New 'Coalition For Responsible Sharing' About To Send Millions Of Take-Down Notices To Stop Researchers Sharing Their Own Papers
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A couple of weeks ago, we wrote about a proposal from the International Association of Scientific Technical and Medical Publishers (STM) to introduce upload filtering on the ResearchGate site in order to stop authors from sharing their own papers without "permission". In its letter to ResearchGate, STM's proposal concluded with a thinly-veiled threat to call in the lawyers if the site refused to implement the upload filters. In the absence of ResearchGate's acquiescence, a newly-formed "Coalition for Responsible Sharing", whose members include the American Chemical Society (ACS), Brill, Elsevier, Wiley and Wolters Kluwer, has issued a statement confirming the move:Following unsuccessful attempts to jointly find ways for scholarly collaboration network ResearchGate to run its service in a copyright-compliant way, a coalition of information analytics businesses, publishers and societies is now left with no other choice but to take formal steps to remedy the illicit hosting of millions of subscription articles on the ResearchGate site. Those formal steps include sending "millions of takedown notices for unauthorized content on its site now and in the future." Two Coalition publishers, ACS and Elsevier, have also filed a lawsuit in a German regional court, asking for clarity and judgement on the legality of ResearchGate's activities. Justifying these actions, the Coalition's statement says: "ResearchGate acquires volumes of articles each month in violation of agreements between journals and authors" -- and that, in a nutshell, is the problem.The articles posted on ResearchGate are generally uploaded by the authors; they want them there so that their peers can read them. They also welcome the seamless access to other articles written by their fellow researchers. In other words, academic authors are perfectly happy with ResearchGate and how it uses the papers that they write, because it helps them work better as researchers. A recent post on The Scholarly Kitchen blog noted:Researchers particularly appreciate ResearchGate because they can easily follow who cites their articles, and they can follow references to find other articles they may find of interest. Researchers do not stop to think about copyright concerns and in fact, the platform encourages them, frequently, to upload their published papers. The problem lies in the unfair and one-sided contracts academic authors sign with publishers, which often do not allow them to share their own published papers freely. The issues with ResearchGate would disappear if researchers stopped agreeing to these completely unnecessary restrictions -- and if publishers stopped demanding them.The Coalition for Responsible Sharing's statement makes another significant comment about ResearchGate: that it acquires all these articles "without making any contribution to the production or publication of the intellectual work it hosts." But much the same could be said about publishers, which take papers written by publicly-funded academics for free, chosen by academics for free, and reviewed by academics for free, and then add some editorial polish at the end. Despite their minimal contributions, publishers -- and publishers alone -- enjoy the profits that result. The extremely high margins offer incontrovertible proof that ResearchGate and similar scholarly collaboration networks are not a problem for anybody. The growing popularity and importance of unedited preprints confirms that what publishers add is dispensable. That makes the Coalition for Responsible Sharing's criticism of ResearchGate and its business model deeply hypocritical.It is also foolish. By sending millions of take-down notices to ResearchGate -- and thus making it harder for researchers to share their own papers on a site they currently find useful -- the Coalition for Responsible Sharing will inevitably push people to use other alternatives, notably Sci-Hub. Unlike ResearchGate, which largely offers articles uploaded by their own authors, Sci-Hub generally sources its papers without the permission of the academics. So, once more, the clumsy actions of publishers desperate to assert control at all costs make it more likely that unauthorized copies will be downloaded and shared, not less. How responsible is that?Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+
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posted at: 12:00am on 12-Oct-2017
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Supreme Court Leaves Troubling CFAA Rulings In Place: Sharing Passwords Can Be Criminal Hacking
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For many, many years now, we've talked about problems with the CFAA -- the Computer Fraud & Abuse Act -- which was passed in Congress in the 1980s in response to the Hollywood movie War Games (seriously). It was a messed up moral panic back then, and over the years it's been abused widely in both civil and criminal cases to define almost anything as hacking. Over the past few years we've been following two cases in particular related to the CFAA: the David Nosal case and the Power.com case. Both involved fairly twisted interpretations of the CFAA -- and, unfortunately, the 9th Circuit found both to be okay. And, unfortunately, this week, the Supreme Court declined to review both cases, meaning they remain good (if stupid) law in the 9th Circuit (which will likely influence cases elsewhere).I won't go into all of the background in both cases, but the super short version is that under the Facebook v. Power ruling, it's a CFAA violation for a service to access a website -- even if at the request of users -- if the website has sent a cease-and-desist. That shouldn't be seen as hacking, but the court said it's "unauthorized access." Power was a service that tried to help consolidate different social networks into a single user interface for users -- and lots of people found that valuable and signed up for the service. But, Facebook didn't like it and sent a cease-and-desist to Power. Power figured that since users were asking it to continue and they were the ones who had the accounts, it was okay to continue. The court, unfortunately, claimed that it was a CFAA violation -- the equivalent of "hacking" into a system (despite having legit credentials) just because of the cease-and-desist.In the Nosal case, the court said that merely sharing your passwords can be a CFAA violation. In that case a guy looking to compete with his old firm had someone still there share a password so he could log in and get customer info. That may be unethical and problematic -- but should it be the equivalent of computer hacking? While the 9th Circuit had rejected an even broader interpretation of the CFAA that would say merely violating a terms of service became "unauthorized access" it said okay to the password sharing one.There was some hope that the Supreme Court would hear these cases and explain that these rulings stretched the CFAA to dangerous degrees. Unfortunately, that's not the case.And so we're back where we've been for a few decades now: talking about why Congress needs to reform the CFAA and fix these problems that leave the law wide open to abuse -- especially in an era where so many people use dozens of services, and sometimes do things like share passwords or ask others to log into sites for them. These should never be seen as "hacking" violations, but in the 9th Circuit, they are.
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