Government and Society: Copyright competition - Analytical Chemistry

Government and Society: Copyright competition. David Bradley. Anal. Chemi. , 1999, 71 (7), pp 245A–245A. DOI: 10.1021/ac990008v. Publication Date (W...
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demonstrate that G2/M cells with uniform DNA content comprise three groups of cells with unique metabolic patterns. Correlations between the metabolic probe uptake and certain enzymatic activities within

the three groups are also shown. The approach can be used to study cell-to-cell variation in any metabolic pathway if an appropriate metabolic probe can be fluorescently modified and taken up by the cells.

GOVERNMENT AND SOCIETY

Copyright competition Sweeping new copyright laws from Brussels could harm the international competitiveness of European science, warns the European Science Foundation (ESF), an international body whose membership includes 65 major scientific funding agencies in 22 countries. New European Union (EU) laws that aim to harmonize aspects of copyright for EU members are now under consideration. The net effect could be, for instance, that scientists who make a copy of a research paper to read in their offices without paying a fee would be breaking the law. EU ministers will soon debate the draft directive, but ESF hopes to apply pressure to ensure that such details are changed to prevent a legal and financial headache for scientists. According to Sir Roger Elliott, professor of physics at Oxford University and a Fellow of the Royal Society—one of the bodies represented by ESF—the main problem is that the "exceptions" within the proposed copyright laws do not allow for "fair use" as ii is currently practiced. "The directive from the EC does not contain any blanket exceptions of the sort that allow scientists and students

to make copies of material for their own personal study," he explains. "Instead, it talks of possible exceptions for the 'illustration of teaching and research', but this statement presents a terminological problem because it is so ambiguous." ESF suggests rewording this section to read "sole purpose of scientific research or for illustration for teaching", which it says would clarify the exception. The lack of a blanket statement could, according to ESF, "result in research being treated differently in different countries across Europe". The way the directive is written member states would be free to interpret and implement the exceptions as they see fit, which could lead to some scientists finding their access to the scientific literature threatened. This is where the problems start in terms of competitiveness. "European scientists would be placed at a disadvantage to their U.S. colleagues because the concept of fair use is more firmly entrenched [in the United States]," explains Elliott. ESF recommends allowing current national exceptions to be sustained For instance in the U K as Elliott points out it is still fair use for scientists and students to copy a research paper More important, from a commercial perspective, ESF suggests mat terms included

NIST opens new research facility. A dedication ceremony was held on March 8, 1999, to honor the opening of NIST's Advanced Chemical Sciences Laboratory (ACSL), a $75 million, 200,000-square-toot research facility with state-of-the-art equipment for modern molecular biology, biochemistry, and bioprocessing. The new building features walk-in cold rooms and ultraclean, highly controlled environments that will enable NIST to develop advanced measurements and standards for DNA diagnostics. In addition the new facility will allow NIST to extend its chemical measurement capabilities in support of industry environmental quality and national health

BUSINESS

HP to split In early March, Hewlett-Packard Company (HP) announced plans to split the company into two independent companies—one focused on measurement and the other focused on computers and imaging. The measurement company will comprise HP's test-and-measurement, components, chemical analysis, and medical businesses, which contributed $7.6 billion (U.S.) to HP's total revenues of $47.1 billion infiscalyear 1998. Edward W. Barnholt, currently HP executive vice president and general manager of the measurement organization, has been named chief executive officer of the measurement company. HP is considering an initial public offering for approximately 15 percent of the measurement company's outstanding shares by year-end. A name has not yet been selected for the new entity. The computing and imaging company will continue to operate under the HP HP does not anticipate significant workforce reductions as a result of the realignment. in the exceptions, such as "noncommercial" research, are so ambiguous that scientists could inadvertently break the copyright law. It points out that it would be very diiffcult to differentiate between commercial and noncommercial research in most academic settings. Elliott suggests that universities and related institutions be dubbed "noncommercial" rather than the individual pieces of research being carried out within their walls. If the restrictions become too irksome, scientists willfinda way around the problems, according to Elliott. "Already we are finding a growing movement among scientists and their employers to retain their personal copyright." He believes the present balance is equitable and the publishers are making a fair profit. But, with the emergence of electronic media, publishers have lobbied for tighter laws, and the balance is swinging the other way. The European Commission's draft, "Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society", is available online at http://europa.eu.int/comm/dgl5/en/ index.htm. David Bradley

Analytical Chemistry News & Features, April 1, 1999 245 A