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.p
df.  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 Think Green - don't print this email unless you really need to

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