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operates much like the former Napster in facilitating the illegal sharing of articles among scientists. Furthermore, as required by the DMCA, systems such as CiteSeer must remove articles in a responsible manner when requested to do so by a copyright holder [Section 512(b)(c)(d)].

One of the most promising options for addressing the legal clarity issue in the long run is to encourage and facilitate the ability of scientists to grant rights to the public to use their works prior to submission of those works to publishers that do not already allow open-access archiving of scientific works. By example, the Creative Commons is working to facilitate the free availability of information, scientific data, art, and cultural materials by developing innovative, machine-readable licenses that individuals and institutions can attach to their work. 10

10For additional information, see http://www.creativecommons.org and Chapter 23 of these Proceedings, “New Legal Approaches in the Private Sector,” by Jonathan Zittrain.



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