>sh> better still, do as the far more sensible physicists did:
>sh> self-archive, and decide whether or not to withdraw
>sh> only if and when someone ever asks!
On Thu, 4 Dec 2003, Leslie Chan wrote:
> this is not something provosts and library directors would support
Provosts need merely mandate open-access provision. Nature will
take care of the rest.
http://www.ecs.soton.ac.uk/~harnad/Temp/self-archiving_files/Slide0028.gif
Stevan Harnad
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on 12/4/03 7:17 AM, Bob Parks at bparks at wueconc.wustl.edu wrote:
> 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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