It looks like the corresponding author of this article (Didier Raoult) is also the Editor-in-Chief of the the journal (Clinical Microbiology and Infection), so it seems entirely possible that he might have relicensed the article to Elsevier when the journal moved over there from Wiley. This would be permitted, since Creative Commons does allow for dual licensing.
Elsevier sold me a Creative Commons non-commercial licensed article
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Re: Elsevier sold me a Creative Commons non-commercial licensed article
#12[deleted]
Re: Elsevier sold me a Creative Commons non-commercial licensed article
#13This doesn't need to be illegal. Creative Commons doesn't forbid dual licensing (content also being offered under another licence)
Then the document they sold should have had the relevant commercial license text included. If the document still contained the CC text then they can't really use that defense can they?
Re: Elsevier sold me a Creative Commons non-commercial licensed article
#14I was a bit confused as to how an article published by Wiley could even be on an Elsevier site, but it seems that the journal is transferring from Wiley to Elsevier. Guess they messed up the licensing when transferring the articles.
Re: Elsevier sold me a Creative Commons non-commercial licensed article
#15This doesn't need to be illegal. Creative Commons doesn't forbid dual licensing (content also being offered under another licence)
Then the document they sold should have had the relevant commercial license text included. If the document still contained the CC text then they can't really use that defense can they?
Yes, they can. They don't need to include their license with the work. When you buy a DVD, you don't get a copy of the licensing terms between the authors and the record company, either.
Just because the CC license was included, that doesn't mean Elsevier is distributing the work under it. And in fact, there's a simple explanation: it's a license for the reader.
Re: Elsevier sold me a Creative Commons non-commercial licensed article
#16It's not illegal, though it may be copyright infringement. But it also may not be; the fact that something is licenced under CC-NC doesn't preclude it being licensed under other terms too.
The author is a frequent and vociferous critic of commercial publishing. I think we'd all like to see more open science, but I'm concerned that this sort of shallow and poorly-researched accusation is doing the cause more harm than good.
Re: Elsevier sold me a Creative Commons non-commercial licensed article
#17It's not illegal, though it may be copyright infringement. But it also may not be; the fact that something is licenced under CC-NC doesn't preclude it being licensed under other terms too. The author is a frequent and vociferous critic of commercial publishing. I think we'd all like to see more open science, but I'm concerned that this sort of shallow and poorly-researched accusation is doing the cause more harm than…
> It's not illegal, though it may be copyright infringement.
Copyright infringement is illegal, so that sentence is self-contradictory.
Re: Elsevier sold me a Creative Commons non-commercial licensed article
#18It's not illegal, though it may be copyright infringement. But it also may not be; the fact that something is licenced under CC-NC doesn't preclude it being licensed under other terms too. The author is a frequent and vociferous critic of commercial publishing. I think we'd all like to see more open science, but I'm concerned that this sort of shallow and poorly-researched accusation is doing the cause more harm than…
> It's not illegal, though it may be copyright infringement. Copyright infringement is illegal, so that sentence is self-contradictory.
Sorry, that wasn't a clear sentence. I should have said "It's not [necessarily] illegal [to sell a work licensed CC-NC]"
Re: Elsevier sold me a Creative Commons non-commercial licensed article
#19Just for accuracy's sake, it's not criminal unless you can show that it was both willful and netted more than $1000 in any 180 day period: http://www.copyright.gov/title17/92chap5.html#506
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Re: Elsevier sold me a Creative Commons non-commercial licensed article
#20Just for accuracy's sake, it's not criminal unless you can show that it was both willful and netted more than $1000 in any 180 day period: http://www.copyright.gov/title17/92chap5.html#506
if the infringement was committed —
(A) for purposes of commercial advantage or private financial gain;