Closed-access data from open-acces publications

Via Hublog:

"Thomson ISI to track web-based scholarship with NEC's CiteSeer technology [via Open Access News ]
I wonder, if you publish a paper under a (Creative Commons, say) open-access licence that prohibits commercial usage, whether that would preclude companies like Thomson from restricting access to/selling the citation data they extract."

Interesting question, it would be nice to see the consequences of someone testing this :)


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Creative Commons and Citations: Try the EFF

Depends on many factors. Are you an employee or have you assigned your rights?
You need counsel if you want to mount this challenge. Consider contacting http://www.eff.org/ for suggestions.

For some interesting reading, try this case:
Community for Creative Non-Violence et al. v. Reid, 490 US 730 (1989).

You can find that case, and most (all?) Supreme Court cases via this link:
http://www.findlaw.com/casecode/supreme.html

Finally, try getting ahold of Lawrence Lessig. I think he's still associated with EFF (above, or as lawyers say, "supra").


Thanks

The implications of the legal issues surrounding copyright often give me a headache :) Nonetheless thanks for providing the pointers, if I have time I'll look into it a bit more.

To challenge a company like ISI making a profit off a non-commercial use scientific paper would require having the copyright on that paper. In almost all cases the publisher of a journal requires you to give them copyright of your paper *before* they will publish it.

I can only imagine it will be some time before open access journals become a significant force in scientific publishing.