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United States Science

Open Source Science 33

Tim writes "A few days ago (June 26th), the "Public Access to Science" act was introduced to the House of Representatives. This act would ammend the US Copyright Act to "exclude from copyright protection works resulting from scientific research substantially funded by the Federal Government," in essence, requiring all federally-funded scientific research to be published as open content. The Public Library of Science has a press release with more information."
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Open Source Science

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  • by spitzak ( 4019 ) on Wednesday July 02, 2003 @01:01AM (#6346694) Homepage
    This does mean that such work cannot be released under the GPL either (since the GPL requires copyright), it must be public domain.

    I don't think this is a bad thing, actually. But I'm sure the lobbyists are going to twist this into "the government can't *buy* GPL code".

    • by Anonymous Coward
      nah. it can still be GPL'd. Software code will simply be available under dual licensing: PD & GPL. Actually, any license can be used. Even proprietary.
      • Most public domain software is free, at least at first glance.

        (As seen in slashdot QOTH at 12:25 am July 2)
      • The fact that it must be licenced as public domain completely castrates the GPL provisions.
        • why? suppose I've done government fund comp sci research and have come up with a completely new gee-whiz bang widget function. Next I publish, complete with psuedo-code and even some general C implimentation, my article, the code contained ect is published as public-domain by Scientific American, so any body can copy the article ( the text and included figures but not necessarily Sci Am's formating and editing of the text and figures), and the contained code for any used. I still can publish a program based
      • The issue is if I want to work on GPL software, like Linux or GCC.
        If I do, in order to release my modified version, I need to license it under the GPL. But if the government takes away my ability to copyright, then I can't. So then I can't distribute the work, which means we have less open science than before!

        This would actually come up in my own research.

        • Yes this is a definate problem. However if they do this then they better be consistent, you are not allowed to work on closed-source or any commercial product where there are any limitations on redistribution either.

          Though bad for the GPL, if they actually do this in a consistent way then at least they are not hyprocrites. I am afraid they are going to get brainwashed into believing that GPL=bad but working on a patch for Windows is ok.

    • That would be my reading of that announcement too. Of course it's the initial proposal, so it'll get all sorts of changes along the way.

      No, it's not necessarily a bad thing. There's a whole lot of work that's completely hidden from view that would be opened up to academic research. I can think of several chemistry programs I'd love to get in source form.

      But it would be quite interesting to see how they decide to make the cutoff. TCP/IP was government-funded research. Does that mean anything that uses it m
    • This does mean that such work cannot be released under the GPL either

      While you're right it can't be released under the GPL, you are perfectly able to take the relased public domain work and stick it into the GPL. Hell, Microsoft can take stuff from the public domain and stick it into Widows and under their licence.

      It doesn't prevent people from working on existing GPL code either, it just takes an extra step. You just release a public domain patch. Anyone (including you) can then apply that patch to a GP
  • by ghutchis ( 7810 ) on Wednesday July 02, 2003 @01:16AM (#6346768) Homepage
    This would be great news and will certainly level the research playing field. The major research universities and companies can currently afford the massive prices required to subscribe to a wide variety of journals. One of the first responces, IMHO will be the increase in research quality outside the current "research farms."

    But I'm not sure I agree there are "excessive profits" at journals, especially since some of them have recently spent big $$ to digitize and archive old articles--in many cases dating back over a hundred years. But since many of us are almost exclusively using online access to journals, distribution charges will decrease dramatically.

    So the big question isn't whether this should happen--it should. Science ideally should be a meritocracy of ideas, not dependent on how much your school is willing to spend on journals. But the big question is who pays in this new model. Someone has to review and edit articles. Someone has to pay for the bandwidth of the journal. So do we go back to the "you pay if you want to publish" method (bad idea--only the rich can publish) or will public funds go to public distribution (i.e. the public library model).

    Too bad public libraries are often underfunded.

