Kindly go through the following and give your view.
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I think they should also add 'subject to copyright rules'
Dear Subir,
Yes, I think they should also add 'subject to copyright rules' when RG asks us to upload your paper. I Know that RG is was aware of this, that this, we only should upload our papers if we are allowed to do this and there is no copyright problem.
Kind regards,
Orlando
Please consult a lawyer if you have any questions.
That being said
I would suggest that the terms of use are read and understood.
"These Terms, which include the documents referenced above, constitute a legally binding agreement between ResearchGate and any of its Members...The Terms become binding once we accept your offer to enter into a binding agreement with us, e.g., once you have submitted the registration process and we have sent confirmation that you have successfully registered for the Service. In some jurisdictions, you may be bound to these Terms if you repeatedly access the Service against our instructions."
if you then go to section 6 it will send you to:
https://www.researchgate.net/ip-policy
There you will see that you are bound by the above clause and the intellectual property policy.
The "advertising" does not supersede the contracts binding.
Private full text is probably safe. One has to request the author(s) to access it.
@ Arturo Geigel
I will be happy even if they write Add missing full-texts 'Following Research Gate policy'
The information (full text) you provide conveys the purpose of your research down the line in research continuum and also the opportunity to other researchers to help bridge the information gap through further research. You have the moral right on your full text whose non commercial use should not be denied for research and training purposes.
Nonetheless, having proper understanding of difference between patent & know-how vs publishing is altogether a different ball game.
Subir Bandyopadhyay ,
It is unreasonable to be explicit every time when it is understood that if you are using the system you should have read the privacy notice and terms of use (at least I do). If that were the bar then every time you buy something in a shopping cart in a site will have to tell you " please remember to use a valid card that is yours and not stolen because you can get into trouble" or when you go to the bank the entry will say " This bank s for valid transactions robbers not allowed".
Amidst all the diversity in responses vis-a-vis all the insecurity felt in sharing full text, the authors must bear in mind the objectives of doing Research and purpose of sharing knowledge in absolute sense. Gaining or losing (not being able to gain in monetary value) is secondary in non commercial knowledge sharing.
@Arturo Geigel
I will not argue with you but there are exceptions too. For example, the words of caution 'Smoking in the public place is an offence' not only appears in the rule books but also in the public places. At least I expect that RG should follow this kind of user friendly exceptional practice.
Subir Bandyopadhyay ,
Again, disclaimer that I am not a lawyer
That said
The usual bar on the jurisdictions that I have given expert testimony provide the following guidance:
1) Initial consent must be given through a clicktrough (clickwrap) agreement which usually takes place at initial enrollment
2) terms of use must be conspicuous (usually the bar is that they must be visible in the page and if I remember correctly one of the main cases in the US was about being at the bottom and it held that it could be at bottom). This also assumes that once the user is accustomed at finding it at one place it should remain there. Moving it without notice can go against the website operator.
Most jurisdictions will more than likely assume some variant of the above to maintain international compatibility.
This is what I expect from RG:
Subir, do you want to add full-texts to your research items?Reminder: Some of your research items don't contain any full-texts. Depending on your publisher's policy, you may be allowed to upload a version of your work on ResearchGate. This can make it easier for other researchers to read your work.
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