I suppose it should warm my heart when interest groups deploy libertarian rhetoric. At the very least it’s a sign that libertarian themes resonate with policymakers, which is a hopeful sign. But despite their best efforts to sell the issue in libertarian terms, I didn’t find this very persuasive:
Recent initiatives have been floated that would expropriate from nonprofit and commercial journals results of their work in conducting peer review of authors submissions — if the authors’ research was funded by the government. The government would then post these articles for free use on the Internet and in direct competition with the journals from which the articles are taken. The expropriation of the journals’ contribution is being proposed in spite of the fact it is the publisher and not the government who conducts the peer review.
This issue seems very simple to me: if I’m going to be forced as a taxpayer to fund a given scientist’s research, I shouldn’t have to pay a second time to see the results of that research. The effect of such a policy on the publishing industry is really beside the point. Nobody is forcing scientific journals to accept papers based on government-funded research. If they accept only privately-funded research, then they can set any policies they like regarding public access. But if a journal is going to publish research funded with my tax dollars, I shouldn’t have to pay a second time to read the results.
Things get even more specious here (PDF), where John Conyers charges that mandating public disclosure of research results “would send a mixed message to our trading partners about the importance of intellectual property rights.” The “intellectual property rights” in question belong to the researchers, at least until they sign contracts assigning rights to the publishers. Researchers are entitled to assign or not assign those “intellectual property rights” to whomever they want, and it strikes me as perfectly reasonable and appropriate for the government to make it a condition of receiving federal funding that the researchers not sign any contracts giving exclusive rights to another private party.
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.