[Taxacom] Intellectual rights

Richard Pyle deepreef at bishopmuseum.org
Sun Dec 13 14:48:22 CST 2015


Sure, there are certain situations where taxonomy sneaks into nomenclature.  First reviser actions are one example; as well as secondary homonymy, neotypifications, etc. (which is exactly why I said "not very relevant", rather than "not at all relevant").  But these are relative outliers (with actual nomenclatural implications) among a vast sea of subjective taxonomic assertions in literature.

Aloha,
Rich

> -----Original Message-----
> From: Stephen Thorpe [mailto:stephen_thorpe at yahoo.co.nz]
> Sent: Sunday, December 13, 2015 10:19 AM
> To: 'John Grehan'; 'Dr Brian Taylor'; deepreef at bishopmuseum.org
> Cc: 'taxacom'
> Subject: Re: [Taxacom] Intellectual rights
> 
> 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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