Charles W. Bailey, Jr. – Page 651

Inhofe Withdraws Amendments, NIH Open Access Mandate Passes Senate

Peter Suber reports that Sen. James Inhofe withdrew his amendments to the FY 2008 Labor, Health and Human Services and Education Appropriations bill that would have deleted or weakened the NIH open access mandate, and that the bill has passed the Senate with the mandate intact.

The House and Senate bills will be reconciled in the fall, and President Bush should receive the final bill by year's end. It is anticipated that President Bush will veto the bill; however, the mandate's strong showing during Congressional deliberations should help ensure its future passage in post-veto legislation.

Here's an excerpt from "Defying President Bush, Senate Passes Spending Bill for Health and Education Programs" (subscription required for full access):

The president has threatened to veto the measure over what he has called "irresponsible and excessive" spending. It would take a two-thirds majority in both the Senate and the House of Representatives to override a veto. The Senate, which approved the bill 75 to 19, apparently could muster that margin, but the House might not. It passed its version of the bill in July by a vote of 276 to 140, 14 votes shy of the two-thirds mark.

The Alliance for Taxpayer Access has issued a press release about the legislative victory.

Read more about it at "More on Inhofe" and "OA Mandate at NIH Passes the Senate."

A Study of Curation and Preservation Issues in the eCrystals Data Repository and Proposed Federation

JISC's eBank UK project, which is now in phase three, has released A Study of Curation and Preservation Issues in the eCrystals Data Repository and Proposed Federation, which addresses key issues related to the establishment of the eCrystals Federation.

Here's an excerpt from "eBank Phase 3: Transitioning to the eCrystals Federation" that explains the overall project:

This project will progress the establishment of a global Federation of data repositories for crystallography by performing a scoping study into the feasibility of constructing a network of data repositories: the eCrystals Federation. The Federation approach is presented as an innovative domain model to promote Open Access to data more widely and to facilitate take-up.

It builds on the work of the eBank project, and has links to Repository for the Laboratory (R4L), SPECTRa and SMART Tea projects in chemistry. The Federation will contribute to the development of a digital repository e-infrastructure for research and will inform the Repository Support Project. . . .

In Phase 3, partners will assess organisational issues and promote advocacy, examine interoperability associated with research workflow and data deposit, harmonise the metadata application profiles from repositories operating on different platforms (EPrints, DSpace & ReciprocalNet), investigate aggregation issues arising from harvesting metadata from repositories situated within the information environments developed in other countries (EU, USA & Australia) and scope the issues of the Federation of institutional archives interoperating with an international subject archive (IUCr).

Four National Libraries Agree to Coordinate RDA Implementation

The Library of Congress, the British Library, Library and Archives Canada, and the National Library of Australia have agreed to coordinate their implementation of RDA: Resource Description and Access.

Here's an excerpt from the press release:

These national libraries, together with representatives from professional library associations in Canada, the United Kingdom and the United States, are members of the Committee of Principals which oversees the work of the Joint Steering Committee for Development of RDA, which is responsible for developing RDA. . . .

RDA addresses the needs of the future by providing a flexible framework for describing all types of resources of interest to libraries. RDA guidelines will be easy and efficient to use, as well as compatible with internationally established principles, models and standards. In addition, RDA will maintain continuity with the past, as data created using RDA will be compatible with existing records in online library catalogs.

The libraries plan to implement RDA by the end of 2009. To ensure a smooth transition to RDA, the four national libraries will work together where possible on implementation matters such as training, documentation and any national application decisions. Regular updates will be issued by the group to keep the library communities in their countries informed on RDA implementation progress and policy decisions.

Canadian Public Domain Music Score Site Forced to Remove All Scores

The International Music Score Library Project, which offered music scores that were in the public domain in Canada, has been forced to remove all scores because it can not afford to comply with the terms of a second cease and desist letter from Universal Edition. The publisher's letter indicated that some scores were still under copyright in Europe, where the term of protection is 20 years longer than in Canada, and that some unidentified works were still under Canadian copyright.

The IMSLP Website remains, but it now consists only of a lengthy open letter and discussion forums.

