There was a quite extraordinary case of an author suing Joseph Weiler for defamation for allowing a negative review to be published in a European Law journal that he edits. The review was somewhat negative about the book but I have seen much worse. Weiler is at the very top of his field and he was being sued by an Israeli academic with a solid enough reputation -- now much damaged by the fact that she brought such an absurd case.
She lost conclusively with costs against her. See Weiler's note after the judgement http://www.ejiltalk.org/in-the-dock-in-paris-–-the-judgment-by-joseph-weiler-2/ Adam On Fri, May 11, 2012 at 9:56 AM, David Smith <[email protected]> wrote: > In singling out peer reviewed scholarly articles, it would also seem to > imply no additional protection for material in scholarly books or other > longer form content. It does raise an interesting question as to whether > somebody could go after a pre-print even if it was in a published journal. > Or whether a paper in review has any form of protection – only a problem if > you’ve made it public (via a repository) first I guess. Are there any > defamation cases that pertain to published literature? The only thing I can > think of that comes close is the libel case by the British Association of > Chiropractors against the author Simon Singh ( > http://news.bbc.co.uk/1/hi/sci/tech/8621880.stm) but that was against an > article/blog in the Guardian. **** > > ** ** > > David**** > > ** ** > > ** ** > > *Dr David Smith* > > Head of Innovation, Plantwise Knowledge Bank**** > > CABI Head Office**** > > Nosworthy Way**** > > Wallingford**** > > Oxfordshire**** > > OX10 8DE**** > > UK**** > > Visit us at: www.cabi.org**** > > ** ** > > *CABI improves people's lives worldwide by providing * > > *information and applying scientific expertise to solve * > > *problems in agriculture and the environment* > > ** ** > > ** ** > > ** ** > > ** ** > > ** ** > > ** ** > > *From:* [email protected] [mailto:[email protected]] *On > Behalf Of *CHARLES OPPENHEIM > *Sent:* 11 May 2012 09:27 > *To:* Global Open Access List (Successor of AmSci) > *Subject:* [GOAL] UK Defamation Bill and OA**** > > ** ** > > This has just been published - see > http://www.publications.parliament.uk/pa/bills/cbill/2012-2013/0005/13005.pdf. > Clause 6 gives special protection against defamation actions to peer > reviewed scholarly articles (the first time peer review has figured in a > piece of legislation??). This is something that scholarly publishers will > no doubt pick up on as an argument against unrefereed green OA.**** > > ** ** > > Charles > > Professor Charles Oppenheim**** > > ** ** > > ** ** > > P Think Green - don't print this email unless you really need to** ** > > ************************************************************************ > The information contained in this e-mail and any files transmitted with it > is confidential and is for the exclusive use of the intended recipient. If > you are not the intended recipient please note that any distribution, > copying or use of this communication or the information in it is > prohibited. > > Whilst CAB International trading as CABI takes steps to prevent the > transmission of viruses via e-mail, we cannot guarantee that any e-mail or > attachment is free from computer viruses and you are strongly advised to > undertake your own anti-virus precautions. > > If you have received this communication in error, please notify us by > e-mail at [email protected] or by telephone on +44 (0)1491 832111 and then > delete the e-mail and any copies of it. > > CABI is an International Organization recognised by the UK Government > under Statutory Instrument 1982 No. 1071... > > ************************************************************************** > **** > > _______________________________________________ > GOAL mailing list > [email protected] > http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal > > -- Adam Hodgkin www.exacteditions.com Italian: +39 3460964211 skype name: adam.hodgkin
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