Elsevier's Public Image Problem

This is a comment on
"Horizon 2020:
A €80 Billion Battlefield for Open Access"
an article in AAAS's ScienceInsider which notes that:

"Elsevier's embargoes for green open access currently range from 12 to 48 months"

First, it has to be clearly understood that the existing EU mandate (i.e., requirement) that the EU is now proposing to extend to all of the EU's €80 Billion's worth of funded research -- while something similar is being proposed for adoption in the US by the Federal Research Public Access Act (FRPAA) as well as by the currently ongoing petition to the White House (rapidly nearing the threshold of 25,000 signatories) -- is a mandate for the Green OA self-archiving, by researchers, of the final drafts of articles published in any journal. (What is to be mandated is not Gold OA publishing: You cannot require researchers to publish other than in their journals of choice, nor require them to pay to publish.)

And although some publishers do over-charge, and do lobby against Green OA mandates, the majority of journals (including almost all the top journals) have already formally confirmed that their authors retain the right to self-archive their final drafts immediately upon publication -- not just after an embargo period has elapsed.

Moreover, that majority of journals that have formally endorsed immediate, un-embargoed Green OA include all the journals published by the two biggest journal publishers, Springer and Elsevier! The only difference is that unlike Springer, Elsevier has just recently tried to hedge its author rights-retention policy with a clause to the effect that authors retain the right to self-archive if they wish but not if they must (i.e., not if it is mandated!). (See Elsevier's "Authors' Rights & Responsibilities")

(Curious "right," that one may exercise if one wishes, but not if one must! Imagine if citizens had the right to free speech but not if it is required (e.g., in a court of law). But strange things can be said in contracts...)

Elsevier is having an increasingly severe public image problem: It is already widely resented for its extortionately high prices, hedged with "Big Deals" that sweeten the price package by adding journals you don't want, at no extra charge. Elsevier is also itself the subject of an ongoing boycott petition (with over 10,000 signatories) because of its pricing policy.

So Elsevier cannot afford more mud on its face. Elsevier has accordingly taken a public, formal stance alongside Springer, on the side of the angels regarding Elsevier authors' retained right to do un-embargoed Green OA self-archiving of their final drafts on their institutional websites -- but Elsevier alone has tried to hedge its progressive-looking stance with the clause defining the authors' right to exercise their retained right only if they are not required to exercise it..

Elsevier's cynical attempt to hedge its green rights-retention policy against OA mandates will no doubt be quietly jettisoned once it is publicly exposed for the cynical double-talk it is. Meanwhile, Elsevier authors can continue to exercise their immediate, un-embargoed self-archiving rights, enshrined in Elsevier's current rights agreement, with hand on heart, declaring that they are self-archiving because they wish, not because they must, even if it is mandated. A mandate, after all, can either be complied with or not complied with; both choices are exercises of free will, yet another basic right…