Scholarly Communication and Open Access: OA Bibliography

Scholars in all fields now have access to an unprecedented wealth of online information, tools, and services. The Internet lies at the core of an information infrastructure for distributed, data-intensive, and collaborative research. Although much attention has been paid to the new technologies making this possible, from digitized books to sensor networks, it is the underlying social and policy changes that will have the most lasting effect on the scholarly enterprise. In Scholarship in the Digital Age, Christine Borgman explores the technical, social, legal, and economic aspects of the kind of infrastructure that we should be building for scholarly research in the twenty-first century. Borgman describes the roles that information technology plays at every stage in the life cycle of a research project and contrasts these new capabilities with the relatively stable system of scholarly communication, which remains based on publishing in journals, books, and conference proceedings. No framework for the impending "data deluge" exists comparable to that for publishing. Analyzing scholarly practices in the sciences, social sciences, and humanities, Borgman compares each discipline's approach to infrastructure issues. In the process, she challenges the many stakeholders in the scholarly infrastructure--scholars, publishers, libraries, funding agencies, and others--to look beyond their own domains to address the interaction of technical, legal, economic, social, political, and disciplinary concerns. Scholarship in the Digital Age will provoke a stimulating conversation among all who depend on a rich and robust scholarly environment.Christine L. Borgman is Professor and Presidential Chair in Information Studies at the University of California, Los Angeles. She is the author of From Gutenberg to the Global Information Infrastructure: Access to Information in the Networked World (MIT Press, 2000).

Knowledge in digital form offers unprecedented access to information through the Internet but at the same time is subject to ever-greater restrictions through intellectual property legislation, overpatenting, licensing, overpricing, and lack of preservation. Looking at knowledge as a commons--as a shared resource--allows us to understand both its limitless possibilities and what threatens it. In Understanding Knowledge as a Commons, experts from a range of disciplines discuss the knowledge commons in the digital era--how to conceptualize it, protect it, and build it.Contributors consider the concept of the commons historically and offer an analytical framework for understanding knowledge as a shared social-ecological system. They look at ways to guard against enclosure of the knowledge commons, considering, among other topics, the role of research libraries, the advantages of making scholarly material available outside the academy, and the problem of disappearing Web pages. They discuss the role of intellectual property in a new knowledge commons, the open access movement (including possible funding models for scholarly publications), the development of associational commons, the application of a free/open source framework to scientific knowledge, and the effect on scholarly communication of collaborative communities within academia, and offer a case study of EconPort, an open access, open source digital library for students and researchers in microeconomics. The essays clarify critical issues that arise within these new types of commons--and offer guideposts for future theory and practice.Contributors:David Bollier, James Boyle, James C. Cox, Shubha Ghosh, Charlotte Hess, Nancy Kranich, Peter Levine, Wendy Pradt Lougee, Elinor Ostrom, Charles Schweik, Peter Suber, J. Todd Swarthout, Donald Waters

There’s a common belief that cyberspace cannot be regulated—that it is, in its very essence, immune from the government’s (or anyone else’s) control. Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no “nature.” It only has code—the software and hardware that make cyberspace what it is. That code can create a place of freedom—as the original architecture of the Net did—or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that’s not inevitable either. We can—we must—choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.

At the end of the twentieth century, intellectual property rights collided with everyday life. Expansive copyright laws and digital rights management technologies sought to shut down new forms of copying and remixing made possible by the Internet. International laws expanding patent rights threatened the lives of millions of people around the world living with HIV/AIDS by limiting their access to cheap generic medicines. For decades, governments have tightened the grip of intellectual property law at the bidding of information industries; but recently, groups have emerged around the world to challenge this wave of enclosure with a new counter-politics of "access to knowledge" or "A2K." They include software programmers who took to the streets to defeat software patents in Europe, AIDS activists who forced multinational pharmaceutical companies to permit copies of their medicines to be sold in poor countries, subsistence farmers defending their rights to food security or access to agricultural biotechnology, and college students who created a new "free culture" movement to defend the digital commons. Access to Knowledge in the Age of Intellectual Property maps this emerging field of activism as a series of historical moments, strategies, and concepts. It gathers some of the most important thinkers and advocates in the field to make the stakes and strategies at play in this new domain visible and the terms of intellectual property law intelligible in their political implications around the world. A Creative Commons edition of this work will be freely available online.

