This document discusses open science business models and licensing. It begins with a word of caution about openness and business realities. It then covers open source licensing models including copyleft licenses. Open science principles are discussed along with licensing models for scientific outputs such as copyright, patents, and data. The document also discusses the growth of Creative Commons licensing and open access developments and business models. It analyzes licensing approaches for patents, databases, and open data, concluding with a discussion of open science research projects and the semantic web.

2. Open Science Business
Models
Andrés Guadamuz
SCRIPT Centre for Research in IP and
Technology Law
University of Edinburgh

3. [Insert apology here]

4. Openness

5. A word of caution...

6. A word of caution...

7. A word of caution...

8. A word of caution...

9. A word of caution...

10. A word of caution...

11. Business realities

12. Open source
Use, redistribution,
modification, access of
source code.
Sharing information
Access to common
resources
Communicating
improvements to the
community

13. Copyleft
“2(b) You must cause any work that you distribute or
publish, that in whole or in part contains or is derived from
the Program or any part thereof, to be licensed as a whole
at no charge to all third parties under the terms of this
License.” GPL v2.

14. Licence ecology
Copyleft Non-copyleft Hybrid
Creative
GNU GPL Mozilla Licence
Commons
EUPL BSD Licence

15. Open Science

16. Science is open

17. Open science
“Open science is the
application of open
source software
licensing principles and
clauses to protect and
distribute the fruits of
scientific research.” Y.T.

18. Scientific outputs by IP
Other/No
Copyright Patents Database right
protection
•Notes •Brands
•Publications •Software •Materials
•Reports •Biotechnology •Data •Plant varieties
•Data •Processes •Databases •Genetic banks
•Software •Methods •Data
•STLTWP

19. Licensing models
Copyright Open Source, CC, Click-Use, PD
Patents Open Source, BIOS, IBM
Data PD, Contract, CC, ODbL
Other Contract, non-disclosure, MTAs

20. Copyright Licensing

21. Spectrum of rights

22. Core Licensing Suite:
Creator/Licensor chooses licence options
Attribution: Every CC licences allows the world to
copy and distribute a work provided that the
licensee credits the creator/licensor.
The author may include these other elements:
NonCommercial: licensees can use the work for
non-commercial purposes.
No Derivatives: the work cannot be modified.
ShareAlike: the work can be copied, modified
and distributed if the author releases the
derivative under the same licence.

23. Types of licence

24. Simple License Generator

25. Human-Readable Lawyer-Readable Machine-Readable
Commons Deed Legal Code Digital Code
<a rel="license" href="http://
creativecommons.org/licenses/by/2.5/
scotland/">
<img alt="Creative Commons License"
style="border-width:0" src="http://
i.creativecommons.org/l/by/2.5/
scotland/88x31.png" />
</a>
<br />This work is licensed under a
<a rel="license" href="http://
creativecommons.org/licenses/by/2.5/
scotland/">Creative Commons
Attribution 2.5 UK: Scotland License</
a>.

26. Licence growth

27. If you liked CC, you may also
like...
CCPlus: CC+ is CC license + Another agreement.
CC0: “affirmer” waives all of his or her copyright and
neighboring and related rights in a work, to the fullest
extent permitted by law.
ccREL: Creative Commons standard Rights Expression
Language and machine-readable metadata.
Science Commons: Establishing CC within the scientific
community.

28. Open Access Business
Models

29. Manchester Manifesto
“We recognise that innovation has an essential role in
economic development, but its use for the pursuit of profit
should not override, and ideally should not conflict with,
achievement of welfare goals and scientific progress.
Scientific information, freely and openly communicated,
adds to the body of knowledge and understanding upon
which the progress of humanity depends. Information
must remain available to science and this depends on
open communication and dissemination of information,
including that used in innovation.”

30. Open access definition
“Open access” (OA) is free online access. OA literature is
not only free of charge to everyone with an internet
connection, but free of most copyright and licensing
restrictions. OA literature is barrier-free literature produced
by removing the price barriers and permission barriers that
block access and limit usage of most conventionally
published literature, whether in print or online.”
Peter Suber

31. Open Access developments
Directive 2003/98/EC on the re-use of public sector
information (PSI).
2005 Joint Information Systems Committee (JISC) and
Research Libraries Network (RLN) consultation on Open
Access.
2006 OFT report on Commercial Use of Public
Information.
2006 RCUK position on issues of improved access to
research outputs.

