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Comment: The publisher's response (Score 5, Informative) 82

From http://blogs.nature.com/ofsche...

"...NPG’s commitment to open access has been questioned, following our request that authors provide a formal waiver of Duke University’s open access policy. NPG is supportive of open access. We encourage self-archiving, and have done so since we implemented our policy in 2005:

'When a manuscript is accepted for publication in an NPG journal, authors are encouraged to submit the author’s version of the accepted paper (the unedited manuscript) to PubMedCentral or other appropriate funding body’s archive, for public release six months after publication. In addition, authors are encouraged to archive this version of the manuscript in their institution’s repositories and, if they wish, on their personal websites, also six months after the original publication. ' ...
We are requesting waivers from Duke University authors, because of the grant of rights asserted in its open access policy: 'In legal terms, each Faculty member grants to Duke University a non-exclusive, irrevocable, royalty-free, worldwide license to exercise any and all rights under copyright relating to each of his or her scholarly articles, in any medium, and to authorize others to do so, provided that the articles are not sold. The Duke faculty author remains the copyright owner unless that author chooses to transfer the copyright to a publisher.'

If we do not request a waiver, the general language of this policy means that Duke University has the rights not only to archive the manuscript in Dukespace, but also to distribute and publish to the world at large the final version of a subscription article freely, in any medium, immediately on publication. We started requesting waivers recently, following an enquiry from a Duke University author." [emphasis added]

Since the issue seems to be about publishing in the open immediately vs. waiting 6 months, asking for a waiver of all moral rights seems like using a cannon to swat a fly.

Comment: Step1: Don't ignore instructions from judges (Score 2) 41

by davide marney (#46523159) Attached to: Judge Tells Feds To Be More Specific About Email Search Warrants

This judge has dealt with this issue in other cases, and in fact had previously told the government exactly what it should do in order to avoid the 4th Amendment problems of general warrants. FTA:

"[In a previous ruling, the Court] warned the government to “adopt stricter search parameters in future applications” or the Court would be "unwilling to issue any search and seizure warrants for electronic data that ignore the constitutional obligations to avoid ‘general’ electronic warrants.” Facebook Opinion, 2013 WL 7856600, at *8. The Court recommended several different approaches, including key word searches, using an independent special master to conduct searches, or segregating the people who are performing the search from those who are conducting the investigation.""

The government attorneys in this case are hopefully looking for a new gig. You don't ignore a judge and feed him boilerplate when he's already on to you.

Comment: A tale of two standards (Score 4, Insightful) 362

by davide marney (#46380533) Attached to: Google Funds San Francisco Bus Rides For Poor

"in Oakland, according to reports from IndyBay, as protesters unfurled two giant banners reading "TECHIES: Your World Is Not Welcome Here" and "Fuck off Google", "a person appeared from behind the bus and quickly smashed the whole of the rear window"

"So we'll continue to work with the city on these fees, and in the meantime will fund MUNI passes for low income students [an existing program] for the next two years.'"

One of these groups is judged by our society as being "evil" and the other as "progressive".

Comment: Re:A Defeat for the Constitution (Score 1) 380

by davide marney (#46237257) Attached to: Rand Paul Files Suit Against Obama Over NSA's Collection of Metadata

No, he's right, the 17th Amendment has turned the Senate, which was originally intended to represent state vs. state, into a second House of Representatives, where Senators are simply elected at-large. This was a huge weakening in the careful balance of power that existed between the states and the federal government.

The counter-argument is any semblance of a balance of power between the states and the federal government was thrown out the door anyway by the Civil War. The northern states did not allow the southern states to withdraw from the union, beat them in the war, and then dictated the terms by which they could rejoin (their state constitutions had to be rewritten.)

Comment: Re: (Score 2) 380

by davide marney (#46237141) Attached to: Rand Paul Files Suit Against Obama Over NSA's Collection of Metadata

You've got the right concept (separation of POWERS), but the wrong adversaries (church and state). The church has no civil power at all. The separation of it from the state is to protect the church from being corrupted by the state.

The adversaries the founders had in mind were the co-equal branches of government: executive, legislative, and the court. Each of these branches does have significant power.

Comment: Re: (Score 2) 387

by davide marney (#46134531) Attached to: Should Everybody Learn To Code?

A good point. When I took geometry in HS I didn't like it and resisted learning it. It all seemed like just a bunch of arbitrary axioms that one memorized in order to solve puzzles, to my way of thinking. Later on in my education I ran across Euclid's Elements, and the way he put those axioms together into a logical system was a thing of beauty and elegance that I understood intuitively. Same content, but I only had the aptitude to understand it one way, but not the other.

Comment: Actually, Windows is partly to blame here (Score 2) 197

by davide marney (#46089619) Attached to: FileZilla Has an Evil Twin That Steals FTP Logins

There is no equivalent in the Windows world to the signed source repositories of Linux. Windows keeps itself updated through signed updates, but does nothing about the other thousands of applications and libraries that are installed. There's probably a good reason why this rogue FTP app isn't in a repository, those evil library files would have to be included in the dependency manifests for all to see. These things survive in Windows because users are forced to install everything from the untrusted web.

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