Intellectual property or intellectual (im)property? Toward a transcultural epistemology and ethics / Cushla Kapitzke --
Did you say "intellectual property"? It's a seductive mirage / Richard M. Stallman --
Can knowledge be owned and commodified? / Soraj Hongladarom --
The properties of Locke's common-wealth of learning / John Willinsky --
A Marxist analysis of the World Trade Organisation's Agreement on Trade-Related Aspects of Intellectual Property Rights / Ruth Rikowski --
Breaks, flows, and other in-between spaces: Rethinking piracy and copyright governance / Shujen Wang --
Intellectual property rights: Governing cultural and educational futures / Cushla Kapitzke --
Aboriginal knowledges in the Australian market place: Different issue, same story / Gordon Chalmers --
The conflict of knowing / Wendy Brady --
The role of open content licences in building open content communities: Creative Commons, GFDL and other licences / Nic Suzor and Brian Fitzgerald --
Freedom as in a self-sustainable community: The Free Software Movement and its challenge to the copyright law / Shun-Ling Chen --
Copyright and cultural production: A knowledge and wisdom theory perspective on education policy / David Rooney, Bernard McKenna & Tom Keenan --
Cultural policy and copyright: Implications for education / Siva Vaidhyanathan --
Political economy of global information futures: The scope and limits.

The Internet revolution has come. Some say it has gone. What was responsible for its birth? Who is responsible for its demise? InThe Future of Ideas, Lawrence Lessig explains how the Internet revolution has produced a counterrevolution of devastating power and effect. The explosion of innovation we have seen in the environment of the Internet was not conjured from some new, previously unimagined technological magic; instead, it came from an ideal as old as the nation. Creativity flourished there because the Internet protected an innovation commons. The Internet’s very design built a neutral platform upon which the widest range of creators could experiment. The legal architecture surrounding it protected this free space so that culture and information–the ideas of our era–could flow freely and inspire an unprecedented breadth of expression. But this structural design is changing–both legally and technically. This shift will destroy the opportunities for creativity and innovation that the Internet originally engendered. The cultural dinosaurs of our recent past are moving to quickly remake cyberspace so that they can better protect their interests against the future. Powerful conglomerates are swiftly using both law and technology to "tame" the Internet, transforming it from an open forum for ideas into nothing more than cable television on speed. Innovation, once again, will be directed from the top down, increasingly controlled by owners of the networks, holders of the largest patent portfolios, and, most invidiously, hoarders of copyrights. The choice Lawrence Lessig presents is not between progress and the status quo. It is between progress and a new Dark Ages, in which our capacity to create is confined by an architecture of control and a society more perfectly monitored and filtered than any before in history. Important avenues of thought and free expression will increasingly be closed off. The door to a future of ideas is being shut just as technology makes an extraordinary future possible. With an uncanny blend of knowledge, insight, and eloquence, Lawrence Lessig has written a profoundly important guide to the care and feeding of innovation in a connected world. Whether it proves to be a road map or an elegy is up to us.

