Most OA journals (78%) don’t offer libre OA. That is, they publish under all-rights-reserved copyrights and don’t allow uses beyond fair use.
When I checked last week (June 24, 2011), 1,448 out of 6,647 journals in the DOAJ, or 21.8%, used some kind of CC license.
As of the same date, 747 or 11.2% had the SPARC Europe Seal of Approval, which requires CC-BY.
OA repositories are rarely in a position to obtain the permissions needed for libre OA. Hence, we can’t criticize or complain when most of their deposits are gratis, not libre. But OA journals can easily obtain the permissions needed for libre OA. When they don’t offer libre OA, they have no excuse. This is one of the largest missed opportunities of the OA movement to date.
Today most libre OA is gold OA. But unfortunately it’s not yet the case that most gold OA is libre OA, and unfortunately it’s not even close.