totally agree!
Charles

Professor Charles Oppenheim

--- On Mon, 14/5/12, Pippa Smart <pippa.sm...@gmail.com> wrote:

From: Pippa Smart <pippa.sm...@gmail.com>
Subject: [GOAL] Re: UK Defamation Bill and OA
To: "Global Open Access List (Successor of AmSci)" <goal@eprints.org>
Date: Monday, 14 May, 2012, 11:34

Is the inclusion of "etc" in the heading of the section meant to signify other 
academic publications? ("Peer-reviewed statement in scientific of academic 
journal etc.")
-  if so it will need to be somewhat better defined


Pippa

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On 11 May 2012 09:56, David Smith <david.sm...@cabi.org> wrote:










In singling out peer reviewed scholarly articles, it would also seem to imply 
no additional protection for material in scholarly books or other longer form 
content.
 It does raise an interesting question as to whether somebody could go after a 
pre-print even if it was in a published journal. Or whether a paper in review 
has any form of protection – only a problem if you’ve made it public (via a 
repository) first I guess.
 Are there any defamation cases that pertain to published literature? The only 
thing I can think of that comes close is the libel case by the British 
Association of Chiropractors against the author Simon Singh 
(http://news.bbc.co.uk/1/hi/sci/tech/8621880.stm)
but that was against an article/blog in the Guardian.

 
David
 
 
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From: goal-boun...@eprints.org [mailto:goal-boun...@eprints.org]
On Behalf Of CHARLES OPPENHEIM

Sent: 11 May 2012 09:27

To: Global Open Access List (Successor of AmSci)

Subject: [GOAL] UK Defamation Bill and OA
 




This has just been published - 
see http://www.publications.parliament.uk/pa/bills/cbill/2012-2013/0005/13005.pdf.
  Clause 6 gives special protection
 against defamation actions to peer reviewed scholarly articles (the first time 
peer review has figured in a piece of legislation??). This is something that 
scholarly publishers will no doubt pick up on as an argument against unrefereed 
green OA.



 


Charles



Professor Charles Oppenheim

 






 




P
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