In the past, efforts to reconcile the western concept of intellectual property with indigenous knowledge have not taken into account the schism between this knowledge and western scientific forms. As knowledge assumes increasing importance in the quest for self-determination, cultural survival, and economic empowerment, the gulf between indigenous and western scientific knowledge assumes a new meaning. In International Law and Indigenous Knowledge, Chidi Oguamanam argues that the crisis of legitimacy indigenous knowledge poses for the intellectual property system compels a re-thinking of the concept of intellectual property itself. Drawing on interdisciplinary research, International Law and Indigenous Knowledge takes as its framework the legal doctrinal methodology, focusing on international legal and policy developments regarding the protection of indigenous knowledge. Using traditional medicine and biodiversity to illustrate his thesis, Oguamanam argues that recent international legal and policy developments in the direction of a cross-cultural approach to intellectual property rights are desirable trends. Such developments come closer to addressing the rift between western and non-western knowledge systems as well as the crisis of legitimacy in the conventional intellectual property system.

From "the most important thinker on intellectual property in the Internet era" (The New Yorker), a landmark manifesto about the genuine closing of the American mind. Lawrence Lessig could be called a cultural environmentalist. One of America's most original and influential public intellectuals, his focus is the social dimension of creativity: how creative work builds on the past and how society encourages or inhibits that building with laws and technologies. In his two previous books, Code and The Future of Ideas, Lessig concentrated on the destruction of much of the original promise of the Internet. Now, in Free Culture, he widens his focus to consider the diminishment of the larger public domain of ideas. In this powerful wake-up call he shows how short-sighted interests blind to the long-term damage they're inflicting are poisoning the ecosystem that fosters innovation. All creative works-books, movies, records, software, and so on-are a compromise between what can be imagined and what is possible-technologically and legally. For more than two hundred years, laws in America have sought a balance between rewarding creativity and allowing the borrowing from which new creativity springs. The original term of copyright set by the Constitution in 1787 was seventeen years. Now it is closer to two hundred. Thomas Jefferson considered protecting the public against overly long monopolies on creative works an essential government role. What did he know that we've forgotten? Lawrence Lessig shows us that while new technologies always lead to new laws, never before have the big cultural monopolists used the fear created by new technologies, specifically the Internet, to shrink the public domain of ideas, even as the same corporations use the same technologies to control more and more what we can and can't do with culture. As more and more culture becomes digitized, more and more becomes controllable, even as laws are being toughened at the behest of the big media groups. What's at stake is our freedom-freedom to create, freedom to build, and ultimately, freedom to imagine.

Winner of the 2006 Distinguished Book Award sponsored by the international journal Computers and Compositionand Received the 2006 Blackwell Scholarship Awardpresented by the American Library Association (ALA) Questions about access to scholarship go back farther than recent debates over subscription prices, rights, and electronic archives suggest. The great libraries of the past—from the fabled collection at Alexandria to the early public libraries of nineteenth-century America—stood as arguments for increasing access. In The Access Principle, John Willinsky describes the latest chapter in this ongoing story—online open access publishing by scholarly journals—and makes a case for open access as a public good. A commitment to scholarly work, writes Willinsky, carries with it a responsibility to circulate that work as widely as possible: this is the access principle. In the digital age, that responsibility includes exploring new publishing technologies and economic models to improve access to scholarly work. Wide circulation adds value to published work; it is a significant aspect of its claim to be knowledge. The right to know and the right to be known are inextricably mixed. Open access, argues Willinsky, can benefit both a researcher-author working at the best-equipped lab at a leading research university and a teacher struggling to find resources in an impoverished high school. Willinsky describes different types of access—the New England Journal of Medicine, for example, grants open access to issues six months after initial publication, and First Mondayforgoes a print edition and makes its contents immediately accessible at no cost. He discusses the contradictions of copyright law, the reading of research, and the economic viability of open access. He also considers broader themes of public access to knowledge, human rights issues, lessons from publishing history, and "epistemological vanities." The debate over open access, writes Willinsky, raises crucial questions about the place of scholarly work in a larger world—and about the future of knowledge.

This independent study compares the different forms of open access publishing with traditional subscription publishing. It is hoped that this research will contribute to further informed discussion of alternative publishing models toward the goal of providing wide and speedy access to research findings.