Stevan Harnad has confirmed his position:

One last point, made in full respect and admiration, for Peter Suber. Peter understands every word I am saying. His position, of all the people on this planet, is closest to my own. But Peter in fact has broader goals than I do. His "FOS" (Free Online Scholarship) movement predated OA, and had a much bigger goal: It targeted no less than all of scholarship, online: not just journal articles, but books, multimedia, teaching materials, everything. And the freedom was a greater freedom than freedom to access and use the scholarship.

I greatly value, and fully support Peter's wider goals. But I don't think they are just OA. They are FOS. (I shall be remembered only as an impatient, testy, parochial OA archivangelist, whereas Peter will be rightly recognised as the patient, temperate, ecumenical archangel of FOS.) But OA does have the virtue of being the easier, nearer, surer subgoal.

I think that every time a little divergence arises between Peter and me, it is always a variant of this: He still has his heart and mind set on FOS, and it is good that he does. Someone eventually has to fight that fight too. But OA is narrower than that, and it is also nearer; indeed it is within reach. Hence it is ever so important that we should not over-reach, trying to attain something that is further, and more complicated than OA, when we don't yet even have OA! For we thereby risk needlessly complicating and further delaying the already absurdly overdue attainment of OA.

I think that is what is behind our strategic difference on (1) whether OA requires the elimination of all "permission" barriers or (2) whether, after all, the elimination of all "price" barriers -- via Green OA self-archiving (which is and always has been my model, and my ever-faithful "intuition pump") -- does give us all the capabilities worth having, and worth holding out for. Re-publication rights and the right to create derivative works may be essential for FOS, and for the Creative Commons in general. But they are not essential for OA in partcular; and it would be an unnecessary, self-imposed handicap to insist that they should be.

http://openaccess.eprints.org/index.php?/archives/311-Time-to-Update-the-BBB-Definition-of-Open-Access.html

http://bibliodyssey.blogspot.com/2007/10/bibliodyssey-book.html

Great stuff! (Update to: http://archiv.twoday.net/stories/4351742/
http://www.earlham.edu/~peters/fos/2007/10/more-on-removing-permission-barriers_16.html
)

http://dx.doi.org/10.1371/journal.pbio.0050285

MacCallum CJ (2007) When Is Open Access Not Open Access? PLoS Biol 5(10): e285

Excerpts:

As the original Bethesda definition makes clear [2] (Box 1), open access allows for unrestricted derivative use; free access does not. So the beauty of open-access publishing is not just that you can download and read an article for personal use. You can also redistribute it, make derivative copies of it (such as reproducing it in another language; several PLoS Biology articles have been reproduced, in whole or in part, in Greek on http://www.biology4u.gr), use it for educational purposes (e.g., [3]), or, most importantly, for purposes that we can't yet envisage. This is because the open-access license most commonly used—the Creative Commons Attribution license (http://creativecommons.org/licenses/)—permits derivative reuse, as long as the author is correctly cited and attributed for the work. It is the most liberal of the available Creative Commons licenses (there are six), which are now applied widely to books, music, videos, etc., as well as scholarly works. It is important to note that of the six different Creative Commons licenses, only those that permit unrestricted derivative use (which may be limited to noncommercial use) truly equate with open access. [...]

Does the distinction between free and open access really matter if anyone can read the article for free? Isn't open access just about making the literature available? Well, yes and no. Free access is certainly important, but it's only the starting point. At least of equal importance is the potential for innovation. We don't know yet what innovation means with regards to the full text of an article—who could have predicted the impact GenBank would have or the uses that sequences are now being put to? As one colleague put it, free access is like giving a child a Lego car and telling her that she can look at it, perhaps touch it, but certainly not take it apart and make an airplane from it. The full potential of the work cannot be realized

