[Taxacom] Proofs for opinion

Laurent Raty l.raty at skynet.be
Thu Jan 8 07:45:49 CST 2015


On 01/08/2015 09:44 AM, Richard Pyle wrote:
> 1. June 1 2014: A journal exposes a PDF for a work containing the description of a new animal species name online as an "early view".  It does not contain a ZooBank registration for the work, and the work has not yet been registered in ZooBank.
> 2. June 5 2014: The work is registered in ZooBank, but the ZooBank registration does not include an ISSN or indication of an online archive. The publication date in ZooBank is entered as "2014".
> 3. June 10 2014: The ZooBank record is updated to include an ISSN number for the Journal.
> 4. June 15 2014: A revised version of the PDF, which includes the ZooBank registration number, is posted online. It declares the publication date (within the PDF) to be June 16 2014.
> 5. June 20 2014: The ZooBank record is updated to include the intended archive for the work.
> 6. June 25 2014: The publication date entered in ZooBank record is updated as June 22 2014.
> 7. June 30 2014: Numerous identical copies of a paper-printed edition of the work are obtainable.
> 8. January 5 2015: The publisher uploads a copy of the PDF to the indicated Archive.
>
> So.... what is the date of publication (in the sense of the ICZN Code, for purposes of priority)?


"8.5. Works issued and distributed electronically. To be considered 
published, a work issued and distributed electronically must [...]
8.5.2. state the date of publication in the work itself,"

Glossary:
"date of publication, n.
     Of a work (and of a contained name and nomenclatural act): the date 
on which copies of the work become available by purchase or free 
distribution."

"89.1. Meanings of words and expressions. In interpreting the Code, the 
meaning attributed in the Glossary to a word or expression is to be 
taken as its meaning for the purposes of the Code."

The "date of publication" can only be June 16, because this is the date 
that is stated in the work. If there is evidence that the work did not 
"become available by purchase or free distribution" on June 16, the work 
does not "state the date of publication" (in the sense of the Glossary) 
"in the work itself". Thus the work is not "to be considered published".

Laurent -



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