Open Access, Open Science, Open Society

Trento Law and Technology Research Group, Research Paper No. 27

28 Pages Posted: 21 Mar 2016

See all articles by Thomas Margoni

Thomas Margoni

Centre for IT & IP Law (CiTiP), Faculty of Law - KU Leuven; University of Glasgow - School of Law - CREATe

Roberto Caso

University of Trento - Faculty of Law - LawTech Group

Rossana Ducato

School of Law, University of Aberdeen; Université Catholique de Louvain

Paolo Guarda

University of Trento - Faculty of Law

Valentina Moscon

Max Planck Institute for Innovation and Competition; University of Trento - Faculty of Law

Date Written: March 20, 2016

Abstract

Open Access’ main goal is not the subversion of publishers’ role as driving actors in an oligopolistic market characterised by reduced competition and higher prices. OA’s main function is to be found somewhere else, namely in the ability to subvert the power to control science’s governance and its future directions (Open Science), a power that is more often found within the academic institutions rather than outside. By decentralising and opening-up not just the way in which scholarship is published but also the way in which it is assessed, OA removes the barriers that helped turn science into an intellectual oligopoly even before an economic one. The goal of this paper is to demonstrate that Open Access is a key enabler of Open Science, which in turn will lead to a more Open Society. Furthermore, the paper argues that while legislative interventions play an important role in the top-down regulation of Open Access, legislators currently lack an informed and systematic vision on the role of Open Access in science and society. In this historical phase, other complementary forms of intervention (bottom-up) appear much more “informed” and effective. This paper, which intends to set the stage for future research, identifies a few pieces of the puzzle: the relationship between formal and informal norms in the field of Open Science and how these impact on intellectual property rights, the protection of personal data, the assessment of science and the technology employed for the communication of science.

Keywords: Open Science, Open Access, Intellectual Property, Copyright, Privacy and Data Protection, Law and Technology, Comparative Law

Suggested Citation

Margoni, Thomas and Caso, Roberto and Ducato, Rossana and Guarda, Paolo and Moscon, Valentina, Open Access, Open Science, Open Society (March 20, 2016). Trento Law and Technology Research Group, Research Paper No. 27, Available at SSRN: https://ssrn.com/abstract=2751741 or http://dx.doi.org/10.2139/ssrn.2751741

Thomas Margoni (Contact Author)

Centre for IT & IP Law (CiTiP), Faculty of Law - KU Leuven ( email )

Brussels
Belgium

University of Glasgow - School of Law - CREATe ( email )

Scotland
United Kingdom

Roberto Caso

University of Trento - Faculty of Law - LawTech Group ( email )

Via Verdi 53
Trento, TN
Italy
+39 0461 28 3881 (Phone)
+39 0461 28 1899 (Fax)

HOME PAGE: http://https://webapps.unitn.it/du/en/Persona/PER0000633/Curriculum

Rossana Ducato

School of Law, University of Aberdeen ( email )

Taylor Building
King's College
Aberdeen, Scotland AB24 3UB
United Kingdom

Université Catholique de Louvain ( email )

Bruxelles, 1000
Belgium

HOME PAGE: http://www.rosels.eu/member/rossana-ducato/

Paolo Guarda

University of Trento - Faculty of Law ( email )

Italy
+39 0461 223515 (Phone)

HOME PAGE: http://www.jus.unitn.it/user/home.asp?cod=paolo.guarda

Valentina Moscon

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

University of Trento - Faculty of Law ( email )

Italy

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