    -Geoff

    • by zenyu ( 248067 ) on Wednesday July 02, 2003 @02:43AM (#6347126)
      But I'm not sure I agree there are "excessive profits" at journals, especially since some of them have recently spent big $$ to digitize and archive old articles--in many cases dating back over a hundred years.

      I'm sure my librarians would disagree with you $10,000 or more for a 12 issues of a journal is only possible because libraries buy these things for demanding faculty. There is a huge difference in price between the $50-$100 for a IEEE/ACM journal and one of the commercial journals. I draw the line at reviewing for a journal at $500/yr. The last publisher of $20-30 math books, Springer-Verlag, just got sold to a publisher that wants to maximize profit with no regard for the academic process they are serving. I think it may be time to abandon these old school publishers, I'm sure you could collect enough pre-orders with an electronic edition to get Dover or Eldritch Press to make a print run and mail them out. No one writes these books that sell 200-1000 copies worldwide for profit, it's merely a nicer form than pdf files.
    • But I'm not sure I agree there are "excessive profits" at journals, especially since some of them have recently spent big $$ to digitize and archive old articles--in many cases dating back over a hundred years. But since many of us are almost exclusively using online access to journals, distribution charges will decrease dramatically.

      I'm not so sure that electronic journals have been such a good deal. This article seems to say quite the opposite:

      http://www.firstmonday.dk/issues/issue2_8/odlyzko /

      This ar

  • Bad Idea (Score:5, Informative)

    by zenyu ( 248067 ) on Wednesday July 02, 2003 @01:23AM (#6346796)
    I would totally buy the arguement of not allowing patents on government funded research. But government funding doesn't really compensate graduate students for the work they do and unless they plan on giving the NSF 10x more money and forcing schools to pay their grad students well this just won't fly. I've been on a grad student salary I was $200 in the hole per month before paying for food and clothing, plus there were gaps in the pay, you didn't get paid over winter break, when you were furiously working on a paper, and you didn't get payed for the last month of each school year. You were two months into summer before you got your first paycheck from the internship... The government won't even give you student loans for the shortfall or for health insurance or registration fees. The only blessing is that credit card companies don't seem to have a problem lending a PhD student thousands at 20% (probably a good bet for them...) Doctors & Dentists also give you pretty good repayment terms, but I digress. Considering the economic hit that the students are taking it seems only fair that they keep at least copyright on their work.

    I also think people will find ways around this, say you accept government money for two years and accept corporate money for non-exclusive use rights in the last two years.. Well what do you know, you made a lot of progress in that last year...
    • Re:Bad Idea (Score:2, Interesting)

      And if you're married, create a legal teergrube for them. Explain all your research to your wife/husband and have them draft and submit a patent. Then attempt to sell a product by Copyrighting all usable names for this product. Seed the idea everywhere you can in newsgroups, mail lists, and chat rooms.

      Use all of thse 'weapons' as a self-destructing blackmail. As in, you take this patent away from me, I'll kill the patent by legal kill.

      The best way is to have as many in the grad class do this. It'll hurt t
    • Re:Bad Idea (Score:5, Informative)

      by merdark ( 550117 ) on Wednesday July 02, 2003 @02:32AM (#6347076)
      I agree with you completely, I'm currently a grad student.

      Interestingly, in Canada the trend is the opposite. More and more Canadian universities are giving students almost complete IP rights. For instance, my university does this, they only require that they can have eternal free use of whatever I come up with while I'm there. Not a bad deal at all.

      Of coures maybe things are different in America? Are grad students in funded exclusivly by the government as they are here? If not I suppose this law may not have as much of an impact. If it is the same, then this could perhaps hurt US academic research community.
      • Re:Bad Idea (Score:4, Informative)

        by zenyu ( 248067 ) on Wednesday July 02, 2003 @03:27AM (#6347281)
        Of coures maybe things are different in America? Are grad students in funded exclusivly by the government as they are here?

