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-â-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 â only a problem if youâve 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.p df.  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 [ Part 2: "Attached Text" ] _______________________________________________ GOAL mailing list [email protected] http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal
