There is another point that Bob might have made: given the desire of
journal editors to hang on to their authors, it is very unlikely that a
publisher would actually go to the extreme of suing (and thus alienating)
their own authors. Threaten, maybe; actually do it, almost certainly not.
Fytton Rowland, Loughborough University, UK.
Quoting Bob Parks <bparks_at_wueconc.wustl.edu>:
> Stevan Harnad writes:
>
> >If they want to ask the rest, fine; but better still, do as the far
> >more sensible physicists did: self-archive, and decide whether or not
> to
> >withdraw only if and when someone ever asks!
>
> EXACTLY. Stevan you need to emphasize this point more. Although
> I am certainly not a copyright lawyer, my belief is that :
>
> Author posts the paper.
> Publisher does not complain - GREAT - we are on our way.
> Publisher complains - NOTE that in order to complain, the
> publisher really needs to determine whether the author
> has asked for permission. But the publisher can play the
> game and just ask for removal.
> Author removes but makes a public comment about it. My guess,
> after a few complaints, publisher alters course and allows
> posting.
> Author decides not to remove. Worst case - publisher sues for
> copyright violation. Publisher must show that the paper is
> in violation and that the violation caused economic harm.
> Certainly lawyers are good at making such arguments but making
> the economic harm case will be difficult.
>
> Hopefully we could get a defense fund or free labor from law schools
> to help the Author who was sued.
>
> My bet is that the publishers have much better things to do than to
> attempt shouting COPYRIGHT at authors (who supply the articles to
> the publishers).
>
> But post the papers, wait until somebody complains, request
> documentation
> for the complaint (that is make it costly for the publisher to go
> forward),
> and IF in the end the author wants to avoid suit, then retract the paper
> but
> make a public statement about the retraction.
>
> Bob
>
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Received on Fri Dec 05 2003 - 12:31:06 GMT