[Taxacom] e-only publication for zoology, starts today

Laurent Raty l.raty at skynet.be
Sat Sep 8 05:10:52 CDT 2012

Hi Stephen,

On 09/06/2012 10:29 PM, Stephen Thorpe wrote:
> First off, there may be a slide here between the terms 'issued' and
> 'published'.

I think that, in [ + examples], "published" should have been
"issued", and "not available" should have been "not published". The
problem is much more evident in the example. There we are assured that
"registration occurred after publication"; but if publication is in the
meaning of (the rest of) Article 8, this simply cannot be: if
registration was delayed, publication did not occur.
There seems to be no good reason to use "not available" here: the 
article is all about criteria of publication, failing to comply should 
make a work "not published". I do see a "bad" reason, though: using 
"published" with two conflicting meanings in the same text would create 
obvious problems. (Eg.: "it is not published because it was published 
[before it was registered].")

> Crucially, Articles are subordinate to 8.5.3, so
> their content must be considered when one considers the meaning of
> 8.5.3 (i.e., don't take 8.5.3 out of context!) Now, 8.5.3 is
> *tensed*, i.e., such registration *has occurred*. "Such registration"
> as is specified by

To add a possible problem associated to this reading: the use of tenses 
in 8.5/8.5.1/8.5.2/8.5.3 (that's "context" too) makes it problematic.

8.5-8.5.3 make up a single sentence, which says: "a work [...] must have 
been issued [...], state [...], and be registered [...] and contain 
[...]". The issuing of the work is addressed with a PAST passive 
infinitive, but the "registered" bit receives a PRESENT passive 
infinitive. In this sentence, "be registered" cannot refer to the 
registration event itself, because this must have occurred before the 
issuing, and would have required the past, too ("have been registered"). 
As it stands, "be registered" can only be read as refering to the 
current registration *status* of the work. If so, subordination is no 
problem. "Check ZooBank: the work is registered, it contains evidence 
that registration has occured, and the entry in the database gives an 

Dumb question: shouldn't there be a French version?

Laurent -

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