        Grad students aren't funded directly. Professors apply for grants in various fields and then pay the university to employ the student at a fixed rate. But the university doesn't care where the money comes from, the university might take a 60% cut for overhead and a cut on any purchases over $300. Where I was the professor also paid a health insurance co-pay for students even though students weren't given health insurance. Professors also get money from industry, Microsoft, IBM, Unilever... but except for Microsoft these are on an entirely different league, a lab might get a few million from the government and a 100k from the other sources. Microsoft gave us money for some patent rights to stuff developed with government money, but the much smaller grants from others were completely unrestricted. They just wanted to visit and have an inside track on hiring graduate students for summer internships. Government money, especially military money, has very few restrictions and is often more than you can spend. The universities don't allow spending this on the students, presumably to avoid the apperance that well funded departments pay better than the pure and social sciences, and the humanities. (Part of the "Contract with America" when the Republicans swept congress was the elimination of government funding for the humanities(NEH), so those departments are funded (badly) out of that 60%+ overhead..The arts funding (NEA) still exists in limited form, but generally this is less relevant as there are large private donors to fund these, and they do not grant many Ph.D's)

        As for IP, patents usually belong to the university, but you have the copyright. Some universities take all the money from patents, but most have some give the inventor 50%+ of the royalties. Unfortunately since they own the patent you can't release your code without their permission. Your copyright gives you some leverage, as the patent is less valuable to them without it, but I've yet to ever hear back from legal when I wanted to release anything patented I wrote without a direct cash payment to the university.. A couple of the very best Uni's give you patent rights.. I don't think there is any move toward this. Though I think I might have patented some things if I had been given control of the patent with royalty obligations to the university. As the system is currently you'd be a fool to do it, you won't ever be able to use your own code legally again except at their approval. Well unless you move to some country where the patent doesn't apply.
    • I would totally buy the arguement of not allowing patents on government funded research.

      The bill is about prohibiting copyrights on reports of government funded research.

      The patent issue was not mentioned.

      I would be extreemly rare for any researcher to make much money by retaining the copyright to federally funded research. Maybe if somebody wrote a "thesis of the year" but most academic research books make little money for their authors.
      • I would be extreemly rare for any researcher to make much money by retaining the copyright to federally funded research. Maybe if somebody wrote a "thesis of the year" but most academic research books make little money for their authors.

        In computer science the code can bew very valuable. The papers are too, but here it is more important that your name be attached to it than any other aspect of copyright be ahered to. Often we sign our copyright away to a reputable member organization such as the ACM, whil
    • Considering the economic hit that the students are taking it seems only fair that they keep at least copyright on their work.
      What in the world are you talking about? I am a published graduate student, and I have never heard of such a thing. Please post a citation of a peer-reviewed publication you still retain copyright to.
      • Read my reply to someone else's comment of the same nature. I've signed over my copyright to ACM which I hesitated at despite their good reputation, although I don't recall Visual Computer asking me to sign over anything and I believe IEEE just asks you to give them non-exclusive irrevokable distribution rights. It's not the copyright on the papers I care about, I just want em cited properly and not published under someone else's name, it's the copyright on my code that I care about. I'd like to be able hav
        • Hmm... I am also writing code that will probably be used "in the real world", but I see the GPL differently. As I see it, the GPL allows me to "publish" my code, yet anyone who wants to make money with it by basing proprietary software on it will have to come to me (more like my university) for a license to do that.

          Are you making significant money from your code copyright? I would be surprised if more than a tiny fraction of CS grad students make a lot of money from copyright on their code, but then aga
          • As I see it, the GPL allows me to "publish" my code, yet anyone who wants to make money with it by basing proprietary software on it will have to come to me (more like my university) for a license to do that.

            That's pretty much how I see GPL too, but I don't release everything under it. Though I try to stick to open libraries so I can eventually.

            The lab I work at now has made a little over 2 million on licensing on code I worked on with others as a definately less than the lab has seen in government grant
  • by hassr ( 530413 ) on Wednesday July 02, 2003 @01:25AM (#6346808)
    This article gives a bit more than the press release.

