Open@VT

Open Access, Open Data, and Open Educational Resources

Monthly Archives: June 2013

Intellectual Property Strategy by John Palfrey

Intellectual Property Strategy (Update May 14, 2018: This book is now available in an open access edition with additional material.)

John Palfrey’s Intellectual Property Strategy (MIT Press, 2012) is the first book I’ve read on the subject. Having read one of his previous books, Born Digital, and because it is in the same book series as Peter Suber’s Open Access, I suspected openness would be a theme, and I wasn’t disappointed. This review is mostly about that theme, rather than all aspects of the book, so keep that in mind. Palfrey is a well qualified writer on this subject, having taught law at Harvard, practiced intellectual property (IP) law, cofounded several tech startups, and is a venture executive. The book is aimed at CEOs and senior managers, and is short enough that it might be finished on a cross-country flight.

The four areas of IP are patent, copyright, trademark, and trade secret. Palfrey first addresses the prevailing “sword and shield” IP strategy by pointing out that it benefits lawyers more than organizations. He urges readers to “give special consideration to strategies of openness rather than exclusion, especially in the information context” (p. 3).

IP is a nonrival good- more than one party can use it simultaneously. The author points out that IP often gains in value the more that it is used, which is a flaw in the “full exclusion” approach. Palfrey is quite familiar with universities and libraries, and interestingly uses MIT’s OpenCourseWare as an example of using openness to increase assets. However, it’s important to establish ownership rights in order to give IP away (p. 56):

It may seem counterintuitive, but even the strategies of openness that I urge you to consider need to be grounded first in the system of rights in order to work smoothly.

Palfrey spends some time talking about open innovation, that is, using openly available or customer-generated information. For example, Zillow as well as legal publishers Lexis and Westlaw thrive in this environment. He cites a study (PDF) showing that the fair use economy in the U.S. supports hundreds of billions in exports, employs millions, and is growing by 5% annually. Palfrey warns that zealous protectionism can backfire, such as demanding royalties for using the song “Happy Birthday” (a demand that now appears fraudulent rather than protectionist).

Nonprofits as a special case are examined in Chapter 7. The differing missions of for-profits and nonprofits “opens up new possibilities” and can make IP strategy more important. Using libraries as an example, Palfrey suggests digitization in collaboration with for-profit partners, with a limited term of exclusivity during which the library receives royalties. Summarizing, he says (p. 120):

If the default in the for-profit world is to generate maximum revenues from the licensing of intellectual property, the default in the non-profit setting is probably to make intellectual property as broadly available as possible.

There are a few stumbles along the way- Palfrey occasionally uses the term “open access” in a confusingly loose way (p. 89, 105) despite discussing it accurately elsewhere (p. 118), and offers Google Wave (p. 68) as an example of open innovation (oops!). And he suggests that universities license IP in a nonexclusive way (p. 119), lowering fees for greater societal benefit (perhaps I’m too cynical, but I don’t see this happening).

I recommend this book as an introduction to IP in general- it’s a quick and informative read. Intellectual Property Strategy is available in Newman Library, and Palfrey’s book talk is below (beginning at 7:00).

A MOOC at Virginia Tech

The participation of a Virginia Tech faculty member in a recently completed MOOC has been well documented in the Virginia Tech news, a Roanoke Times article, and in a blog about the course.

Tom Sanchez co-taught the TechniCity course with Jennifer Evans-Cowley of Ohio State, which has an agreement with Coursera. Thinking of Kevin Smith’s recent post in which article archiving saved the day for a Duke professor’s MOOC, I e-mailed Tom about the availability of course materials and he was kind enough to respond.

Naturally, materials (like journal articles) that might have cost the students money were avoided. Negotiating for copyright permissions or digging up previous versions were both deemed too time-consuming. The course did use some archived articles (the suggested readings on the course page links to two articles by Evans-Cowley from SSRN). Tom also noted that “we have a Mendeley group set up for the course topic(s), which is also a source of the content.”

While MOOCs are currently dependent on open content (and therefore provide an incentive to archive articles), that may be changing soon. Around the time the course was taking place, Coursera entered an agreement with publishers to provide licensed content to students (with many caveats, as the article notes).

I also asked Tom about the issue of course ownership. University ownership of MOOC content is viewed as a threat by the American Association of University Professors, as recently reported in the Chronicle of Higher Education and Inside Higher Ed. Tom replied, “from what I’m told by the Ohio State people, we are free to use all of the course materials however we’d like. We used several ‘guest’ presentations and Coursera didn’t ask for copyright releases for these. I can imagine this will change over time.”

Thanks again to Tom Sanchez for sharing some of the behind-the-scenes details of the course.

[Update: see my interview with Tom Sanchez in August 2014 that goes into more depth about the course.]

Worth Reading: Easy Steps, Hybrid OA, Elsevier, Jack Andraka

Ross Mounce puts almost everything you need to know in one place with his post Easy Steps Towards Open Scholarship.

I’ve thought from the start that paying to have a single article open access in an otherwise paywalled subscription journal was a bad idea, and the many problems of hybrid open access are detailed nicely by Mike Taylor.

Timothy Gowers- who began the petition against Elsevier called The Cost of Knowledge – posts the resignation of an Elsevier editorial board member. In short, nothing has changed at Elsevier, except that they are now paying editors.

In the “worth viewing” category, the Right to Research Coalition, a student group advocating open access, posts a video conversation between Jack Andraka, 16-year old cancer researcher, and Francis Collins, head of the NIH.

Open Access Journals for Scholarly Societies

A few months ago Stuart Sheiber, the primary architect of Harvard’s open access policies, wrote about why open access is better for scholarly societies.

As he notes, many societies (as well as universities like Virginia Tech) use the word “disseminate” in their mission statement, yet it’s only recently that some are taking a closer look at how dissemination is carried out. It’s been an afterthought, though it should be an integral part of the research process. Obviously, it is far more effective to disseminate knowledge openly than behind a paywall. But removing the paywall leaves the question of a society’s sustainability.

More recently Heather Piwowar has posted a very helpful guide to some of the open access options for journals that her society has been looking into, and Eric Kansa has a great post that takes a wide-ranging look at sustainability for archaeological societies.

Sheiber argues strongly for author-side charges (sometimes called author processing charges or APCs) rather than reader-side charges (subscriptions). I agree that this should provide a more competitive market, largely due to increased transparency. And though author-side charges are working well for a number of journals, I have mixed feelings about them. Some fields don’t get much grant support, so charges can’t be written into them. Though Virginia Tech has an open access publishing fund to support these charges, most universities don’t. Those who do have grants may want to use the money for things other than publishing. Some funders may not allow charges to be covered, instead requiring article archiving.

Support for the costs of publishing is not limited to subscriptions or author-side fees, though. There are many possible funding models. One option is subsidized publishing from the university. Virginia Tech’s University Libraries is now promoting its journal publishing services. The library hosts the journal, and the Open Journal Systems (OJS) software allows editors to manage submissions and peer review (OJS also allows societies to charge author-side fees if desired).

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