Content Mining (TDM). I analyse Elsevier’s reply and ask whether I am allowed to mine Chemistry « petermr's blog

"Elsevier has replied to my last blog post on their Content Mining (TDM) facility and regulations. I am going to critique these – mainly for the benefit of Universities and policy makers/funders who might think it is a step forward. It isn’t. First a preamble about the TA (Closed) Scholarly publishing industry. This is almost unique in that it provides an essential service on an unregulated monopoly basis. IOW the industry can do what it likes (within the law) and largely get away with. The 'customers' are the University libraries who seem only to care about price and not what the service actually is. As long as they can 'buy' (sorry 'rent') journals they largely don’t seem to care about the conditions of use (and in particular the right to carry out Content Mining). In many ways they act as internal delivery agents and first-line policing (on copyright) for the publishers. This means that the readers (both generally and with institutional subscription) have no formal voice. Railways have to submit to scrutiny and have passenger liaison committees. So do energy providers. Ultimately they are answerable to governments as well as their shareholders. Publishers have no regulation and have effective micromonopolies. Readers have no choice in what they read – there is no substitutability. They can either subscribe to read it or they are prevented by the paywalls. If they have access they can either mine it or they are subject to legal constraints (as in this case). When reading Elsevier’s reply remember that the only constraint on what the Director of Access and Policy has is that they must make money for Elsevier. Nothing else matters. Elsevier can go a very long way in upsetting its readers without losing market. Elsevier has replied through its Directorate of Access and Policy. (This is the one acceptable feature – that there is a clear channel). It used to be called 'Universal Access' but the Orwellian euphemism seems to have gone. The Director is currently Alicia Wise (who also tweets under @wisealic). I treat the Directorate in a polite manner and regard it in the same way as I regard 'Customer Care' on the railways. To me its staff are people employed by Elsevier to maximise their profits by growing the market and limiting damage. They are not my collaborators and we do not share common goals. In many cases they are directly trying to make life difficult for me and other readers ..."