It is hard to see how anyone could endorse a system that declares many inoffensive activities illegal, with the tacit understanding that the law will usually not be enforced, leaving sanctions hanging overhead like copyright's own Sword of Damocles. The symbolic legal message is preposterous: "Remember, copyright is important, and you're breaking the law and you may face massive fines. But on the other hand, your site is totally great, so keep going!"

http://www.slate.com/?id=2175730

Wikimedia Commons, the multilingual free-content media repository managed by the Wikimedia Foundation, reached the milestone of two million uploaded files on October 8, 2007, less than a year after it reached one million.

http://commons.wikimedia.org/wiki/Commons:Press_releases/2M

FYI France: digital libraries -- BMLyon finding-aids online

The Bibliothèque Municipale de Lyon's fine website offers an
increasing number of increasingly-useful services, for the
multimedia and digital information and online worlds.

For example they just have mounted archival finding-aids: not an
easy task for any institution, but one which nowadays any
institution anywhere can do -- the tools described below are in
XML EADS, via new (2003) French software PLEADE --

"The Bibliothèque municipale de Lyon holds numerous
collections of private archives and manuscripts. Here we
provide numerous research tools which enable you to
navigate through these collections..." [tr. JK]

http://www.bm-lyon.fr/trouver/pleade/presentation.htm
http://www.bm-lyon.fr (Ressources, Archives)

The two manuscripts finding-aids mounted online, so far, are as
follows: [anyone interested in the criminological work of Michel
Foucault, or for that matter in criminology of any sort, or in
the French Revolution, will be interested in the first --]

* Manuscrits du fonds Alexandre Lacassagne, 1843-1924

"Manuscript collections in 203 categories including
correspondance, and scientific, medical, sociological,
and philosophic notes. This collection includes an
important body of criminological work, also numerous
analyses, scientific works, and works concerning
Jean-Paul Marat...

"Alexandre Lacassagne was one of the principal founders
of criminology, medical jurisprudence, and criminal
anthropology. An eminent and erudite savant, he was
interested in the problems of society, notably those
related to criminology and psychological deviance...

"In February 1921, at the close of a long career,
Alexandre Lacassagne, medical jurisprudence specialist,
professor at the Faculty of Medicine of Lyon, and medical
expert witness, gave his manuscript and printed works
collection to the city of Lyon. This comprised a total of
nearly 12,000 documents, in two distinct groups: a unique
library of documents concerning the French Revolution
doctor Jean-Paul Marat -- about 760 works -- and a
collection of studies in medicine, philosophy, and the
humanities and social sciences..."

-- and -- botany, the history of silk, early 19th c. science --

* Manuscrits du fonds Matthieu Bonafous (1793-1852)

"Matthieu Bonafous (1793-1852) was a Lyonnais agronomist
known for his work on silk culture. He was the author of
numerous works on various agriculture questions. He was
director of the Jardin des Plantes of Turin, a member of
the Académie des Sciences, Belles-Lettres et Arts de
Lyon, and a correspondant of the Institut de France...

"The collection is composed of bound manuscripts and
archival boxes containing original documents. It includes
memoires, treatises, reports, summaries, press clippings,
notes and letters -- also poem transcriptions, journals,
collections of illustrations -- on themes including silk
culture (mûrier, soie and vers à soie), rice and corn,
botany and agriculture, zoology, medicine, physics,
biochemistry, travel accounts, scientific and personal
correspondence, and Latin literature concerning rural
economics..."


The BM Lyon also offers, online now, "Les inventaires d'Archives":

-- "Archives littéraires" --

* Fonds Jean-Pierre Spilmont (1967-1999)
"Born in 1937, Jean-Pierre Spilmont lives in Savoie.
Author of essays, novels, poetry and plays, producer of
radio shows..."

* Fonds des éditions Paroles d'Aube
"...the complete collection of the periodical Aube
Magazine (1978-1998)..., examples of books published in
various series (Noces, Traces, Les Echos du Soir), ...
the publishing house Espace Pandora, author files..."

-- "Archives d'artistes et de photographes" --

* Fonds Gabriele Di Matteo (1957- ..)
"... 'E il topo' and 'Biografie immaginarie'...

