Complying with the NIH Public Access Policy - Copyright Considerations and Options

On January 11, 2008, the National Institutes of Health ('NIH') adopted a revised Public Access Policy for peer-reviewed journal articles reporting research supported in whole or in part by NIH funds. Under the revised policy, the grantee shall ensure that a copy of the author's final manuscript, including any revisions made during the peer review process, be electronically submitted to the National Library of Medicine's PubMed Central ('PMC') archive and that the person submitting the manuscript will designate a time not later than 12 months after publication at which NIH may make the full text of the manuscript publicly accessible in PMC. NIH adopted this policy to implement a new statutory requirement under which: The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine's PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law. This White Paper is written primarily for policymaking staff in universities and other institutional recipients of NIH support responsible for ensuring compliance with the Public Access Policy. The January 11, 2008, Public Access Policy imposes two new compliance mandates. First, the grantee must ensure proper manuscript submission. The version of the article to be submitted is the final version over which the author has control, which must include all revisions made after peer review. The statutory command directs that the manuscript be submitted to PMC 'upon acceptance for publication.' That is, the author's final manuscript should be submitted to PMC at the same time that it is sent to the publisher for final formatting and copy editing. Proper submission is a two-stage process. The electronic manuscript must first be submitted through a process that requires input of additional information concerning the article, the author(s), and the nature of NIH support for the research reported. NIH then formats the manuscript into a uniform, XML-based format used for PMC versions of articles. In the second stage of the submission process, NIH sends a notice to the Principal Investigator requesting that the PMC-formatted version be reviewed and approved. Only after such approval has grantee's manuscript submission obligation been satisfied. Second, the grantee also has a distinct obligation to grant NIH copyright permission to make the manuscript publicly accessible through PMC not later than 12 months after the date of publication. This obligation is connected to manuscript submission because the author, or the person submitting the manuscript on the author's behalf, must have the necessary rights under copyright at the time of submission to give NIH the copyright permission it requires. This White Paper explains and analyzes only the scope of the grantee's copyright-related obligations under the revised Public Access Policy and suggests six options for compliance with that aspect of the grantee's obligation. Time is of the essence for NIH grantees. As a practical matter, the grantee should have a compliance process in place no later than April 7, 2008. More specifically, the new Public Access Policy applies to any article accepted for publication on or after April 7, 2008 if the article arose under (1) an NIH Grant or Cooperative Agreement active in Fiscal Year 2008, (2) direct funding from an NIH Contract signed after April 7, 2008, (3) direct funding from the NIH Intramural Program, or (4) from an NIH employee. In addition, effective May 25, 2008, anyone submitting an application, proposal or progress report to the NIH must include the PMC reference number when citing articles arising from their NIH funded research. (This includes applications submitted to the NIH for the May 25, 2008 and subsequent due dates.) Conceptually, the compliance challenge that the Public Access Policy poses for grantees is easily described. The grantee must depend to some extent upon the author(s) to take the necessary actions to ensure that the grantee is in compliance with the Public Access Policy because the electronic manuscripts and the copyrights in those manuscripts are initially under the control of the author(s). As a result, any compliance option will require an explicit understanding between the author(s) and the grantee about how the manuscript and the copyright in the manuscript are managed. It is useful to conceptually keep separate the grantee's manuscript submission obligation from its copyright permission obligation because the compliance personnel concerned with manuscript management may differ from those responsible for overseeing the author's copyright management. With respect to copyright management, the grantee has the following six options: (1) rely on authors to manage copyright but also to request or to require that these authors take responsibility for amending publication agreements that call for transfer of too many rights to enable the author to grant NIH permission to make the manuscript publicly accessible ('the Public Access License'); (2) take a more active role in assisting authors in negotiating the scope of any copyright transfer to a publisher by (a) providing advice to authors concerning their negotiations or (b) by acting as the author's agent in such negotiations; (3) enter into a side agreement with NIH-funded authors that grants a non-exclusive copyright license to the grantee sufficient to grant NIH the Public Access License; (4) enter into a side agreement with NIH-funded authors that grants a non-exclusive copyright license to the grantee sufficient to grant NIH the Public Access License and also grants a license to the grantee to make certain uses of the article, including posting a copy in the grantee's publicly accessible digital archive or repository and authorizing the article to be used in connection with teaching by university faculty; (5) negotiate a more systematic and comprehensive agreement with the biomedical publishers to ensure either that the publisher has a binding obligation to submit the manuscript and to grant NIH permission to make the manuscript publicly accessible or that the author retains sufficient rights to do so; or (6) instruct NIH-funded authors to submit manuscripts only to journals with binding deposit agreements with NIH or to journals whose copyright agreements permit authors to retain sufficient rights to authorize NIH to make manuscripts publicly accessible.

