Re: Mandating OA: Don't Let the Best Be the Enemy of the Good

From: Klaus Graf <klausgraf_at_GOOGLEMAIL.COM>
Date: Wed, 3 Dec 2008 01:13:41 +0100

2008/12/3 Stevan Harnad <amsciforum_at_gmail.com>:
> On Tue, Dec 2, 2008 at 1:29 PM, Klaus Graf <klausgraf_at_googlemail.com> wrote:
>>
>> 2008/12/2 Stevan Harnad <amsciforum_at_gmail.com>:
>>
>> As I have shown according German law it is not possible for all
>> researchers
>>
>> to data-crunch digital documents.
>
> Until you show how and why any German researcher cannot do exactly the same
> thing I can do with any peer-reviewed journal article I find on the web, I
> am afraid you have not shown anything at all.

Read carefully

http://archiv.twoday.net/stories/4851871/

and don't ignore that, although I am not a lawyer, I am a copyright
expert in German law.

>
>>
>> As I have shown the button is in Germany illegal
>
> No, I'm afraid you have not *shown* that the (email eprint request) button
> is illegal in Germany. You have merely *said* that it is.

No I have given enough legal arguments at

http://archiv.twoday.net/stories/5193609/

I didn't read from you any substantial legal argument rejecting my
conclusions based on my knowledge of German copyright law.

>>
>> and my few tests make it clear that it is realistic not to speak of 37 %
>> but let us say
>> of 10 %.
>
> The 63%/37% figure comes from the 10,198 journals indexed by Romeo (and this
> includes most of the top international journals). It is not clear what
> sample your "few tests" are based on.

I have given the numbers at

http://archiv.twoday.net/stories/5193609/
http://archiv.twoday.net/stories/5247312/

and for the U of Tasmania repository in this list.

Zurich: 6 requested, not got 5
St. Gallen: 6 requested, not got 6 (read the confirmation of the
repository manager that the success rate is low)
Tasmania: 7 requested, not got 5
Summa summarum: 19 requested, got 3

The button wasn't tested by ROMEO. You are manipulating the facts. If
the success rate of the button is poor you cannot say that the rest of
37 % will be reached by the button.

Klaus Graf
Received on Wed Dec 03 2008 - 01:53:57 GMT

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