* Fonds Marcelle Vallet (1907-2000)
"... 5,000 photos including 1,700 negatives... the Lyon
region between 1950 and 1970..."

* Fonds Fernand Arloing (1876-1944)
"... views of the Lyon region and of the Beaujolais
(Cogny), travel reportage from Europe and North Africa..."

* Fonds Paul Grenot (1879-1911)
"... travel in Norway and Spitzbergen (1906)... the
approach to color taken after the distribution of Lumière
autochromes..."

* Fonds Georges Baguet
"... 40 years of travel in the Third World, the Near
East, the Maghreb, Francophone Africa, developed nation
poverty such as Black ghettos in the US and northern
Ireland ghettos... residential areas of Paris and other
parts of Europe..."

-- "Archives musicales" --

* Fonds Orgeret : the archives of an editor and
bookseller of Lyon, from 1897 to 2004
"... publishing and music-selling... scores, plays...
vast collections of the final Librairie Orgeret, 24 rue
Palais-Grillet..."

* Fonds Léon Vallas (1879-1956)
"Lyonnais musicologue: manuscripts, notes, correspondance,
articles and programs and brochures, photos, posters..."

* Fonds Louis Poulin
"... 30 years of the Opéra de Lyon, 1930s-1960s..."

-- "Archives politiques et sociales" --

* Fonds d'affiches de la région Rhône-Alpes
"... dépôt légal of the printers of the region, and
gift acquisitions from publishers... political posters
from 1951 to 1975..."

* Fonds de l'AGEL- UNEF
"... Association Générale des Etudiants de Lyon - Union
Nationale des Etudiants de France... 1926-1971..."

* Fonds Chronique sociale de France
"... association founded in Lyon in 1892..."


And two thoughts, this time:

* Digitizing archives, and "standards"... It is reassuring, to
see the BMLyon offering here in EADS...

In these days of one-size-fits-all data retrieval -- datamining,
via commercial / proprietary / "secret" algorithms, turning up
results such as, "1-10 of about 285,000 for oulipo (0.24 seconds)"
-- it is encouraging to see that some folks, at least, still feel
"standards" are going to be useful.

It's not that Google isn't useful... not that it isn't marvelous
and magnificent, in fact, and in fact *extremely* useful...

But one size does _not_ fit all: not all searches on "French
Revolution" -- as the former président of the BdeF put it
succinctly, in his, "'The Scarlet Pimpernel' crushing
'Quatre-vingt-treize'" -- nor all searches, as Information
Overload becomes Information Inundation, with home-scanning plus
omnipresent handhelds plus terrorism paranoia now virtually
guaranteeing that we'll _all_ be drowning in bits & bytes very
soon. For that matter find me someone who isn't already...

We're going to need filters, folks: maybe not the old ones we
knew and didn't love -- not the old publishing industries, or
government censors, or peer-review committees, maybe, the old
authorities -- but something new, then, to perform the ageless
"winnowing chaff from wheat" task for us.

Or maybe Google will tell us precisely how and why, and for how
much (?), retrieval #1 turned up on top of those 284,999 other
possibilities... unlikely that they'll tell us, though, and
anyway they'll say we wouldn't understand...

Standards such as EADS, then, are for nous autres. They are one
of the Common Man & Woman's means of verifying authenticity,
veracity, relevancy -- and of filtering, of winnowing down the
now-soaring altitudes of our digital in-baskets.

If folks can settle upon ways of describing and grouping items
which are "relevant" -- particularly methods which are public,
and _not_ "commercial / proprietary / secret" -- well, that's why
trains run well, and airplanes don't crash, and buildings don't
fall down, and money works in different countries. So maybe
"standards" will work for digital information too.