Michael Geist, Canada Research Chair of Internet and E-commerce Law at the University of Ottawa, commented in a posting on the case:

In this particular case, UE demanded that the site use IP addresses to filter out non-Canadian users, arguing that failing to do so infringes both European and Canadian copyright law. It is hard to see how this is true given that the Supreme Court of Canada has ruled that sites such as IMSLP are entitled to presume that they are being used in a lawful manner and therefore would not rise to the level of authorizing infringement. The site was operating lawfully in Canada and there is no positive obligation in the law to block out non-Canadians.

As for a European infringement, if UE is correct, then the public domain becomes an offline concept, since posting works online would immediately result in the longest single copyright term applying on a global basis. That can't possibly be right. Canada has chosen a copyright term that complies with its international obligations and attempts to import longer terms – as is the case here – should not only be rejected but treated as copyright misuse.

Brewster Kahle on Libraries Going Open

Brewster Kahle's "Libraries Going Open" document provides some details on where the Internet Archive and the Open Content Alliance are going with projects involving mass digitization of microfilm, mass digitization of journals, ILL of scanned out-of-print books, scanning books on demand, and other areas.

Text of the Inhofe Amendments That Affect the NIH Open Access Mandate

Below is the text of Sen. James Inhofe's amendments to the FY 2008 Labor, Health and Human Services and Education Appropriations bill that affect the NIH open access mandate (thanks to Heather Joseph at SPARC).

Amendment 3416:

To strike provision to maintain the NIH voluntary research public access policy

Beginning on page 76 strike line 24 and all that follows through line 7 on page 77.

Amendment 3417:

To modify provisions to maintain the NIH voluntary research public access policy

On page 77 line 7 insert before the period the following:

'and in addition only where allowed by and in accordance with the policies of the publishers who have conducted the peer review and accepted the manuscripts for publication'

Here's the affected section of the bill:

Page 76

24 SEC. 221. The Director of the National Institutes of
25 Health shall require that all investigators funded by the

Page 77

1 NIH submit or have submitted for them to the National
2 Library of Medicine’s PubMed Central an electronic
3 version of their final, peer-reviewed manuscripts upon ac-
ceptance for publication to be made publicly available no
5 later than 12 months after the official date of publication:
6 Provided, That the NIH shall implement the public access
7 policy in a manner consistent with copyright law.

ALA Says Contact Senate Before Noon Tomorrow to Support NIH Open Access Mandate

The American Library Association is strongly recommending that U.S. citizens who want to support the NIH open access mandate by voicing their opposition to the amendments (#3416 and #3417) to the FY 2008 Labor, Health and Human Services and Education Appropriations bill proposed by Sen. James Inhofe (R-OK) do so by noon on Monday, October 22nd.

Here's the latest action alert from ALA: "Fight Continues for Public Access to NIH Medical Information—Urge Your Senators to Support NIH Public Access Policy (and Oppose Inhofe Amendments)"

You can use a cut-and-paste version of the Alliance for Taxpayer Access text about the amendments to simplify the process of sending the e-mail via the ALA Web form, but personalizing this text with an added sentence or two is recommended.

NIH Mandate May Be Deleted or Weakened: Urgent Need to Contact the Senate

Peter Suber reports that the NIH open access mandate may be deleted or weakened by last-minute amendments to the FY 2008 Labor, Health and Human Services and Education Appropriations bill (see his posting reproduced in full below).

You can easily contact your senators using the ALA Action Alert Web form with my cut-and-paste version of the below ATA text or you can use the same form to write your own text.

Urgent action need to support the NIH bill

The provision to mandate OA at the NIH is in trouble. Late Friday, just before the filing deadline, a Senator acting on behalf of the publishing lobby filed two harmful amendments, one to delete the provision and one to weaken it significantly. We thought we'd done everything and only had to wait for the Senate vote. But now we have to mobilize once more, and fast, to squash these amendments. Here an announcement from the Alliance for Taxpayer Access:

URGENT CALL TO ACTION: Tell your Senator to OPPOSE amendments that strike or change the NIH public access provision in the FY08 Labor/HHS appropriations bill

The Senate is currently considering the FY08 Labor-HHS Bill, which includes a provision (already approved by the House of Representatives and the full Senate Appropriations Committee), that directs the NIH to change its Public Access Policy so that participation is required (rather than requested) for researchers, and ensures free, timely public access to articles resulting from NIH-funded research. On Friday, Senator Inhofe (R-OK), filed two amendments (#3416 and #3417), which call for the language to either be stricken from the bill, or modified in a way that would gravely limit the policy’s effectiveness.

