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Presentation for the Intellectual Assets Centre, December 1 2009.
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Open Science Business ModelsAndrés GuadamuzSCRIPT Centre for Research in IP and Technology LawUniversity of Edinburgh
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Openness
A word of caution...
A word of caution...
A word of caution...
A word of caution...
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A word of caution...
Business realities
Open source
Use, redistribution, modification, access of source code.
Sharing information
Access to common resources
Communicating improvements to the community
Copyleft
“2(b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.” GPL v2.
Copyleft Non-copyleft Hybrid
GNU GPL Mozilla LicenceCreative
Commons
EUPL BSD Licence
Licence ecology
Open Science
Science is open
Open science
“Open science is the application of open source software licensing principles and clauses to protect and distribute the fruits of scientific research.” Y.T.
Scientific outputs by IP
Copyright Patents Database rightOther/No protection
•Notes•Publications•Reports•Data•Software
•Software•Biotechnology•Processes•Methods
•Data•Databases
•Brands•Materials•Plant varieties•Genetic banks•Data•STLTWP
Licensing models
Copyright Open Source, CC, Click-Use, PD
Patents Open Source, BIOS, IBM
Data PD, Contract, CC, ODbL
Other Contract, non-disclosure, MTAs
Copyright Licensing
Spectrum of rights
Core Licensing Suite: Creator/Licensor chooses licence options
Attribution: Every CC licences allows the world to copy and distribute a work provided that the licensee credits the creator/licensor. The author may include these other elements:
NonCommercial: licensees can use the work for non-commercial purposes.
No Derivatives: the work cannot be modified.
ShareAlike: the work can be copied, modified and distributed if the author releases the derivative under the same licence.
BY Attribution
BY-NC Attribution - Non Commercial
BY-SA Attribution - Share Alike
BY-ND Attribution - No Derivatives
BY-NC-SA Attribution - Non Commercial - Share Alike
BY-NC-ND Attribution - Non Commercial - No Derivatives
Types of licence
Human-ReadableCommons Deed
Lawyer-ReadableLegal Code
Machine-ReadableDigital Code
<a rel="license" href="http://creativecommons.org/licenses/by/2.5/scotland/"><img alt="Creative Commons License" style="border-width:0" src="http://i.creativecommons.org/l/by/2.5/scotland/88x31.png" /></a><br />This work is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/2.5/scotland/">Creative Commons Attribution 2.5 UK: Scotland License</a>.
Licence growth
If you liked CC, you may also like...
CCPlus: CC+ is CC license + Another agreement.
CC0: “affirmer” waives all of his or her copyright and neighboring and related rights in a work, to the fullest extent permitted by law.
ccREL: Creative Commons standard Rights Expression Language and machine-readable metadata.
Science Commons: Establishing CC within the scientific community.
Open Access Business Models
Manchester Manifesto
“We recognise that innovation has an essential role in economic development, but its use for the pursuit of profit should not override, and ideally should not conflict with, achievement of welfare goals and scientific progress. Scientific information, freely and openly communicated, adds to the body of knowledge and understanding upon which the progress of humanity depends. Information must remain available to science and this depends on open communication and dissemination of information, including that used in innovation.”
Open access definition
“Open access” (OA) is free online access. OA literature is not only free of charge to everyone with an internet connection, but free of most copyright and licensing restrictions. OA literature is barrier-free literature produced by removing the price barriers and permission barriers that block access and limit usage of most conventionally published literature, whether in print or online.” Peter Suber
Open Access developments
Directive 2003/98/EC on the re-use of public sector information (PSI).
2005 Joint Information Systems Committee (JISC) and Research Libraries Network (RLN) consultation on Open Access.
2006 OFT report on Commercial Use of Public Information.
2006 RCUK position on issues of improved access to research outputs.
Research Councils UK
The Research Councils are committed to the guiding principles that publicly funded research must be made available to the public and remain accessible for future generations.
Research Councils have agreed that over time the UK Research Councils will support increased open access, by:
building on their mandates on grant-holders to deposit research papers in suitable repositories within an agreed time period, and;
extending their support for publishing in open access journals, including through the pay-to-publish model.
Open Access success
Public Library of Science (PLoS)
Directory of Open Access Journals (DOAJ) lists 3,806 journals as of today.
High impact of OA publications: Harnard (2004) study found no difference in impact between OA and non-OA journals, but there is marked difference in impact from authors who self-archive (SSRN) and those who do not.
Public Library of Science growth
Ray Frost’s publications
2008 RIN Report on academic publishing
The global costs of publishing and distributing articles is£6.4bn
The total UK contribution to all stages of the scholarly communications process amounts to £408m.
Cash for peer review: Universities would break even.
Electronic-only publishing: Global costs would fall by £318m.
Author-Side Publication Fees: Total saving in the global costs of publishing, distribution and access would be £561m.
2009 JISC report on OA
Author-pays models saves £93m in UK alone.
“The costs, benefits and impacts of alternative scholarly publishing models revealed in this study demonstrate that research and research communication are major activities and the costs involved are substantial. Preliminary analysis of the potential benefits of more open access to research findings suggests that returns to research can also be substantial, and that different scholarly publishing models can make a material difference to the returns realised, as well as the costs faced.”
Open Acess and CC
>500 journals under CC-BY100,000,000+ digital objects on the web
Patenting Licensing and Business Models
Trouble with patents
Very difficult to port OSS ideals to the area of patents.
Expensive R&D means that those who apply for a patent will want to recover their costs, few will offer their technology with an open licence.
Heavily competitive area.
The field of patent law is more complex than copyright.
CAMBIA
CAMBIA Plant Molecular Enabling Technology BiOS License
BiOS Mutual Non-Assertion Agreement
BiOS Agreement for Health Technologies
Generic BiOS agreement for patented technologies and knowhow
CAMBIA BIOS Licences
Licensor owns or is licensee of patented materials, and retains control over it.
Grant: global, non-exclusive, royalty-free right to make and use the technology in order to improve technology or sell licensed products from it.
Share-alike viral clause: licensees can sub-licence by keeping the same rights in the licence.
Improvements are allowed, but must be communicated to owner.
Good effort, but clunky, and it does not seem viable at the moment.
Open Access Content
Open SourceKnowledge Management
Open AccessResearch Tools
Science Commons projects
The Biological Materials Transfer Agreement Project (MTA) develops and deploys standard, modular contracts to lower the costs of transferring physical biological materials such as DNA, cell lines, model animals, antibodies and more.
The Neurocommons project is creating an Open Source knowledge management platform for biological research. The software is released under an open source licence (BSD).
Health Commons: Coalition members agree to share data, knowledge, and services under standardized terms and conditions by committing to a set of common technologies, digital information standards, research materials, contracts, workflows, and software.
OS research project
Open Data Licensing and Business Models
It’s the data, stupid!
Trouble with databases
Non-harmonised area of the law: U.S. copyright; EU database right.
Copyright licences have to negotiate potential clashes in protection regimes.
Public sector information: Crown copyright, Ordinance Survey, OPSI, separate licensing regimes.
Commercial and non-commercial use trickier to define.
Public Domain
Click-wrap
Open Database License (OpenDataCommons)
Users can copy, distribute and use the database; to produce works from the database; and to modify, transform and build upon the database; as long as they:
Attribute: You must attribute any public use of the database, or works produced from the database, in the manner specified in the ODbL.
Share-Alike: You must also offer that adapted database under the ODbL.
Keep open: If you redistribute the database, or an adapted version of it, then you may use technological measures that restrict the work (such as DRM) as long as you also redistribute a version without such measures.
Semantic web
Concluding...