Private enterprise can do much of our data-filtering work for us.
But private enterprise cannot be allowed to monopolize, de jure
or de facto, or the system will not work: that would be "market
imperfection", and sooner or later any such system will run down
-- 2d Law of Thermo -- as on the occasion when, for example, the
digital information torrent truly becomes a globalized flood, and
the system simply becomes overwhelmed.

The following data retrieval is questionable enough:

"1-10 of about 285,000 for oulipo (0.24 seconds)"

-- but by the time that reads,

"1-10 of about 285,000,000,000 for oulipo (0.24 seconds)"

-- which it may do soon, under pressure from all those new bits
added to the pile by increasingly-omnipresent scanning & texting
& other new data collection methods, massively-distributed now --

http://en.wikipedia.org/wiki/Massively_distributed_collaboration

-- well, at that point we're all going to really wonder, as some
of the French have regarding their Revolution, whether some of
the retrievals further down in the pile might not have some
relevance too, commercial "secrecy" reassurances notwithstanding.

So we're going to need standards, and filters. Félicitations,
then, to the archival community -- the French at the BMLyon, here
-- for standing by "standards", the effort will be appreciated..


* Lyon, speaking of nous autres and "something different"

Within France there are worlds, and Lyon is one of them. The
Dordogne is another... Clichy sous Bois, too, but also Nice,
Rennes, St. Jean Pied de Port, Annecy, so many...

One great virtue of online digital information is its revelation
of these worlds-within-worlds, to foreigners and perhaps even to
the French themselves: touring through the online "archives"
described above can show the subtle differences between life en
province and life in Paris, differences rarely appreciated by
anyone physically located far from both.

So if you want to know "France", you can do so via the official
information still generally disseminated from a "centre" which is
a northern Global City megalopolis increasingly unlike all other
cities in the country. But truly to appreciate both the depth and
the breadth of "France", now, you have to get out of Paris.

The BMLyon archive helps you do that. Lyon was a border-town for
so long, the Tijuana or Vancouver holding back the tide and
profiting from it -- in the traffic from Savoie, "foreign"
until 1860! -- and with Italy just across the way. Lombard
bankers ran Lyon as wildly, in Parisian eyes, as towns were run
in the US Wild West, yet the nobility up in Paris would borrow
Lyonnais money. And Lyon was on the "wrong" side in revolutions.

Yet Lyon gave France among its best in cuisine, and chocolate,
and much of its Roman tradition: archives and history there can
show much, about France, not found in Paris.

So, visitez the BMLyon archive: it's a "different" view of
France, perhaps, and now it's available everywhere, online.

Croix-Roussien, moi, more or less...


--oOo--


FYI France (sm)(tm) e-journal ISSN 1071-5916

*
| FYI France (sm)(tm) is a monthly electronic
| journal published since 1992 as a small-scale,
| personal experiment, in the creation of large-
| scale "information overload", by Jack Kessler.
/ \ Any material written by me which appears in
----- FYI France may be copied and used by anyone for
// \\ any good purpose, so long as, a) they give me
--------- credit and show my email address [ kessler@well.com ], and, b) it
// \\ isn't going to make them money: if it is going
to make them money, they must get my permission
in advance, and share some of the money which they get with me.
Use of material written by others requires their permission. FYI
France archives may be found at http://www.cru.fr/listes/biblio-fr@cru.fr/
(BIBLIO-FR archive), or http://listserv.uh.edu/archives/pacs-l.html
(PACS-L archive), or http://www.lib.berkeley.edu/Collections/FYIFrance/
or http://www.fyifrance.com . Suggestions, reactions, criticisms,
praise, and poison-pen letters all gratefully received at
kessler@well.sf.ca.us .

Copyright 1992- , by Jack Kessler,
all rights reserved except as indicated above.

http://openaccess.eprints.org/index.php?/archives/308-Re-Use-Rights-Already-Come-With-the-Green-OA-Territory-Judicet-Lector.html

Peter Suber has given a polite answer:
http://www.earlham.edu/~peters/fos/2007/10/what-does-and-doesn-come-with-territory.html

Entries in this weblog on the re-use of OA articles (in English):
http://archiv.twoday.net/stories/4110564/
http://archiv.twoday.net/stories/3493112/
http://archiv.twoday.net/stories/3827904/

Harnad says the untruth if he says: "OA is not about or for re-publication or re-sale, online or in print; OA is about access and use."

