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Comments on Designing the Microbial Research Commons: Digital Knowledge Resources Katherine J. Strandburg New York University School of Law PERSPECTIVE FOR COMMENTS: IMPORTANCE OF SOCIAL NORMS AND RESEARCHER PREFERENCES HOMO SCIENTIFICUS PREFERENCES: 1) Performing research 2) Autonomy in research direction 3) Learning results of the collective research enterprise Scarce resources needed to satisfy preferences: - Funding - Attention of others Access to these resources is mediated by publication – if OA is to succeed it must align with these preferences I. OA JOURNALS THREE PATHS TO OA Open Access Journals (perhaps based at universities) Existing Journal Adoption of Open Access approach Parallel OA manuscript repositories and “proprietary” journals THE IMPORTANCE OF IMPACT FACTOR Emphasis on high status publications exacerbated by recent trend to quantify publication records using impact factor Table 3 (p. 67): IF of OA journals: 4.0 (with range up to 9) IF of restrictive journals: 5.77 (with range up to 50!!) IF of 50 trumps long-term belief in value of OA OA models cannot depend on scientists foregoing publication in high impact journals IF is path dependent and sticky – network effects, preferential attachment, “Matthew effect” Scientists unlikely to “vote with their feet” for the OA mode OTHER BARRIERS TO UNIVERSITY PUBLISHED OA JOURNALS Problems with the law review model Proliferation of journals b/c each university needs 1 (or 2 or 5) Overly fine-tuned ranking of journals (rather than post hoc ranking based on citation) over-emphasis on “placement” Grad students are not law students No need for publication venue No time for journal editing functions Is law review publication really faster? Anecdotally, physics is 3 to 6 months Microbial research? Not convinced of synergies with university educational mission JOURNAL ADOPTION OF OA? Unlikely b/c of bargaining power due to IF as discussed above IP laws protect proprietary approaches and reform is difficult Some movement is seen, but direct pressure on high impact journals is difficult OA “tier” (e.g. Springer “Open Choice”) problematic if payment competes with spending on research Journal versions of OA not entirely satisfactory MANUSCRIPT REPOSITORIES Circumvent the need to get journals to change their practices Need journal acquiescence only Separate things that universities can do easily and well from things that are more difficult or harder to dislodge Good manuscript and good data mining, etc. Hard copy printing, credentialing service Deposit can be mandated by funding agencies to grant recipients Solves collective action problem Aligns incentives MANUSCRIPT REPOSITORIES NIH Experience Journals do not prohibit deposit in such repositories Federal Research Public Access Act of 2009 Recently introduced in the Senate Mandates agencies to ensure open access deposit of peerreviewed manuscripts < 6 months after publication Consistent with Obama administration Open Government push Mitigates concerns with database protection statutes in Europe No more sole source Could integrate with material/data repositories Users of data must deposit manuscripts data and materials associated with manuscripts must be deposited WHAT ABOUT PROPRIETARY JOURNALS? May adapt to “service provider” role page charges Hard copies Archival version “better” or “premium” database services (competing with the OA repository) May not be commercially viable Scientific societies Universities “Knowledge hubs” Could replace them, take them over, partner Manuscript repositories = path to some OA outcome II. DATA DEPOSITORIES Similar to issue of material and research tool sharing (see earlier publications) Collective action problem – temptation to withdraw w/o contributing Scientist A II. DATA DEPOSITORIES Share Other Scientists Share Don't Share U(N)+M+R-C U(1)+M+R-C Don't Share U(N)+E–P U(1) +E-P U(.): value of the database, depends on N M: first mover advantage regarding A’s data E: incremental value of exclusive use of A’s data R: reputational value of contributing, including attribution P: penalty for not contributing C: cost (including opportunity cost) of contributing Contribute iff: R+P-C > E-M: U(N) doesn’t matter! II. DATA DEPOSITORIES • Roughly speaking, then, success of depository depends on R+P-C > E-M • Reduce costs!! (Cf. “Empty Archives,” Nature, 9/10/09) – Easy formats – No direct fees • Provide rewards for contributing (e.g. attribution) – Note these rewards must compete w/ rewards for sharing informally with collaborators • Provide penalties for non-contribution (funder requirements to contribute) • Depositories work best for interdependent data II. DATA DEPOSITORIES • Moral Hazard and Industry Scientists – Withdraw w/o contributing problems may be much greater for industry scientists • Different motivations • Less concern w/ reputation, funding, etc. • Greater access to secrecy – Should we be concerned? • If so, may want to consider semi-commons approach • Fee for service or data for data