[Taxacom] Intellectual rights

[Stephen Thorpe]

Rich,

The issue of whether or not synonymy must be published according to the ICZN Code is actually very unclear. One issue concerns first reviser choice of relative precedence in cases of equal priority. That is a nomenclatural act, and cannot therefore be validly achieved in non Code defined publications, making things potentially very messy.

Cheers, Stephen

--------------------------------------------
On Mon, 14/12/15, Richard Pyle <deepreef at bishopmuseum.org> wrote:

 Subject: Re: [Taxacom] Intellectual rights
 To: "'John Grehan'" <calabar.john at gmail.com>, "'Dr Brian Taylor'" <dr.brian.taylor at ntlworld.com>
 Cc: "'taxacom'" <Taxacom at mailman.nhm.ku.edu>
 Received: Monday, 14 December, 2015, 1:10 AM
 
 Websites are definitely
 not considered as "published" in the sense of the
 ICZN Code.  There are formal rules established in the 2012
 Amendment to the Code associated with electronic
 publication.  However, this discussion concerns taxonomy,
 not nomenclature, so what the Code regards as a publication
 is not very relevant.  The reality is that the whole
 concept of "Publish" is in flux right now (has
 been for a couple decades; and likely will be for a couple
 more). The advent of the internet has actually shifted the
 definition back towards its more original meaning: "to
 make public".  
 
 Aloha,
 Rich
 
 > -----Original Message-----
 > From: Taxacom [mailto:taxacom-bounces at mailman.nhm.ku.edu]
 On Behalf Of
 > John Grehan
 > Sent: Sunday, December 13, 2015 2:00 AM
 > To: Dr Brian Taylor
 >
 Cc: taxacom
 > Subject: Re: [Taxacom]
 Intellectual rights
 > 
 > That's an interesting question about
 websites being a formal publication or not. I
 > would not have thought so, but I will be
 interested to see what those on this list
 > acquainted with the code have to say (its
 probably been gone over in past
 >
 discussions, in which case I have lost track of that). I
 manage a web site for a
 > taxonomic group
 and have never assumed it is a publication of the form
 that
 > would require recognition for any
 taxonomic changes I might make on that web
 > site, and if I wanted to be sure of
 recognition I would not put it on my website
 > (as in the case of a proposed synonymy
 that is in the pipeline in a journal
 >
 publication, but not on the website until the journal
 article is published). But
 > publication
 or not it does seem less than straightforward that in your
 case the
 > authors should read and cite
 an article referring to your proposed taxonomic
 > change that they later make, raising the
 question of whether or not they actually
 > read the article they cite.
 > 
 > John Grehan
 > 
 > On Sun, Dec 13, 2015
 at 5:09 AM, Dr Brian Taylor <
 > dr.brian.taylor at ntlworld.com>
 wrote:
 > 
 > > Hello
 all,
 > >
 > > I
 wonder if any of you have any suggestions as to how to deal
 with a
 > > publication on Zookeys
 where the authors claim to have separated a
 > > previously well known ³species²
 into being a new junior synonym of two
 >
 > other species.  I ask this because, after examining
 fresh specimens, I
 > > posted that
 synonymization on my two websites, both archived by the
 > > British Library Web Archive, in 2009.
 The main website has been
 > > on-line
 in an evolving form since 1998.  The Zookeys authors make
 no
 > > reference of any sort to my
 works.
 > > They and other researchers
 from the organisation in question, headed
 > > by the subject editor for the present
 instance, have published a
 > > number
 of papers in Zootaxa and Zookeys over the past seven years
 or
 > > so but not once have they
 listed my sites as a source of information.
 > > Many others have.  In 2011, an
 author who the Zookeys writers do cite,
 >
 > wrote of my finding of the synonymy and had my website
 among his
 > references.
 > >
 > > In the BZN
 Discussion on Electronic Publication, March 2009, I
 > > previsaged this situation by posing
 the questions ³What constitutes a
 > >
 publication? Who is a publisher?². I note that UK copyright
 law the
 > > content of a website is
 automatically protected and does not have to
 > > be registered as there is no
 register.
 > >
 >
 > Thanks in anticipation of your responses.
 > >
 > > Brian
 Taylor
 > >
 > >
 www.antsofafrica.org
 > >
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 28 years of Taxacom in 2015.
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 Celebrating 28 years of
 Taxacom in 2015.