The Supreme Court has declined to consider reinterpreting foundational internet law Section 230, saying it wasn’t necessary for deciding the terrorism-related case Gonzalez v. Google. The ruling came alongside a separate but related ruling in Twitter v. Taamneh, where the court concluded that Twitter had not aided and abetted terrorism.
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Spain has approved a four-year national strategy for open science, under which all outputs of publicly financed research will made available free upon publication.
Under the strategy open access will become the default mode for all research funded directly or indirectly, with public funds. . . .
A budget of €23.8 million in 2023 will be maintained annually until 2027.
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It is currently awaiting Governor Bill Lee’s approval to become law. Under this bill, violations would be considered a Class E felony, and publishers or distributers could be fined between $10,000 and $100,000.
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The US commerce department on Tuesday announced it is officially requesting public comment on how to create accountability measures for AI, seeking help on how to advise US policymakers to approach the technology….
The National Institute of Standards and Technology has also published an AI risk management framework, voluntary guardrails that companies can use to attempt to limit the risk of harm to the public.
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SPARC, a non-profit advocacy organization working to make education and research open and equitable, today applauded the reintroduction of the Affordable College Textbook Act in the U.S. Congress. The bill would address a key but often overlooked factor in the cost of higher education—the cost of textbooks—by establishing a grant program for the creation and use of free, openly licensed textbooks, while also strengthening federal price disclosure requirements for textbook publishers and institutions. If passed, the program would build on the success of the Open Textbook Pilot which is already projected to save students an estimated $250 million since its creation in 2018.
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In a release this week, an alliance of author, publisher, and copyright industry advocacy groups launched Protect the Creative Economy Coalition, a coalition designed to combat a growing number of new library e-book bills surfacing in state legislatures in the opening weeks of 2023. . . .The initial members of the Protect the Creative Economy Coalition include the American Booksellers Association, Authors Guild, Association of American Publishers, National Music Publishers Association, News Media Alliance, and the Independent Book Publishers Association, as well as the Copyright Alliance.
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As the largest public funder of biomedical research in the world, the National Institutes of Health’s (NIH) new Data Management and Sharing (DMS) Policy is a large step toward shifting the culture of medical research toward a broader sharing of scientific data. . . . This article will serve as a primer on open data, data sharing, the NIH’s DMS Policy and its implications, and how librarians can support researchers in this landscape.
https://doi.org/10.1080/02763869.2023.2168103
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Federal funding agencies in the United States (U.S.) continue to work towards implementing their plans to increase public access to funded research and comply with the 2013 Office of Science and Technology memo Increasing Access to the Results of Federally Funded Scientific Research. In this article we report on an analysis of research data sharing policy documents from 17 U.S. federal funding agencies as of February 2021. Our analysis is guided by two questions: 1.) What do the findings suggest about the current state of and trends in U.S. federal funding agency data sharing requirements? 2.) In what ways are universities, institutions, associations, and researchers affected by and responding to these policies? Over the past five years, policy updates were common among these agencies and several themes have been thoroughly developed in that time; however, uncertainty remains around how funded researchers are expected to satisfy these policy requirements.
http://www.ijdc.net/article/view/791
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But FOSS is in the most danger. The underlying assumption of the regulation is that cybersecurity exists in the digital market like fire resistance does in that for soft furnishings. Putting regulatory cost burdens on a part of the market with no revenue and no gatekeeping on its distribution channels cannot work; there are no prices to increase to absorb compliance costs and no tap to turn off to keep the stuff off the market.
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But another big issue is at stake that has received much less attention: depending on the outcome of the case, individual users of sites may suddenly be liable for run-of-the-mill content moderation. Many sites rely on users for community moderation to edit, shape, remove, and promote other users’ content online—think Reddit’s upvote, or changes to a Wikipedia page. What might happen if those users were forced to take on legal risk every time they made a content decision? . . . .
"Without Section 230, Wikipedia could not exist," says Jacob Rogers, associate general counsel at the Wikimedia Foundation.
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Canadian institutions are preparing for a research data management policy developed by three major federal granting agencies to go into effect this March. The policy of the Tri-Agency Council, comprising the Canadian Institutes of Health Research (CIHR), the Natural Sciences and Engineering Research Council of Canada (NSERC), and the Social Sciences and Humanities Research Council of Canada (SSHRC), asserts that "research data collected through the use of public funds should be responsibly and securely managed and be, where ethical, legal and commercial obligations allow, available for reuse by others."
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This report illustrates and analyses the results of the research activities conducted in the framework of reCreating Europe’s Task 2.1. From January 2020 to June 2022, the task performed an unprecedented, two-layer, comparative, EU and cross-national mapping and assessment of sources impacting on copyright flexibilities and access to culture, focusing on (a) statutes, court decisions, governmental policies, practices and schemes in the field of copyright law, DSM, and broader cultural policies, and (b) private ordering sources, such as standardized license agreements (EULAs) and terms of use from online platforms, selected to represent a wide array of cultural and creative goods and services.
https://dx.doi.org/10.2139/ssrn.4325376
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Funding-agency policies mandating that scientific papers and data are made publicly available have helped to drive the adoption of preprints, open-access publishing and data repositories. But agencies often struggle to measure how closely grant recipients comply with the funding policies. Awardees, and the institutes that employ them, can struggle to ensure they are following the rules. Now, digital tools are cropping up to help both sides of the funding equation stick to the regulations.
https://doi.org/10.1038/d41586-023-00175-1
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CCB proceedings may also pose a threat to freedom of expression for scholars and others who build on original works. There is, of course, the danger that the resolution of CCB infringement claims could result in required payment or an agreement to cease certain activity. Yet if a claimant files a takedown notice under the Digital Millennium Copyright Act (DMCA) in addition to a CCB claim, the allegedly infringing work could remain off-line as long as it sits on the CCB docket awaiting resolution. This potential timescale is in contrast to the current DMCA notice-and-takedown regime, which requires an internet platform to repost an allegedly infringing work online within fourteen days in response to a counternotice that the work is not infringing. The new, extended takedown period thus constitutes a form of censorship.
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A selection of guides, toolkits, and other resources for librarians working on addressing the NIH Data Management and Sharing Policy.
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The nation’s chief scientist will this year recommend to government a radical departure from the way research is distributed in Australia, proposing a world-first model that shakes up the multi-billion-dollar publishing business so Australian readers don’t pay a cent. . . .The model goes much further than open access schemes in the US and Europe by including existing research libraries and has been designed specifically for Australia’s own challenges.
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Next week, a law takes effect that will change the internet forever—and make it much more difficult to be a tech giant. On November 1, the European Union’s Digital Markets Act comes into force, starting the clock on a process expected to force Amazon, Google, and Meta to make their platforms more open and interoperable in 2023. That could bring major changes to what people can do with their devices and apps, in a new reminder that Europe has regulated tech companies much more actively than the US.
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In an effort to highlight the significant differences between the 2013 [OSTP] memorandum and the 2022 guidance, the Association of Research Libraries (ARL) has published a comparison table of the two documents. This table breaks down the 2013 and 2022 OSTP public-access guidance into sections for a quick side-by-side comparison of 10 key components, including embargo period, data policies, formats, and metadata expectations.
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