[Taxacom] BHL and print on demand publishers: defintion of "work"
lists at curtisclark.org
Mon Apr 2 20:45:45 CDT 2012
Can you cite US case law? I'm not just being argumentative; I'm
interested in the court's opinion.
On 4/2/2012 9:45 AM, Donat Agosti wrote:
> DA: This is not solely for the purpose of freeing these works. This is
> a legal interpretation and not a scientists point of view.
> If we are scientists, and at the end even we taxonomists believe we
> are, then we talk about testatable or refutable hypothesis. A
> description is part of the circumscription of a hypothesis (eg the
> species as seen in the respective publication) that has to include
> those elements that separate it from others (diagnosis) that are
> facts. It is not because of the creative act that you use a character
> or another, but because of the discovery process that lead to discover
> this fact.
> In fact we are to some extend automatons, part of the systems that
> describe and redescribe the ca 1.8 million species resulting in a
> multiple of descriptions. We even fight in this list whether peer
> review out be part of the publishing process, especially now in the
> age of e-publications.
> The role of the scientist is to discover the new species and higher
> taxa; the description is a routine process to publish and communicate
> the discovery. The trend today is to create character matrices and
> ontologies, which exactly stress the point, that we believe in a
> system that we all share, not a create process with a lot of
> individual freedoms, and one tha allows to make comparisons over large
> We do not describe our species in terms of values such as a nice or
> nicer, lovely species nor in poems.
Curtis Clark http://www.csupomona.edu/~jcclark
Biological Sciences +1 909 869 4140
Cal Poly Pomona, Pomona CA 91768
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