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Re:MIT Ends Elsevier Negotiations by setgree on Thursday June 11, 2020 @01:42PM (#23491330)
good point. I just double-checked and ours says:

> Copyright: © Cambridge University Press 2018

> This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

So I guess Cambridge is the copyright holder but it's available under CC, which I think qualifies as "generous reuse rights," as originally stipulated.

Re:MIT Ends Elsevier Negotiations by gpm on Thursday June 11, 2020 @10:58PM (#23495559)
I don't think that was an "or" clause, I think it was an "and". The author will retain the copyright, and they will have generous re-use rights (i.e. they will not agree to a restrictive exclusive license).
Re:MIT Ends Elsevier Negotiations by setgree on Friday June 12, 2020 @10:50AM (#23499777)
But Elsevier's lawyers would presumably argue during negotiations that the option to have CC0 distribution of text meets this stipulation, whether in spirit or letter.

I would bet that MIT's choice to divorce from Els came from a combination of ideoligical, budget, and reputational concerns (e.g. the UC system divorced from them as well and MIT now stands in solidarity). So I don't think issue was likely to be decisive.

I think that if the price had been right, all parties would have found a way to argue that the stated terms had been met -- or to simply not address them.