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[liberationtech] [HSF] Freedom of speech takes a back seat to Title 17 of the US Code[OT]

Eugen Leitl eugen at leitl.org
Tue Jan 15 03:09:13 PST 2013


----- Forwarded message from Edward Bender <ebender001 at charter.net> -----

From: Edward Bender <ebender001 at charter.net>
Date: Mon, 14 Jan 2013 16:23:50 -0600
To: HSF List <OpenHeart-L at lists.hsforum.com>
Subject: Re: [HSF] Freedom of speech takes a back seat to Title 17 of the US
	Code[OT]
User-Agent: Microsoft-Entourage/12.35.0.121009
Reply-To: OpenHeart-L at lists.hsforum.com

The next paragraphs might be blasphemy.

Let me say first that I don¹t buy into that whole ³you didn¹t build that²
Obama-type rhetoric.  I think that was really a Freudian-slip on his part,
allowing the listener into the workings of his thoughts and attitudes.  I
think that what is paid for is a settled account, and that we can not
ascribe future debt to individuals or businesses as an excuse for levying
taxes (redistributing wealth).

Having said that, let me state that my thesis is that, through direct and
indirect means, state sponsored research is made possible by all of us.  It
is the fuel that allows the ideas and theories of authors to travel into the
light of day.  It is proximate support.  That support allows the geniuses
among us (many on this forum) to ³push the human race forward.²

Please examine the life cycle of a scholarly paper.  It starts with an idea.
It is supported by the hierarchy of the academic department, funds are
found, experiments performed or data collected.  It is written and
re-written, and submitted to a journal for publication.  How much do you pay
to the publisher for the right of publication?  It is reviewed by a panel of
³experts² and given thumbs up or thumbs down with the potential for
acceptance after revision.  Those interested in the subject read the paper,
perhaps comment on it, perhaps being inspired to do their own experiments or
collect their own data.

What role does a publisher play?  They certainly collect the money.  I did a
pro forma for a presentation I wanted to but never gave to a company in
Silicon Valley, looking at how much Elsevier made annually on the Annals of
Thoracic Surgery.  It was impossible to say exactly, but I think it is
somewhere between $825,000 and $3.2 million, depending on the number and
type of subscriptions and advertising.

So here is where I blaspheme.  Why do we need publishers? Why can¹t we as
experts self-publish our journals?  What added value does a publishing house
provide to science and medicine?  They hold knowledge hostage.  They silo
and segment knowledge making it more cumbersome to access.  They suck up
huge sums of money.  Is there still a Journal of Mechanical Circulatory
Support?  If not, why.  If so, then why aren¹t I seeing its articles?  What
are/were the pressures that caused success or failure?  Were you given equal
footing with other publications? Was it a victim of the impact factor?

I propose that we do to scholarly journals what Steve Jobs did to music
publishers: make an iTunes-like store.  Articles are songs, journals are
CD¹s, and publishers become much less important and influential - yet they
still live.  There are no more paper journals, only files.  And, breaking
free of paper, we can routinely add rich media to our articles to enhance
clarity and understanding.  No more extra payment to Lippincott for a color
photo in the article.  The cost of digital storage is so cheap, that a
year¹s worth of a journal¹s content would cost less than $1 per month.  If
you subscribe then you get full text access.  If you don¹t, then you buy an
article for $1.00.  Sometimes even a heart surgeon needs an article from the
Annals of Internal Medicine, and, believe it or not, many doctors do not
have access to an ³institutional² subscription.  There is a lot of
healthcare provided in towns with populations < 50,000 people and not in a
university.  

The new ³apps² put forth by publishing houses are attempts to squelch
evolution, not enhance it.  It is a middle aged parent trying to be ³hip²
but it just doesn¹t fly.  It is your father¹s internet, and it is the same
old crap.

In case your wondering, I have the infrastructure all worked out.  You will
love it more than getting a fresh new JTCVS in the mail every month.

Ed Bender, MD


On 1/14/13 1:56 PM, "Michael Firstenberg" <msfirst at gmail.com> wrote:

> As I recall, research publications that are supported under an NIH or similar
> funded grant is supposed to be available for free
> Most, if not all of us, hopefully thru our hospital affiliations have some
> degree of "free access" to mainstream medical literature - although clearly
> not all.
> Many major Journals do make their content free after a peroid of ~6-12 months
> Most authors are allowed to provide free PDF copies of their work to those who
> request it
> Much of the article charges that you mention tend to be related to industry
> activities that want to use the data in marketing
> ... and while you and I may had already 'paid' for the research (I assume you
> mean taxes and donations) - we have not paid for the storage and distribution
> of the results or all of the work that goes into transforming your MSWord file
> into an acceptable PDF layout.
> 
> yes - this is more complex than an answer over the phone - but published
> material is copyrighted and while the laws are, according to some, out-dated
> by digital standard - it is the law and you are more than welcome to propose a
> solution to the protection and rights of intellectual property.
> 
> Go ask Rolling Stone or the Times (where this article was published) for a
> Free copy of an article that they published and see what they say.....
> 
> I am interested in your response when you get back to a computer......
> 
> -m
> 
> 
> 
> On Mon, Jan 14, 2013 at 2:43 PM, Edward Bender <ebender001 at charter.net> wrote:
>> This deserves a response that can't be well written on a phone.  However, as
>> an intro, you and I have paid for this research.  Should you pay Elsevier $20
>> for a current article?
>> Ed Bender, MD
>> 
>> Sent from my iPhone
>> 
>> On Jan 14, 2013, at 1:34 PM, Michael Firstenberg <msfirst at gmail.com> wrote:
>> 
>>> Ed,
>>> Being the computer guru that you are - I have a few questions....
>>> you, your company, institution whomever invests millions in hardware,
>>> software, support, resource to populate and maintain a database for some
>>> cause - and all of a sudden someone liberates all of that data and says it
>>> must be free.  Who is suppose to pay for the support and upkeep of the
>>> system - or do you prefer a Facebook/Google type approach of targeted
>>> advertising bombarding everyplace you visit.  Or should we just raise taxes
>>> more to pay for some of these systems in which a nominal support fee was
>>> charged to access the data?
>>> 
>>> Obviously these issues are a little more complex and this case is beyond
>>> tragic - to lose such a brilliant mind - but also remember, as a music
>>> fan/historian - many brilliant minds are lost before their time due to
>>> mental health related issues.
>>> 
>>> -michael
>>> 
>>> 
>>> On Mon, Jan 14, 2013 at 1:38 PM, Edward Bender <ebender001 at charter.net>
>>> wrote:
>>>> http://www.nytimes.com/2013/01/14/technology/aaron-swartz-a-data-crusader-a
>>>> nd-now-a-cause.html
>>>> 
>>>> This is as tragic as it gets.  Even the company whom he invaded did not
>>>> want to press charges (he worked with them also), but a minor league
>>>> prosecutor, under the guise of self-righteous legal fundamentalism (read
>>>> Taliban-like dogma) mightily contributed to the death of this poor genius.
>>>>  What is right about this?  It may be legal, but it is certainly not right.
>>>> 
>>>> Ed Bender, MD
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----- End forwarded message -----
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Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
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