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

Stephen Thorpe stephen_thorpe at yahoo.co.nz
Sat Sep 8 18:44:11 CDT 2012

as is the case with seemingly solid objects, if you turn up the magnification too high, you will find mostly empty space ...
there has always been a problem with what the Code means by "published"
an available work is one which is 'published according to the Code'
an unavailable work may still be 'published' in the usual sense of the word, such as works published before 1758, for example
one can read the amendement in a quite paradoxical way, i.e. an electronic work must be registered on ZooBank before it is published! Since it isn't published (according to the Code) until it is registered, it is impossible to do anything other than register it before it is published, i.e. if you haven't registered it, it ain't published! But "published" can be understood in the broader sense, of which "issued" is more or less a synonym. So, a work must be registered before it is issued (and evidence of this added to the work itself before issue). But what if that doesn't happen? Does that mean that the work can *never* be published electronically according to the Code?? Does the work need to be reissued after registration? What does that mean?? We know what it means to reissue hard copy, but how do you reissue an electronic copy that is already up on the web?? If the electronic journal is *conventionally structured* (i.e., with volume/issue numbers)
 then I guess one could reissue it under a later volume/issue number, but there is no requirement that an e-journal be so structured. Perhaps one could just change the date of publication stated on the work itself to later (i.e. after the registration), but that seems a bit too easy and dodgy ...
So, the challenge is to find a sensible and practical way of making the amendment work, but I don't even want to think about it just now ...
How is e-publication working out for botany? Are they (1) better at dealing with this stuff than us, or (2) too dumb to see the problems??

From: Laurent Raty <l.raty at skynet.be>
To: "taxacom at mailman.nhm.ku.edu" <taxacom at mailman.nhm.ku.edu> 
Sent: Saturday, 8 September 2012 10:10 PM
Subject: Re: [Taxacom] e-only publication for zoology, starts today

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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