I think it's a political problem. Most researchers and professors tend to be employed by the state. Lobby the state to give very high preference to open access publication.
In an ideal world I'd read a sentence like this in a hiring guideline for state universities: "only research that is available to all citizens of this state shall be considered as a contribution by the candidate"
Additionally for research project funding I want to read a similar sentence in the proposed outline that you can typically download for the grant proposal. "Only list your research projects and open access publications in the Previous Related Work section" (or high preference will be given to ...)
Basically state funded research that is not available to citizens should be heavily penalized. I think that is logically very consistent. In fact I'd love to GPL the process and make it a requirement to OA everything as soon as a single cent of money goes towards the research.
Christ this would be brilliant. The trouble is that you have otherwise-decent people like Kirsten Gillibrand completely in the pocket of RELX. You have massive COI and crap like the PACE trial who WILL NOT, under any circumstances, release their data, and who consider academic inquiries regarding said data (the foundation of any scientific publication) as "vexatious".
In short, you're better off trying to get policy changed at NIH and other, major funders of research to push openness (Google and major tech companies already are quite good about this), and only resorting to legal challenges when the satanically evil Elsevier and friends attempt to buy off legislators.
If you were wondering whether academic institutions typically stand up for scholars (as opposed to faucets of grant money and indirects, who can behave as they please), kindly refer to the following. http://boingboing.net/2015/12/11/what-will-it-take-to-get-mi...
Academia is not scholarship. The institutions of academia are in fact opposed to scholarship if it might make their senior "leaders" (often far removed from any scholarly pursuits they might once of had) look bad. Academia responds wonderfully to incentives, though, and that's where I do believe you have nailed it.
Additionally for research project funding I want to read a similar sentence in the proposed outline that you can typically download for the grant proposal. "Only list your research projects and open access publications in the Previous Related Work section" (or high preference will be given to ...)
Basically state funded research that is not available to citizens should be heavily penalized. I think that is logically very consistent. In fact I'd love to GPL the process and make it a requirement to OA everything as soon as a single cent of money goes towards the research.