The relevant OA definitions accepted by a lot of scholarly organisations and thousands of scholarls world-wide are
*Budapest 2002
*Bethesda 2003
*Berlin 2003

See Suber's explications
http://www.earlham.edu/~peters/fos/newsletter/09-02-04.htm
http://www.earlham.edu/~peters/fos/newsletter/08-04-03.htm

However, the BBB definition doesn't stop at free online access. It adds an extra dimension that isn't as easy to describe, and consequently is often dropped or obscured. This extra dimension gives users permission for all legitimate scholarly uses. It removes what I've called permission barriers, as opposed to price barriers. The Budapest statement puts the extra dimension this way:

*By "open access" to this literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited.
The Bethesda and Berlin statements put it this way: For a work to be OA, the copyright holder must consent in advance to let users "copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship". (Suber)

If one accepts BBB one has also accept the clear implication that free access isn't enough.

The most influential OA journals have CC-BY licenses allowing the re-use also for commercial purposes and derivative works (e.g. translations).

The free flow of scholarly knowledge needs no copyright. It only needs a central rule: give appropriate attribution when re-using the works of other scholars.

Tim Armstrong, Crowdsourcing and Open Access, Info/Law, October 12, 2007.
http://blogs.law.harvard.edu/infolaw/2007/10/12/crowdsourcing-and-open-access/

Excerpt [by Open Access News]:

I gave a short talk earlier today to my colleagues about the open access movement in legal scholarship, about which the three of us here at Info/Law have blogged from time to time (check out our open access tag for more). I used the occasion to go public with my own minor contribution to improving access to primary legal source materials....

The House Report on the Copyright Act of 1976 is a key reference in the intellectual property domain, routinely cited by courts in copyright cases. It has been indispensable in resolving disputes as to legislative intent in the face of uncertain statutory text. But so far as I’ve been able to determine, it’s not freely available online...That’s unfortunate. As has often been noted, the copyright statute is intractably, even maddeningly, vague in places, and the legislative reports have been crucial tools in figuring out just what Congress was trying to do across a host of issues.

Taking advantage of our spiffy new copier, I scanned the entire House Report, working a few pages at a time over the course of a couple of weeks. That left me with a big folder full of TIFF files on my PC, which I scrubbed with the wonderful tool unpaper before converting to PDF. You can now download the completed PDF here, although be warned that it’s a very large file (155 MB): House Report No. 94-1476 (PDF).

Getting the scanned page images online, though, is only part of the battle. What I ultimately would like to see online is the text of the report, freely searchable, copyable, and indexable, rather than just the images. Because I don’t have the time or energy to convert the images to text myself, I’ve thrown the project open as an experiment in crowdsourcing. All my page scans are now available on Wikimedia Commons, and volunteers are slowly converting the raw OCR output to intelligible text on Wikisource. It’s a lengthy document, but given enough eyeballs, as they say. The Wikisource index to the scanned pages already appears on the first page of the Google search results for “House Report 94-1476.” Eventually, this process should produce a fairly well cleaned-up version of the source text.

Assuming this ultimately works (a big “if,” to be sure), what are some other public domain legal source texts that should get the crowdsourcing treatment? ...

The 300-page volume recently came out in a limited edition — 799 copies — each priced at $8,377, said Scrinium publishing house, which prints documents from the Vatican's secret archives.

http://news.yahoo.com/s/ap/20071012/ap_on_re_eu/vatican_knights_templar
http://www.scrinium.org/scrinium/Opere.php?idProgetto=3&idOpera=20&idLingua=1

See also
http://archiv.twoday.net/stories/4327647/