[Taxacom] BHL and print on demand publishers: interpretation of law

Paul van Rijckevorsel dipteryx at freeler.nl
Tue Apr 3 02:32:17 CDT 2012


Again, this is not academic. There are news reports all the time
on supermarkets disposing of goods, including apples. This is
all tightly regulated, so that these "free apples" indeed end up
with "poor families" and that they cannot be sold.

Paul

----- Original Message ----- 
From: "Stephen Thorpe" <stephen_thorpe at yahoo.co.nz>
Sent: Monday, April 02, 2012 11:56 PM

I still think that Doug is confusing copyright issues with other things. The 
apples analogy is inappropriate, precisely because there is no analogy of 
copyright on the apples, it is simply an issue of competition vs. monopoly. 
If you don't like them selling your apples, then don't give them away for 
free! You can't give people free apples on condition that they eat them 
themselves, and don't sell them on! What if there were a poor, homeless 
family selling your free apples on in order to get money to buy a more 
balanced diet (i.e., not just apples!) Change the particular circumstances, 
and the ethics change also ... Isn't retail just buying and then reselling 
with a mark up? Does it matter in principle if the original price is zero?? 
Yes, Nabu are unethical, but so are lots of others, and it just shouldn't be 
seen as a copyright issue, in my opinion ... now that the bee publication is 
freely available, the authors should just let go and move on ...

It is not irrelevant to this case that Nabu is almost certainly profiting 
next to nothing from the bee publication ... this fact makes the whole 
matter trivial, and I'm sure a court would see it as such ...

Stephen



________________________________
From: Doug Yanega <dyanega at ucr.edu>
To: TAXACOM at MAILMAN.NHM.KU.EDU
Sent: Tuesday, 3 April 2012 5:31 AM
Subject: Re: [Taxacom] BHL and print on demand publishers: interpretation of 
law

Donat wrote:

>Again, most of us have the funds to create work (from science foundation,
>from another job or your wives' income, from your employer with the goal to
>deliver great discoveries), not to live of works we create. There is no
>museum, nor an individual that can make a live in this environment by
>selling, what most obviously dream of, a NYT (taxonomic) Best Seller.

But if someone like Nabu takes your work, which you (or your funding
source) have taken time and money to make freely available, and
proceeds to live off the proceeds from selling it and others like it,
doesn't that (A) effectively disprove your claim above (that profit
from your work is impossible), and (B) deny you what should be your
share of this profit?

If you set up a roadside stand near your apple orchard, with a sign
that says "FREE APPLES", and someone comes up, outs a stand in front
of yours, with a much bigger sign saying "APPLES 10 FOR A DOLLAR"
that blocks yours from view from the highway, and then takes some of
your apples every time someone asks to buy, would you have any
grounds for complaint? You grew the apples, paid all of the costs
over the years, including taxes on the land you raised them on, paid
to have them harvested, lugged them out to the roadside, and then
some "entrepreneur" comes along and parasitizes your efforts, making
a profit almost entirely at your expense (they did, after all, have
to supply their own advertising, and hand apples to customers). It
might not be illegal, but it sure as heck isn't RIGHT. If we can't
agree on something that simple, then as a society, we are totally
screwed.

Sincerely,
-- 

Doug Yanega Dept. of Entomology Entomology Research Museum
Univ. of California, Riverside, CA 92521-0314 skype: dyanega
phone: (951) 827-4315 (standard disclaimer: opinions are mine, not UCR's)
http://cache.ucr.edu/~heraty/yanega.html
"There are some enterprises in which a careful disorderliness
is the true method" - Herman Melville, Moby Dick, Chap. 82

_______________________________________________

Taxacom Mailing List
Taxacom at mailman.nhm.ku.edu
http://mailman.nhm.ku.edu/mailman/listinfo/taxacom

The Taxacom archive going back to 1992 may be searched with either of these 
methods:

(1) by visiting http://taxacom.markmail.org

(2) a Google search specified as: site:mailman.nhm.ku.edu/pipermail/taxacom 
your search terms here
_______________________________________________

Taxacom Mailing List
Taxacom at mailman.nhm.ku.edu
http://mailman.nhm.ku.edu/mailman/listinfo/taxacom

The Taxacom archive going back to 1992 may be searched with either of these 
methods:

(1) by visiting http://taxacom.markmail.org

(2) a Google search specified as:  site:mailman.nhm.ku.edu/pipermail/taxacom 
your search terms here






More information about the Taxacom mailing list