For some time now, the reply from the MP Institutes and German universities has been: "We cannot mandate!"
But of course they can! The policy need not be coercive; it need not have sanctions for noncompliance. It need merely be officially adopted. And there are obvious and simple administrative ways to make it worth researchers' while to comply (if the enhanced research impact that OA vouchsafes is not enough): Simply declare the IR as the official institutional submission format for all performance review for its employees!
So there are no administrative barriers. Nor are there any legal barriers: For performance review, it is sufficient to deposit the final, revised, refereed, accepted draft -- the postprint -- immediately upon acceptance for publication, and set access the postprint full-text as http://openaccess.eprints.org/index.php?/archives/274-guid.html">Closed Access (administrative access -- with only the bibliographic metadata, not the postprint, visible webwide) rather than immediate Open Access (if the journal in which the article is published is non-Green and demands an embargo).
(Since the only thing that has been standing between us and 100% OA for years now is keystrokes, an administrative keystroke mandate is all that is needed. The increasingly palpable benefits of OA itself will take care of the rest, as carrots, rather than sticks.)
Peter Suber at 11/01/2007 10:59:00 AM.
The open access movement:
Putting peer-reviewed scientific and scholarly literature
on the internet. Making it available free of charge and
free of most copyright and licensing restrictions.
Removing the barriers to serious research.