Amendment #3416 would eliminate the provision altogether. Amendment #3417 is likely to be presented to your Senator as a compromise that “balances” the needs of the public and of publishers. In reality, the current language in the NIH public access provision accomplishes that goal. Passage of either amendment would seriously undermine access to this important public resource, and damage the community’s ability to advance scientific research and discovery.

Please contact your Senators TODAY and urge them to vote “NO” on amendments #3416 and #3417. (Contact must be made before close of business on Monday, October 22). A sample email is provided for your use below. Feel free to personalize it, explaining why public access is important to you and your institution. Contact information and a tool to email your Senator are online [here]. No time to write? Call the U.S. Capitol switchboard at (202) 224-3121 to be patched through to your Senate office.

If you have written in support before, or when you do so today, please inform the Alliance for Taxpayer Access. Contact Jennifer McLennan through jennifer@arl.org or by fax at (202) 872-0884.

Thanks for your continued efforts to support public access at the National Institutes of Health.

—–

SAMPLE EMAIL

Dear Senator:

On behalf of [your organization], I strongly urge you to OPPOSE proposed Amendments #3416 and #3417 to the FY 2008 Labor, Health and Human Services and Education Appropriations bill (S.1710). These amendments would seriously impede public access to taxpayer-funded biomedical research, stifling critical advancements in lifesaving research and scientific discovery. The current bill language was carefully crafted to balance the needs of ALL stakeholders, and to ensure that the American public is able to fully realize our collective investment in science.

To ensure public access to medical research findings, language was included in the in the FY 2008 Labor, Health and Human Services, and Education Appropriations Bill directing the NIH to make a much-needed improvement to its Public Access Policy — requiring that NIH-funded researchers deposit their manuscripts in the National Library of Medicine’s online database to be made publicly available within one year of publication in a peer-reviewed journal. This change is supported by NIH Director Elias Zerhouni, and a broad coalition of educational institutions, scientific researchers, healthcare practitioners, publishers, patient groups, libraries, and student groups — representing millions of taxpayers seeking to advance medical research.

Amendment #3416 would eliminate this important provision, leaving only a severely weakened, voluntary NIH policy in place. Under the voluntary policy (in place for more than two years) less than 5% of individual researchers have participated — rendering the policy ineffective. The language in Amendment #3417 would place even further restrictions on the policy, ensuring that taxpayers – including doctors and scientists – are unable to take full advantage of this important public resource.

Supporting the current language in the FY08 LHHS Appropriations Bill is the best way to ensure that taxpayers’ investment in NIH-funded research is used as effectively as possible. Taxpayer-funded NIH research belongs to the American public. They have paid for it, and it is for their benefit.

I urge you to join the millions of scientists, researchers, libraries, universities, and patient and consumer advocacy groups in supporting the current language in the FY08 LHHS Appropriations bill and require NIH grantees to deposit in PubMed Central final peer-reviewed manuscripts no later than 12 months following publication in a peer-reviewed journal. Vote NO on Amendments #3416 and #3417.

Comment. The ATA is not exaggerating. This is urgent. If you're a US citizen, please contact your Senators and spread the word. Note the short deadline. Your Senators must hear from you before the end of business on Monday, October 22: two days from now.

RUBRIC Toolkit: Institutional Repository Solutions Released

The RUBRIC Project has released the RUBRIC Toolkit: Institutional Repository Solutions.

Here's an excerpt from RUBRIC Toolkit: About the RUBRIC Project and the Toolkit page:

The RUBRIC Toolkit is a legacy of the RUBRIC Project, reflecting the discussions, investigation, phases, processes, issues and experiences surrounding the implementation of an Institutional Repository (IR). The sections are based on the collaborative experience of the eight Australian and New Zealand Universities involved in the project.