Cancer mortality in IBM endicott plant workers, 1969-2001: An update on a NY production plant

BACKGROUND: In response to concerns expressed by workers at a public meeting, we analyzed the mortality experience of workers who were employed at the IBM plant in Endicott, New York and died between 1969-2001. An epidemiologic feasibility assessment indicated potential worker exposure to several known and suspected carcinogens at this plant. METHODS: We used the mortality and work history files produced under a court order and used in a previous mortality analysis. Using publicly available data for the state of New York as a standard of comparison, we conducted proportional cancer mortality (PCMR) analysis. RESULTS: The results showed significantly increased mortality due to melanoma (PCMR = 367; 95% CI: 119, 856) and lymphoma (PCMR = 220; 95% CI: 101, 419) in males and modestly increased mortality due to kidney cancer (PCMR = 165; 95% CI: 45, 421) and brain cancer (PCMR = 190; 95% CI: 52, 485) in males and breast cancer (PCMR = 126; 95% CI: 34, 321) in females. CONCLUSION: These results are similar to results from a previous IBM mortality study and support the need for a full cohort mortality analysis such as the one being planned by the National Institute for Occupational Safety and Health.

Treatment of HIV/AIDS at South Africa's Largest Employers: Myth and Reality

Background: In the past three years, many large employers in South Africa have announced publicly their intention of making antiretroviral treatment (ART) available to employees. Reports of the scope and success of these programs have been mostly anecdotal. This study surveyed the largest private sector employers in South Africa to determine the proportion of employees with access to ART through employer-sponsored HIV/AIDS treatment programs. Methods: All 64 private sector and parastatal employers in South Africa with more than 6,000 employees were identified and contacted. Those that agreed to participate were interviewed by telephone using a structured questionnaire. Results: 52 companies agreed to participate. Among these companies, 63% of employees had access to employer-sponsored care and treatment for HIV/AIDS. Access varied widely by sector, however. Approximately 27% of suspected HIV-positive employees were enrolled in HIV/AIDS disease management programs, or 4.4% of the workforce overall. Fewer than 4,000 employees in the entire sample were receiving antiretroviral therapy. In-house (employer) disease management programs and independent disease management programs achieved higher uptake of services than did medical aid schemes. Conclusions: Publicity by large employers about their treatment programs should be interpreted cautiously. While there is a high level of access to treatment, uptake of services is low and only a small fraction of employees medically eligible for antiretroviral therapy are receiving it.

Homosexuality and the United Methodist Church: An Ecclesiological Dilemma

Since 1968 The United Methodist Church has publicly debated the status and roles of homosexual persons in the life of the Church, creating considerable conflict within the Denomination. Academic research on the question of homosexuality and the Church has often focused on theological understandings of homosexuality and on the ways the conflict reflects broader "culture wars" in society. Yet little attention has been given to how the Church's concrete practices and polity toward homosexual persons reflect underlying tensions within the ecclesiological identity of the Denomination. This dissertation proposes that the issue of homosexuality is a critically important case study for exploring the practical ecclesiology of The United Methodist Church. In an effort to identify tensions within contemporary United Methodism's practical ecclesiology, it traces in detail the history of the denominational debate over homosexuality since 1968 and articulates the diverse and often conflicting ecclesiological commitments embedded within that debate. Focusing on the debate itself as a practice of the Church, this dissertation illustrates the ways in which the controversy over sexuality reflects the Denomination's conflicted practical ecclesiology. By examining the rhetoric of the sexuality debates in The United Methodist Church from 1968 to 2008, and by articulating the ecclesiological commitments embedded in those debates, the dissertation reveals a fundamental conflict over interpretations of ecclesial unity. Moreover, the dissertation explores the extent to which the conflict over unity reflects ecclesiological tensions present in John Wesley's own practical ecclesiology; and it asks whether or not contemporary interpretations of United Methodist ecclesiology might provide a normative framework for assessing and resolving the underlying ecclesial conflict at work in sexuality debates. The dissertation concludes by exploring the practice of public narrative as a concrete strategy that might be employed by the Denomination to reconcile the diverging ecclesiological visions within the contemporary church so that a clear and consensual ecclesiology might emerge.