    The free research movement [salon.com]

  • Text of the bill... (Score:3, Informative)

    by pythorlh ( 236755 ) <pythorNO@SPAMgmail.com> on Wednesday July 02, 2003 @07:51AM (#6348100) Journal
    Is avalaiable asa PDF here [plos.org].
  • This bring a whole new meaning to "Can I see your books?" NASA thought they were having problems with their accounting problems; I'd like to see them try to deal with publishing their research!

    Don't get me wrong, I think this is a VERY good thing. Just think of the BILLIONS of dollars in research funds shelled out to corporations that never let the results see the light of day (outside their own firm). This could be HUGE in the private/amature space development efforts.

    I just wonder whether it appli

    • Most of NASA's work is already available publicly. Try the third floor of the FIT library. There's some amazing stuff in there. That's where I first found out about NERVA, and also how the Shuttle's configuration was decided upon in 1968 (before we landed on the moon).
    • I think this is a good idea overall. It helps to level the playing field for poorer universities. Also, since there's fairly blatant Napster-like copyright violations done by every researcher and by article repositories ( Citeseer [citeseer.com]), this would pave the way for truly open research content.

      Take a look at this email [uiuc.edu] to get an idea of the various battling forces in the academic world.
  • Chiming In . . . (Score:4, Insightful)

    by Dausha ( 546002 ) on Wednesday July 02, 2003 @08:08AM (#6348168) Homepage

    I agree with this proposal. If the US Government is paying for the research, they should be able to expect ownership of the IP. Since the USG isn't in the business of IP hoarding, then they instead have it released into the Public Domain.

    The research does not have to be federally funded. So, if this condition is too much for the research team, then perhaps they should seek alternate funding. Then the altruism of the doner may allow the research team to keep the IP.

  • Next they should retroactively make make government sponsered organizations (cough, monopolies, cough) open source (ie Bell Labs, various power companies, ICANN, yada, yada).
  • Good and Bad (Score:2, Interesting)

    by Tom7 ( 102298 )
    This is good and bad.

    It's great for papers. For one thing, it would prevent the obnoxious practice of making authors sign over the rights to their papers to the publishing company (Springer-Verlag is notorious for this.) It's a good first step towards building a free internet repository for scientific papers.

    On the other hand, it could prevent computer scientists from working on GPL (or even BSD code), since derivative works must be copyrighted under the same license. That would really suck, in fact,

    Perh
  • by 4of12 ( 97621 ) on Wednesday July 02, 2003 @09:38AM (#6348845) Homepage Journal

    It's interesting that they're providing full public access to new technology without requiring NDA's and licensing fees.

    This is good public policy, one that will advance overall progress faster than if restrictions were in place.

    Logically, the government doesn't (or shouldn't) need monetary incentives to create new inventions in the same way that individuals do; they already have the ability to reap tax revenue from a wide field at will.

    By making their IP free, the government thereby lowers barriers to entry for anyone that wants to build upon the technology. As a result, society at large will benefit from more frequent and competitive introductions of inventions built on top of government-developed IP. The field of possible new inventors isn't restricted to those with both intelligence and money; it's enough to be intelligent.

    Interestingly, release of software developed under U.S. government funding usually is required to contain a proviso like:

    there is a non-exclusive license for use of this work by or on behalf of the U.S. Government.
    and the usual disclaimer of no warranty.

    In some cases software has been licensed for a fee to outside entites and in other cases it has been released freely under the various flavors of GPL, BSD, etc.

  • Maybe I missed it, but where would all this information be located? Availability online still limits the stuff, as many people don't have internet capabilities at home. Availability in paper form (or microfilm or whatever) would be a physically enormous amount of data. Would people in other countries also get to see everything?

    Would this eventually become retroactive; that is, we get to see what our tax dollars funded in the past?

    It's a huge amount of stuff. Think of all the grants from the EPA, FDA (

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