The content for the RUBRIC Toolkit developed organically and collaboratively in the project wiki over an extended period of time. It was then refined and developed. Project members have populated the Toolkit with useful resources and tools that can be used by other Project Managers and Institutions implementing an IR.

The RUBRIC Toolkit was released in October 2007 and will continue to be updated until the end of the RUBRIC Project in December 2007. As such the Toolkit captures the "best" of available advice, experience and outcomes available for IR development in 2007 and provides links to further reading wherever possible.

Public.Resource.Org Offers US Copyright Records via RSS

Public.resource.org now offers copyright registration records from the United States Copyright Office's Catalog of Registrations via two RSS feeds.

Major Internet and Media Companies Sign Off on Agreement about Third-Party Copyrighted Materials in User-Generated Content

Major Internet and media companies, including CBS, Dailymotion, Fox, Microsoft, NBC Universal, Viacom, and Walt Disney, have agreed to abide by a new set of principles (User Generated Content Principles) for detecting and regulating the use of third-party copyrighted materials in user-generated content.

Here's an excerpt from the press release:

The principles, which are attached and available in full at www.ugcprinciples.com, call for a broad range of constructive and cooperative efforts by copyright owners and UGC services. They include:

Implementation of state of the art filtering technology with the goal to eliminate infringing content on UGC services, including blocking infringing uploads before they are made available to the public;

Upgrading technology when commercially reasonable;

Cooperating to ensure that the technology is implemented in a manner that effectively balances legitimate interests, including fair use;

Cooperation in developing procedures for promptly addressing claims that content was blocked in error;

Regularly using the technology to remove infringing content that was uploaded before the technology could block it;

Identification and removal of links to sites that are clearly dedicated to, and predominantly used for, the dissemination of infringing content; and,

Promotion of content-rich, infringement-free services by continuing to cooperatively test new technologies and by collaboratively updating these principles as appropriate to keep current with evolving developments.

Free Flow of Information Act Passes House, but Limits Blogger Protection

The Free Flow of Information Act of 2007 has passed the House, shielding most journalists and some bloggers who do not want to reveal confidential background story information during federal investigations. At the last minute, the bill was amended so that bloggers and reporters must derive "a substantial portion of the person's livelihood or for substantial financial gain" from their work.

Public Domain Works Partners with the Open Library

Public Domain Works has announced that it will partner with the Open Library, sharing its data about works that are in public domain. Public Domain Works supports the Public Domain Works DB, which is now in beta form.

Here's an excerpt from the announcement:

The plan looks to be to upload the Public Domain Works data to the Open Library, and to use read/write APIs to continue to develop different front-ends for different jurisdictions—each with its own algorithms to determine which works are in the public domain.

Happy Birthday to PLoS Biology

PLoS Biology turned four on October 13th. Read more about it "Oops We Missed Our Own Birthday."

Over 250 Digital Libraries and Archives Briefly Profiled

OEDb has published an annotated list of over 250 digital libraries and archives with brief annotations and links.

The RIAA Sues Usenet.Com

The RIAA has sued Usenet.Com, a Usenet service provider. Usenet.Com offers SSH access with its Secure-Tunnel option from SecureTunnel.com, and indicates that it does not log user activity.

There are a wide variety of Usenet service providers, including universities and colleges.

Here's an excerpt from Usenet.Com's Mp3 Newsgroups Page:

Today’s hottest way of sharing MP3 files over the Internet is Usenet; forget about all the peer-to-peer software applications, which quickly become outdated. . . . MP3 Newsgroups are the ultimate way of sharing as they are well organized and allow the users to find what they are looking for quickly and effortlessly.

Digital Archive for Architecture: CDWA for DSpace

The Art Institute of Chicago has developed the Digital Archive for Architecture (DAArch) to support the use of the Categories for the Description of Works of Art (CDWA) metadata schema in DSpace. The software runs under BSD/UNIX/Linux; is written in Java, JSP, PHP; utilizes PostgreSQL, and is under a BSD License.

