Brick-and-mortar newspapers have been seriously impacted by the transition to web-based news providers. However, news aggregators impact even some web-based providers. In addition to the economic challenges, news-aggregating services have also triggered a number of legal challenges. These legal and economic challenges were the subject of a recent workshop held by the Federal Trade Commission (FTC) on the news media in the Internet age. During the FTC program, several news agencies, including the AP and the News Corp, indicated that they continue to see aggregators as violating copyright and trademark laws and the hot news doctrine. FTC's goal in these workshops is to educate policymakers in government and industry and to move the public debate in a positive direction.
InformationToday 15 www.infotoday.com February 2010 create policies, the NIH has clarified the Focus on Publishing four approaches that publishers and/or authors needed to follow in order to com- Open Government = Open Access? ply with the policy. Clearly the process, and the philosophy, underpinning these actions comes from the by ROBIN PEEK | cies would be good candidates to adopt discipline, funding to develop archival ca- commitment of the Obama administration these policies, as well as the maximum pabilities, and research funding mecha- to an open government that is centered S oon after taking office in January length of time between publication and nisms.” Increasing public access to articles on three core values. The first is “trans- 2009, President Obama instructed “public release.” and data from federally funded research parency,” which is defined as providing “cit- the Office of Management and Not surprisingly, the Office may enhance America’s return izens with information about what their Budget to issue an Open Government Di- of Science and Technology Pol- on its research investment in a government is doing so that government rective. The directive, which was “in- icy (OSTP is within the Office number of ways, including mak- can be held accountable.” While PubMed formed by recommendations” from the of the President) has used the ing access to scholarly publica- Central has definitely increased the public newly created position of Federal Chief model adopted by the National tions more timely, simpler, and knowledge of how health science research Technology Officer, directed executive de- Institutes of Health (NIH), cheaper for scientists, according is funded, there is no public equivalent to partments and agencies “to take specific which requires that all inves- to OSTP, adding that this could the physical sciences or any other form actions to implement the principles of tigators submit an electronic also promote further advances of publicly funded research. The Federal transparency, participation, and collabo- version of their final peer-re- in science and technology. Research Public Access Act bill that U.S. ration set forth in the President’s Mem- viewed manuscript no later There is great irony in that Senators John Cornyn, R-Texas, and Joe Robin Peek orandum.” Last December, the White than 12 months after the offi- the Bush administration had Lieberman, I-Conn., reintroduced in June House began seeking comments on plans cial date of publication. attempted to stall this mandate when it calls every federal department and agency to make federally funded research avail- “The NIH model has a variety of fea- was bundled into the Omnibus budget with an annual extramural research budget able for public access. tures that can be evaluated, and there are bill that was passed in December 2008 of $100 million or more to make its research Through a notice in the Federal Reg- other ways to offer the public enhanced ac- because of intense lobbying from the pub- available to the public within 6 months of ister, the White House laid out a 1-month, cess to peer-reviewed scholarly publica- lishing industry. But it did pass, and the publication. I believe that the $100 mil- three-stage request for information, which tions,” the OSTP reported in the request mandate was formalized as a permanent lion budget will be the minimal threshold closed at the end of January 2010. Dur- for information. “The best models may [be] policy under the Obama administration. that will emerge from these discussions. ing the first phase, Implementation, com- influenced by agency mission, the culture Even though some sectors of the schol- ments focused upon which federal agen- and rate of scientific development of the arly publishing industry were sluggish to (continued on page 16) Internet Waves Legal Issues Falling in Love With The FTC Looks at the News by GEORGE H. PIKE | News Aggregators Technology Once Again T he internet has made me a news In addition to the economic challenges, junkie. Before the web, I would news-aggregating services have also trig- by SHIRLEY DUGLIN KENNEDY | My lust for technology has waned over read the local paper and maybe gered a number of legal challenges. As the past few years. I’ve written in my IT watch the news at 11 before The Late many lawsuits were ultimately settled, Y ou can call me jaded or call me column before about “technology meno- Show With David Letterman, but that these legal issues remain unresolved. cynical, but I never imagined pause,” and that’s still a pretty good way was about it. These legal and economic challenges were that I was capable of falling in to describe it. I no longer need to rush Now, I have a my.yahoo.com page with the subject of a recent workshop held by love with technology again. out and replace an electronic feeds from AP, Reuters, The New York the Federal Trade Commission (FTC) on Been there, done that for device as soon as the newest Times, The Wall Street Journal, CNET, the news media in the internet age. many, many years. I bought model becomes available. I no ESPN
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