----- Original Message -----
From: Stevan Harnad <harnad_at_coglit.ecs.soton.ac.uk>
To: <AMERICAN-SCIENTIST-OPEN-ACCESS-FORUM_at_LISTSERVER.SIGMAXI.ORG>
Sent: Wednesday, February 23, 2000 7:07 AM
Subject: Re: Legal ways around copyright for one's own giveaway texts
> On Tue, 22 Feb 2000, Marvin Margoshes wrote:
>
> >sh> Could we hear some informed legal opinion about whether PRIOR
> >sh> self-archiving on the Web counts as prior publication in the precise
> >sh> sense that one affirms in a copyright agreement stating that "it has
> >sh> not previously been published"?
> >
> > I'm not a lawyer, but I have had a patent attorney explain to me what
> > "publish" means.
>
> Patents (and novels and software and music) are PRECISELY the wrong
> model for this give-away literature. Patent lawyers are concerned to
> protect the inventor from theft of his product. The researcher WANTS
> his "product" "stolen."
I'm afraid that you misread what I wrote. I did not talk about patents as a
model. I only mentioned that I had been informed on this subject by a
patent attorney. I wrote about what I've been told is meant in intellectual
property law - in the U.S. - by the word "publish". Both patents and
copyrights are protections for intellectual property.
This is an example of what I meant by saying that the Moderator is coloring
the discussion by jumping in with his views as soon as a posting is made.
In this case, he brought in an irrelevant matter as an objection.
Received on Mon Jan 24 2000 - 19:17:43 GMT