Wikimedia Commons Hits Two Million File Mark

The Wikimedia Commons, which started in September 2004, now contains over two million media files, and it is adding files at a rate of over 100,000 files per month. Works in Wikimedia Commons the are in the public domain or under a Creative Commons license (Attribution or Attribution-Share Alike) or a GNU Free Documentation License.

The Jammie Thomas Appeal and More Follow-up

Jammie Thomas has filed a notice of appeal to the Capitol Records v. Jammie Thomas verdict based on the premise that the statutory damages awarded were excessively large and constitute punitive damages. Thomas would like to have a new trial or to have the damages to be adjusted to $151.20 from $222,000.

Here's an excerpt from the motion reported in "Appeal in RIAA Case to Focus on 'Unconstitutionally Excessive' Punishment":

"In the instant matter, defendant Thomas urges the Court to consider the statutory damages to be tantamount to an award of punitive damages, since it is based not upon plaintiffs' losses, but rather defendant's conduct," concludes the motion. "Whether the Court recognizes actual damages of zero dollars, $20 or whatever figure plaintiffs suggest is a fair measure of their actual damages for the 24 subject recordings, the ratio of actual damages to the award is not only astronomical, it is offensive to our Constitution and offensive generally."

Further coverage of the motion is available in "RIAA Says Thomas Shirking $222,000 Payoff" and "RIAA's $222,000 Defendant Asks for a New Trial."

Here's further commentary on the verdict:

Co-Action Publishing News: One Journal Converts to OA and a New OA Journal Is Launched

Co-Action Publishing has announced that, starting in January 2008, the Swedish Nutrition Foundation's Scandinavian Journal of Food & Nutrition will become an open access journal and be renamed Food & Nutrition Research. Co-Action Publishing also announced the launch in the first quarter of 2008 of a new open access journal, Ethics & Global Politics. Both journals will be under Creative Commons licenses.

Muradora 1.0, a Fedora Front-End, Released

DRAMA (Digital Repository Authorization Middleware Architecture) has released Muradora 1.0, a Fedora front-end that provides identity control (via Shibboleth), authorization (via XACML), and other functions. DRAMA is a sub-project of RAMP (Research Activityflow and Middleware Priorities Project). A Live DVD image simplifies installation.

Here’s an excerpt from the fedora-commons-users posting:

"Out-of-the-box" or customized deployment options

Intuitive access control editor allows end-users to specify their own access control criteria without editing any XML.

Hierarchical enforcement of access control policies. Access control can be set at the collection level, object level or datastream level.

Metadata input and validation for any well-formed metadata schema using XForms (a W3C standard). New metadata schemas can be supported via XForms scripts (no Muradora code modification required).

Flexible and extensible architecture based on the well known Java Spring enterprise framework.

Multiple deployments of Muradora (each customized for their own specific purpose) can talk to the one instance of Fedora.

Freely available as open source software (Apache 2 license). All dependent software is also open source.

German Publishers Just Say No to Google Book Search: Libreka Launched at Frankfurt Book Fair

German publishers who want to retain control of their content have a new alternative to Google Book Search: Libreka, a full-text search engine that initially has about 8,000 books from publishers who opted-in for inclusion. Searchers retrieve book titles and cover images, but no content.

Source: "German Publishers Offer Alternative to Google Books." Deutsche Welle, 11 October 2007.

HNM is also celebrating its IMLS funding for Omeka, a next-generation web-publishing platform for smaller history museums, historical societies, and historic sites. From the Swahili word meaning “to display” or “to lay out for discussion,” Omeka is designed for these groups that they may not have the adequate resources or expertise necessary to create and maintain their own online tools. The free, open-source tool will allow many more museums to mount well-designed, professional-looking, and content-rich web sites without adding to their constrained budgets. It will also provide a standards-based interoperable system to share and use digital content in multiple contexts so that museums can design online exhibitions more efficiently. Beginning in October 2007, CHNM will plan, design, test, evaluate, and disseminate Omeka over four phases while working closely with our major partner, the Minnesota Historical Society (MHS). MHS represents a wide museum network and a broad range of history and heritage institutions of different sizes, audiences, and subject area interests. In addition, we will make Omeka available to other small museums through conference presentations, direct mailings, and the CHNM website.

Author: Charles W. Bailey, Jr.