[Taxacom] Important note Re: two names online published - one new species

[Richard Pyle]

I will also try to avoid using big words. Article 21.4 states:  "Date incorrect. If the date of publication specified in a work is found to be incorrect, the earliest day on which the work is demonstrated to be in existence as a published work is to be adopted. In the absence of evidence as to day, the provisions of Article 21.3 apply."

The key phrase is: "the earliest day on which the work is demonstrated to be in existence AS A PUBLISHED WORK is to be adopted." [emphasis added]

If we ignored the whole "issued" business, then 23 Jan is the earliest day on which the work is demonstrated to be in existence as a published work (in the sense of the Code).  As such the date of 4 Jan stated in the work, while fulfilling the requirement of Art. 8.5.2, is deemed an incorrect date, and Art 21.4 applies.

If I understand you correctly, you interpret Art 8.5.2 as defining a window of opportunity within which all requirements of the Code must be fulfilled.  Although the Code does not say anything of the kind, I imagine you derive this interpretation from the phrase "date of publication" in Art. 8.5.2 as though it *is* the date of publication in the sense of the Code, and unless the work fulfills the criteria within that particular 24-hour window of time (actually, 48-hour window if you allow all possible time zones), it fails as a publication.  Besides causing all manner of nomenclatural instability (i.e., all cases of electronically published works that stated an incorrect date of publication within the work itself would not exist as Code-compliant published works), the Code itself tends to negate this interpretation.

First of all, there is nothing that suggests that Art. 21.4 applies only to works printed on paper.  Thus, we have to assume that incorrect dates are possible for both paper and electronic works. Also, if you look at the wording of Art. 21.2.: "Date specified. The date of publication specified in a work is to be adopted as correct in the absence of evidence to the contrary.", the inclusion of the phrase "in the absence of evidence to the contrary" suggests strongly that the "date of publication specified in a work" defines a concrete time window in which all requirements for publication must be fulfilled.

Also, for those discussing whether a stated year (only) fulfills the requirement of Art. 8.5.2., I refer you to Art. 21.3:

21.3. Date incompletely specified. If the day of publication is not specified in a work, the earliest day on which the work is demonstrated to be in existence as a published work is to be adopted as the date of publication, but in the absence of such evidence the date to be adopted is
21.3.1. the last day of the month, when month and year, but not day, are specified or demonstrated, or
21.3.2. the last day of the year when only the year is specified or demonstrated.

In our example, Articles 21.3.1 and 21.3.2 would not apply, because in this case we DO have evidence establishing the earliest day on which the work is demonstrated to be in existence as a published work.

So, yes -- clearly the inclusion of an incomplete date (e.g., a year only) fulfills the requirement of Art. 8.5.2.  And, clearly, the work is considered published on the date when it is demonstrated to be in existence as a published work (in the sense of the Code).

As I have been trying to explain, the only real ambiguity (in my mind, at least), is this business with the word "issued", and how, exactly, it should be interpreted, and where it might impact whether a work is published in the sense of the Code.

Aloha,
Rich



> -----Original Message-----
> From: Taxacom [mailto:taxacom-bounces at mailman.nhm.ku.edu] On Behalf
> Of Paul van Rijckevorsel
> Sent: Monday, January 25, 2016 5:12 AM
> To: taxacom at mailman.nhm.ku.edu
> Cc: 'engel'"'
> Subject: Re: [Taxacom] Important note Re: two names online published - one
> new species
> 
> I tried to avoid using big words. Article 8.5 states  "To be considered
> published, a work issued and distributed
>   electronically must [...]
>       8.5.2. state the date of publication in the work itself, "
> 
> This means that for a publication that states 4 Jan. as the date of publication,
> there is a one-day window in which the work must actually be published. And
> it can only be published if the ZooBank-entry is completely in order at that
> moment. Once the window has closed, it can no longer be published in a
> Code-compliant way. A new publication with a new date is necessary
> (although in this case the print run will likely take care of the problem, in the
> traditional way).
> 
> That is what the Code says, quite explicitly. And this does make  sense.
> 
> Paul
> 
> ----- Original Message -----
> From: "Richard Pyle" <deepreef at bishopmuseum.org>
> To: "'Paul van Rijckevorsel'" <dipteryx at freeler.nl>;
> <taxacom at mailman.nhm.ku.edu>
> Cc: "'engel'"'" <msengel at ku.edu>
> Sent: Monday, January 25, 2016 2:01 PM
> Subject: RE: [Taxacom] Important note Re: two names online published - one
> new species
> 
> 
> > A new publication (meeting the requirements of Article 8) is required
> > for the name to become available.
> 
> Hmm... not sure I follow.  Let's assume the work itself was complete for all
> requirements for e-Publication on 4 Jan, but the ZooBank record was not
> complete (e.g., missing Archive) until 23 Jan. Are you saying that the work is
> published in the sense of the Code on 23 Jan?  Or are you saying a "new
> publication" is required?  If you follow the logic of Laurent (as I do), then the
> work was not published in the sense of the Code from Jan 4 up until Jan 22,
> because the requirements for publication were not met until Jan 23.
> Before that date, the work was not published in the sense of the Code.
> Hence, no need for a "new" publication.
> 
> The only uncertainty (in my mind, anyway) is how to interpret and apply the
> term "issued" as it is used in various articles of the Code.  For example, Art.
> 8.1.2. says that a work "must be obtainable, when first issued, free of charge
> or by purchase".  It refers to the unqualified "work", not "published work".
> So, in the example above, was it "first issued" on 4 Jan, or on 23 Jan (in the
> sense of the Code)?  Presumably it would have been obtainable free of
> charge or by purchase on both dates; but it can only have been "first issued"
> on one date. Having looked at all of the articles that include the word
> "issued", I'm reasonably certain we're still OK following the "date of
> publication is the date on which all criteria are met"
> approach, even with the "issued" business.  But I can also see how some
> might argue otherwise.
> 
> Once we get this publication date business sorted out, we can move on to
> the next "big" question related to electronic publication: how best to apply
> Art. 9.9. Lots of thorny semantics in that one....
> 
> Aloha,
> Rich
> 
> 
> 
> 
> 
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