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 <[email protected]>: > 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 > > *------------------------------------------------------------------------ --* > | Bob Parks Voice: (314) > 935-5665 | > | Department of Economics, Campus Box 1208 Fax: (314) > 935-4156 | > | Washington University > | > | One Brookings Drive > | > | St. Louis, Missouri 63130-4899 > [email protected]| > *------------------------------------------------------------------------ --* > > *-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-* > # Economics Working Paper Archive # > # http://econwpa.wustl.edu/wpawelcome.html # > # gopher econwpa.wustl.edu # > # # > # Send a mail message (empty body) # > # To: [email protected] # > # Subject: get announce # > *-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-* >
