Geurilla open access cookbook

James Salsman jsalsman at gmail.com
Thu Jan 24 19:39:57 PST 2013


On Thu, Jan 24, 2013 at 7:40 PM, Ted Smith <tedks at riseup.net> wrote:
>...
> I think that if you are uncomfortable with taking direct action to
> liberate scientific knowledge, you can still be a valuable participant....

A direct action with a sterilized scalpel instead of a shotgun is
still a direct action.

> However, I feel that it's wrong to condemn those who are willing to take
> those risks....

I'm not condemning people willing to participate in civil
disobedience, and I have done so myself on multiple occasions. But the
document as it stands urges a criminal conspiracy in a way that could
ensnare people even tangentially involved without disclosing the risks
in a way that we could say that they would be making an informed
decision to risk persecution. Any person would be more condemned by
the possibility of a felony arrest, conviction, and prison term than
the requirement to consider improving Wikipedia.

> So to conclude: you've presented a good idea, and I will support you if
> you are persecuted for using it....

Nobody is likely to be persecuted for using the US fair use exemptions
allowing people to share copyrighted documents when they are
collaborating on established publications. It's airtight in centuries
of case law and explicit codification.

Perhaps we should be asking if there is a safe yet massive synthesis
between the Cookbook thesis and Wikipedia:Resource_exchange antithesis
here:

1. What collaboration projects would require the fair use of massive
collections of closed scientific documents?

2. Would compiling a version of http://books.google.com/ngrams based
on academic journal publications qualify?

3. Can we organize to do that under a limited liability structure to
insure that nobody gets sent to jail trying?

4. Does someone know a lawyer willing to answer these questions? E.g.,
Lessig? Zittrain? EFFers?

> (I also don't see how the Global South plays into this, and am not sure
> why you mention it.)

Please see Aaron Swartz's July 2008 Guerrilla Open Access Manifesto
("Providing scientific articles to those at elite universities in the
First World, but not to children in the Global South? Itbs outrageous
and unacceptable.")

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