Declarative Transport: No More Transport Protocols to Design, Only Policies to Specify

Transport protocols are an integral part of the inter-process communication (IPC) service used by application processes to communicate over the network infrastructure. With almost 30 years of research on transport, one would have hoped that we have a good handle on the problem. Unfortunately, that is not true. As the Internet continues to grow, new network technologies and new applications continue to emerge putting transport protocols in a never-ending flux as they are continuously adapted for these new environments. In this work, we propose a clean-slate transport architecture that renders all possible transport solutions as simply combinations of policies instantiated on a single common structure. We identify a minimal set of mechanisms that once instantiated with the appropriate policies allows any transport solution to be realized. Given our proposed architecture, we contend that there are no more transport protocols to design—only policies to specify. We implement our transport architecture in a declarative language, Network Datalog (NDlog), making the specification of different transport policies easy, compact, reusable, dynamically configurable and potentially verifiable. In NDlog, transport state is represented as database relations, state is updated/queried using database operations, and transport policies are specified using declarative rules. We identify limitations with NDlog that could potentially threaten the correctness of our specification. We propose several language extensions to NDlog that would significantly improve the programmability of transport policies.

Verification with Natural Contexts: Soundness of Safe Compositional Network Sketches

In research areas involving mathematical rigor, there are numerous benefits to adopting a formal representation of models and arguments: reusability, automatic evaluation of examples, and verification of consistency and correctness. However, accessibility has not been a priority in the design of formal verification tools that can provide these benefits. In earlier work [30] we attempt to address this broad problem by proposing several specific design criteria organized around the notion of a natural context: the sphere of awareness a working human user maintains of the relevant constructs, arguments, experiences, and background materials necessary to accomplish the task at hand. In this report we evaluate our proposed design criteria by utilizing within the context of novel research a formal reasoning system that is designed according to these criteria. In particular, we consider how the design and capabilities of the formal reasoning system that we employ influence, aid, or hinder our ability to accomplish a formal reasoning task – the assembly of a machine-verifiable proof pertaining to the NetSketch formalism. NetSketch is a tool for the specification of constrained-flow applications and the certification of desirable safety properties imposed thereon. NetSketch is conceived to assist system integrators in two types of activities: modeling and design. It provides capabilities for compositional analysis based on a strongly-typed domain-specific language (DSL) for describing and reasoning about constrained-flow networks and invariants that need to be enforced thereupon. In a companion paper [13] we overview NetSketch, highlight its salient features, and illustrate how it could be used in actual applications. In this paper, we define using a machine-readable syntax major parts of the formal system underlying the operation of NetSketch, along with its semantics and a corresponding notion of validity. We then provide a proof of soundness for the formalism that can be partially verified using a lightweight formal reasoning system that simulates natural contexts. A traditional presentation of these definitions and arguments can be found in the full report on the NetSketch formalism [12].

BU Computer Science 1998 Proxy Trace: Release Notes

In a recent paper (Changes in Web Client Access Patterns: Characteristics and Caching Implications by Barford, Bestavros, Bradley, and Crovella) we performed a variety of analyses upon user traces collected in the Boston University Computer Science department in 1995 and 1998. A sanitized version of the 1995 trace has been publicly available for some time; the 1998 trace has now been sanitized, and is available from: http://www.cs.bu.edu/techreports/1999-011-usertrace-98.gz ftp://ftp.cs.bu.edu/techreports/1999-011-usertrace-98.gz This memo discusses the format of this public version of the log, and includes additional discussion of how the data was collected, how the log was sanitized, what this log is and is not useful for, and areas of potential future research interest.

Multi-Area Visuotopic Map Complexes in Macaque Striate and Extra-striate Cortex

We propose that a simple, closed-form mathematical expression--the Wedge-Dipole mapping--provides a concise approximation to the full-field, two-dimensional topographic structure of macaque V1, V2, and V3. A single map function, which we term a map complex, acts as a simultaneous descriptor of all three areas. Quantitative estimation of the Wedge-Dipole parameters is provided via 2DG data of central-field V1 topography and a publicly available data set of full-field macaque V1 and V2 topography. Good quantitative agreement is obtained between the data and the model presented here. The increasing importance of fMRI-based brain imaging motivates the development of more sophisticated two-dimensional models of cortical visuotopy, in contrast to the one-dimensional approximations that have been in common use. One reason is that topography has traditionally supplied an important aspect of "ground truth", or validation, for brain imaging, suggesting that further development of high-resolution fMRI will be facilitated by this data analysis. In addition, several important insights into the nature of cortical topography follows from this work. The presence of anisotropy in cortical magnification factor is shown to follow mathematically from the shared boundary conditions at the V1-V2 and V2-V3 borders, and therefore may not causally follow from the existence of columnar systems in these areas, as is widely assumed. An application of the Wedge-Dipole model to localizing aspects of visual processing to specific cortical areas--extending previous work in correlating V1 cortical magnification factor to retinal anatomy or visual psychophysics data--is briefly discussed.