only to be read by those who can afford expensive journal subscriptions and academic databases?

In many ways, 2015 was academic publishing’s Napster moment. As publishing giant Elsevier fought to keep Sci-Hub off the Internet, it accomplished just the opposite. While the legal battle between Elsevier and Sci-Hub has trudged through 2016, more people than ever have begun using the unauthorized academic research repository.

Maybe 2016 was the year publishers realized they had to change course. Elsevier agreed to compromise with the Dutch academic community, allowing researchers covered by the publisher’s blanket agreement with Dutch universities to publish their research openly. That’s a small step, but an indicator that Elsevier recognizes the significance of the demand for open access."

No Deal: German Universities Prepare For Cut-Off From Elsevier Journals; Intellectual Property Watch, 12/16/16

Intellectual Property Watch; No Deal: German Universities Prepare For Cut-Off From Elsevier Journals:

"After licensing negotiations between German university libraries and Elsevier failed at the beginning of the month, over 60 university libraries in Germany are preparing to be cut off from hundreds of journals of the British publisher, after a standoff over pricing and access.

The university libraries organised in the DEAL initiative rejected an offer made by Elsevier earlier this month for a first nationwide licence, because of an aggressive pricing and flaws in the access models...

With the stop of the negotiations access to future journal editions be cut off on 1 January, when current licenses are expiring. But there will also be no access to archived editions of journals licensed under “individual e-packages for the economic sciences in particular,” according to the message."

Elsevier’s New Patent for Online Peer Review Throws a Scare Into Open-Source Advocates; Chronicle of Higher Education, 9/1/16

Goldie Blumenstyk, Chronicle of Higher Education; Elsevier’s New Patent for Online Peer Review Throws a Scare Into Open-Source Advocates:

"Patents on software can be controversial. And often, so is the company Elsevier, the giant journal publisher. So when word hit the internet starting on Tuesday night that Elsevier had just been awarded a patent for an "online peer-review system and method," reaction from people aligned with the publishing and open-source worlds came swiftly on Twitter and in other online venues, much of it reflecting suspicion about the company’s motives...

The concern revolves around the patent Elsevier received for its five-year-old "article-transfer service," a propriety online system the company uses to manage journal-article submissions and the ensuing peer reviews."

Researcher illegally shares millions of science papers free online to spread knowledge; Science Alert, 2/12/16

Fiona MacDonald, Science Alert; Researcher illegally shares millions of science papers free online to spread knowledge:

"A researcher in Russia has made more than 48 million journal articles - almost every single peer-reviewed paper every published - freely available online. And she's now refusing to shut the site down, despite a court injunction and a lawsuit from Elsevier, one of the world's biggest publishers.

For those of you who aren't already using it, the site in question is Sci-Hub, and it's sort of like a Pirate Bay of the science world. It was established in 2011 by neuroscientist Alexandra Elbakyan, who was frustrated that she couldn't afford to access the articles needed for her research, and it's since gone viral, with hundreds of thousands of papers being downloaded daily. But at the end of last year, the site was ordered to be taken down by a New York district court - a ruling that Elbakyan has decided to fight, triggering a debate over who really owns science."