Étiquette : Mélanie Dulong de Rosnay

Publié le

Open Access Models, Pirate Libraries and Advocacy Repertoires: Policy Options for Academics to Construct and Govern Knowledge Commons

Author : Melanie Dulong de Rosnay

In this article, I propose exploring open access publishing through the lenses of Knowledge Commons. Instead of focusing on users’ rights to access and reuse the output under open copyright licensing conditions, I study the governance of the academic publishing ecosystem, and its political economy, technical and labour infrastructure. Based on selected examples, I discuss how they comply with the concept of the commons.

I use analytical frameworks from the Ostromian literature of the governance of Knowledge Commons to provide insights on the various steps of academic publishing work as a process. I then analyse a scope of open access publishing projects, including gold, green, diamond, platinum and pirate libraries. Finally, I draw from practices a repertoire of advocacy actions and I make recommendations for academics to develop policies supporting Academic Commons.

URL : Open Access Models, Pirate Libraries and Advocacy Repertoires: Policy Options for Academics to Construct and Govern Knowledge Commons

DOI : https://doi.org/10.16997/wpcc.913

Publié le

Digital commons

Authors : Mélanie Dulong de Rosnay, Felix Stalder

Commons are holistic social institutions to govern the (re)production of resources, articulated through interrelated legal, socio-cultural, economic and institutional dimensions. They represent a comprehensive and radical approach to organise collective action, placing it “beyond market and state” (Bollier & Helfrich, 2012).

They form a third way of organising society and the economy that differs from both market-based approaches, with their orientation toward prices, and from bureaucratic forms of organisation, with their orientation toward hierarchies and commands. This governance model has been applied to tangible and intangible resources, to local initiatives (garden, educational material), and to resources governed by global politics (climate, internet infrastructure).

Digital commons are a subset of the commons, where the resources are data, information, culture and knowledge which are created and/or maintained online. The notion of the digital commons is an important concept for countering legal enclosure and fostering equitable access to these resources.

This article presents the history of the movement of the digital commons, from free software, free culture, and public domain works, to open data and open access to science. It then analyses its foundational dimensions (licensing, authorship, peer production, governance) and finally studies newer forms of the digital commons, urban democratic participation and data commons.

URL : Digital commons

DOI : https://doi.org/10.14763/2020.4.1530

Publié le

Openness and Licensing

Author : Melanie Dulong de Rosnay

This chapter traces the evolution of legal conditions meant to support the production and flourishing of “commons-based peer production” in a diversity of fields covered by copyright, mostly in the digital realm.

From software to creative works, including scientific articles, cultural heritage, public sector information, and open data, a wealth of digital, knowledge, intellectual or information commons can be peer produced.

The rules which guarantee that they can remain in the commons, under open conditions, have been the subject of heated debates about the politics of technology and heavy legal fine-tuning along the years, opposing different definitions and nuances in openness reflecting underlying philosophies within the peer production political economy, such as liberal and commons-based approaches.

URL : https://halshs.archives-ouvertes.fr/halshs-02986892v1

Publié le

The legal and policy framework for scientific data sharing, mining and reuse

Author : Mélanie Dulong de Rosnay

Text and Data Mining, the automatic processing of large amounts of scientific articles and datasets, is an essential practice for contemporary researchers. Some publishers are challenging it as a lawful activity and the topic is being discussed during European copyright law reform process.

In order to better understand the underlying debate and contribute to the policy discussion, this article first examines the legal status of data access and reuse and licensing policies. It then presents available options supporting the exercise of Text and Data Mining: publication under open licenses, open access legislations and a recognition of the legitimacy of the activity.

For that purpose, the paper analyses the scientific rational for sharing and its legal and technical challenges and opportunities. In particular, it surveys existing open access and open data legislations and discusses implementation in European and Latin America jurisdictions.

Framing Text and Data mining as an exception to copyright could be problematic as it de facto denies that this activity is part of a positive right to read and should not require additional permission nor licensing.

It is crucial in licenses and legislations to provide a correct definition of what is Open Access, and to address the question of pre-existing copyright agreements. Also, providing implementation means and technical support is key. Otherwise, legislations could remain declarations of good principles if repositories are acting as empty shells.

URL ; https://books.openedition.org/editionsmsh/9082