How to get every academic paper ever published into an open-access repository, in one easy step. #f2i
— Cory Doctorow (@doctorow) October 10, 2015
Until a couple decades ago, virtually every university in America had work-for-hire arrangements with their faculty. #f2i
— Cory SPOOKTorow (@doctorow) October 10, 2015
These faculty, therefore, didn't hold the copyright they nominally assigned to the academic publishers over the past century. #f2i
— Cory SPOOKTorow (@doctorow) October 10, 2015
Virtually everything behind academic publishers' paywall is therefore infringing, and subject to strict liability. #f2i
— Cory SPOOKTorow (@doctorow) October 10, 2015
Get one university, a Big 10 with sovereign immunity, to bring suit against the major academic publishers. #f2i
— Cory SPOOKTorow (@doctorow) October 10, 2015
The uni could limit itself to dead faculty without intact estates, so no risk of publishers suing the academics for indeminification. #f2i
— Cory SPOOKTorow (@doctorow) October 10, 2015
The university seeks $150,000 per paper, per download (DMCA statutory damages). #f2i
— Cory SPOOKTorow (@doctorow) October 10, 2015
Thanks to copyright extension (not a phrase you'll see me type often!) we know that all those papers are still in copyright. #f2i
— Cory SPOOKTorow (@doctorow) October 10, 2015
The total damages would exceed the planet's total GDP several times over. #f2i
— Cory SPOOKTorow (@doctorow) October 10, 2015
The university therefore offers to settle with the publishers: "Put everything in open access and we'll call it even." #f2i
— Cory SPOOKTorow (@doctorow) October 10, 2015
To stir the pot, start by sending registered letters to the publishers' insurers, warning them that this is a potential liability. #f2i
— Cory SPOOKTorow (@doctorow) October 10, 2015
Job done. #f2i
— Cory SPOOKTorow (@doctorow) October 10, 2015
@doctorow Full disclosure: I got this idea from @mrbobbyg's wife whose name, shamefully, I cannot remember (nor locate online)
— Cory SPOOKTorow (@doctorow) October 10, 2015
But, for the record, she is freaking brilliant.
— Cory SPOOKTorow (@doctorow) October 10, 2015