32. Research Councils UK
The Research Councils are committed to the guiding principles
that publicly funded research must be made available to the public
and remain accessible for future generations.
Research Councils have agreed that over time the UK Research
Councils will support increased open access, by:
building on their mandates on grant-holders to deposit research
papers in suitable repositories within an agreed time period,
and;
extending their support for publishing in open access journals,
including through the pay-to-publish model.

33. Open Access success
Public Library of Science (PLoS)
Directory of Open Access Journals (DOAJ) lists 3,806
journals as of today.
High impact of OA publications: Harnard (2004) study
found no difference in impact between OA and non-OA
journals, but there is marked difference in impact from
authors who self-archive (SSRN) and those who do not.

34. Public Library of Science
growth

35. Ray Frost’s publications

36. 2008 RIN Report on
academic publishing
The global costs of publishing and distributing articles is
£6.4bn
The total UK contribution to all stages of the scholarly
communications process amounts to £408m.
Cash for peer review: Universities would break even.
Electronic-only publishing: Global costs would fall by £318m.
Author-Side Publication Fees: Total saving in the global costs
of publishing, distribution and access would be £561m.

37. 2009 JISC report on OA
Author-pays models saves £93m in UK alone.
“The costs, benefits and impacts of alternative scholarly
publishing models revealed in this study demonstrate that
research and research communication are major activities
and the costs involved are substantial. Preliminary analysis
of the potential benefits of more open access to research
findings suggests that returns to research can also be
substantial, and that different scholarly publishing models
can make a material difference to the returns realised, as
well as the costs faced.”

38. Open Acess and CC
>500 journals under CC-BY
100,000,000+ digital objects on the web

39. Patenting Licensing
and Business Models

40. Trouble with patents
Very difficult to port OSS ideals to the area of patents.
Expensive R&D means that those who apply for a patent
will want to recover their costs, few will offer their
technology with an open licence.
Heavily competitive area.
The field of patent law is more complex than copyright.

41. CAMBIA
CAMBIA Plant Molecular Enabling Technology BiOS
License
BiOS Mutual Non-Assertion Agreement
BiOS Agreement for Health Technologies
Generic BiOS agreement for patented technologies and
knowhow

42. CAMBIA BIOS Licences
Licensor owns or is licensee of patented materials, and retains
control over it.
Grant: global, non-exclusive, royalty-free right to make and use the
technology in order to improve technology or sell licensed products
from it.
Share-alike viral clause: licensees can sub-licence by keeping the
same rights in the licence.
Improvements are allowed, but must be communicated to owner.
Good effort, but clunky, and it does not seem viable at the
moment.

44. Open Access Content
Open Source Open Access
Knowledge Management Research Tools

45. Science Commons projects
The Biological Materials Transfer Agreement Project (MTA)
develops and deploys standard, modular contracts to lower the
costs of transferring physical biological materials such as DNA, cell
lines, model animals, antibodies and more.
The Neurocommons project is creating an Open Source
knowledge management platform for biological research. The
software is released under an open source licence (BSD).
Health Commons: Coalition members agree to share data,
knowledge, and services under standardized terms and conditions
by committing to a set of common technologies, digital
information standards, research materials, contracts, workflows,
and software.

46. OS research project

47. Open Data Licensing
and Business Models

48. It’s the data, stupid!

49. Trouble with databases
Non-harmonised area of the law: U.S. copyright; EU
database right.
Copyright licences have to negotiate potential clashes in
protection regimes.
Public sector information: Crown copyright, Ordinance
Survey, OPSI, separate licensing regimes.
Commercial and non-commercial use trickier to define.

50. Public Domain

51. Click-wrap

52. Open Database License
(OpenDataCommons)
Users can copy, distribute and use the database; to produce works
from the database; and to modify, transform and build upon the
database; as long as they:
Attribute: You must attribute any public use of the database, or
works produced from the database, in the manner specified in the
ODbL.
Share-Alike: You must also offer that adapted database under the
ODbL.
Keep open: If you redistribute the database, or an adapted version
of it, then you may use technological measures that restrict the
work (such as DRM) as long as you also redistribute a version
without such measures.

53. Semantic web

54. Concluding...

55. a.guadamuz@ed.ac.uk
CC-BY-SA