[Taxacom] two names online published - one new species

Thu Jan 21 15:28:18 CST 2016

Frank,

Surely the "March 2016" is not a mistake? The article will be published in the March 2016 print edition, the (presumably) final proofs of which are online in advance of print. The important point here is that there is NO EVIDENCE that the print version is published now, so the names remain unavailable until the print version is published (presumably in March 2016, or perhaps even later).

Cheers,

Stephen

--------------------------------------------
On Fri, 22/1/16, Frank T. Krell <Frank.Krell at dmns.org> wrote:

 Subject: Re: [Taxacom] two names online published - one new species
 To: "Hans Henderickx" <cavexplorer at gmail.com>, "Taxacom at mailman.nhm.ku.edu" <Taxacom at mailman.nhm.ku.edu>
 Cc: "taxacom-owner at mailman.nhm.ku.edu" <taxacom-owner at mailman.nhm.ku.edu>
 Received: Friday, 22 January, 2016, 10:13 AM

 Hi Hans,
 Elsevier allows their online pre-publications (Articles in
 press) to be altered. Therefore they cannot be considered
 available for nomenclatural purposes, see https://www.researchgate.net/publication/274372707_A_mixed_bag_when_are_early_online_publications_available_for_nomenclatural_purposes
 I see no evidence for registration in ZooBank in the Engel
 paper anyway, so it is available from the paper version. The
 paper version, according to Elsevier's webpage of the paper,
 was published in March 2016. Hmm. I guess Elsevier hasn't
 looked at the calendar. Elsevier's practices are pretty
 annoying for somebody who cares about priority. So, we have
 evidence now that this paper in its final form is published
 on 21 January 2016 (if the paper version is out). If anybody
 has seen the final version (version of record, the version
 integrated in a journal issue and printed on paper) earlier,
 then we have evidence for an earlier publication date.

 Wiley's Early View papers are Code-compliant. It has the
 publication date 4 Jan 2016. Well, going with a
 Code-compliant publisher has advantages. Wiley also claims
 that the issue published in January is the January issue.
 Isn't that something!

 I agree with others' comments that the Pohl name is
 available and has priority (unless we find that the print
 version of the Engal paper appeared before 4 January 2016.

 Btw, I don't find Dubois's standpoint particularly helpful
 or realistic in the current publication landscape. 

 Frank

 Dr Frank T. Krell
 Curator of Entomology 
 Commissioner, International Commission on Zoological
 Nomenclature
 Chair, ICZN ZooBank Committee
 Department of Zoology 
 Denver Museum of Nature & Science 
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 Denver, CO 80205-5798 USA 
 Frank.Krell at dmns.org

 Phone: (+1) (303) 370-8244 
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 -----Original Message-----
 From: Taxacom [mailto:taxacom-bounces at mailman.nhm.ku.edu]
 On Behalf Of Hans Henderickx
 Sent: Thursday, January 21, 2016 12:13 PM
 To: Taxacom at mailman.nhm.ku.edu
 Cc: taxacom-owner at mailman.nhm.ku.edu
 Subject: [Taxacom] two names online published - one new
 species

 The following two publications were almost simultanously
 published in  January 2016 concerning the same fossil
 species but based on two different  specimens from
 Burmese amber (Strepsiptera).
  The publication of Engel was already available online 13
 November 2015  (noted in the publicaton:
 www.elsevier.com/locate/CretRes), but it's reference in the
 publication (for the printed version I suppose) says 2016. 
  The Pohl publication was also registered in ZOOBANK

 *  Engel, M. et al. (2016) A new twisted-wing
 parasitoid from mid-Cretaceous  amber of Myanmar
 (Strepsiptera). Cretaceous Research
  ((http://dx.doi.org/10.1016/j.cretres.2015.10.008)

  -and-

 *  Pohl, H. (2016) Kinzelbachilla ellenbergeri - a new
 ancestral  species, genus and family of Strepsiptera
 (Insecta)(DOI: 10.1111/syen.12158)
  http://zoobank.org/urn:lsid: 
  zoobank.org:pub:07554C01-DEC3-4080-A337-B1F46BC9070F

  Wich publication has priority here, and wich name is valid?
 Engel's publication was online published and registered by
 Elsevier two months earlyer (2015), so the name proposed in
 this publication Phthanoxenos nervosus looks to have
 priority rights. 

 However, according the ICZN about online publishing the
 names in an online publication are only 'legally' registered
 after registration in ZooBank.
 See http://iczn.org/node/40562 . Until than the publication
 should be considered as 'non valid' and the names as
 'unavailable'
 see:
 http://iczn.org/content/electronic-publication-made-available-amendment-code

 http://zookeys.pensoft.net/articles.php?id=3096

 In that case, taken in consideration the ZooBank
 instruction, only Pohl's publication is legally valid, with
 another species name in this case: Kinzelbachilla
 ellenbergeri. However, Elsevier has registered Engel's
 publication  http://dx.doi.org/10.1016/j.cretres.2015.10.008. before
 (2015) and ZooBanks' profile as 'monopoly concerning
 registrations' could be considered as illegal concurrence.
 Space for discussion here it looks to me, I am interested in
 the opinion of the list members.

  Hans Henderickx
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