Re: The Economist and e-Archiving

["Marc Brodsky" <brodsky@aip.org>]

Who decides what is unlawful to publish? To archive? A French Court about
a UK publication? About a US publication? About your right to speak? To
archive?

Years ago, we in the physics community (The American Institute of Physics
and the American Physical Society and Heinz Barschall) had a similar
ruling from a French court about articles we had published in the US and
had to appeal to higher courts and incurred extensive legal expenses over
many years before French courts finally agreed we had the right to publish
objective, factual data about journal prices. Barschall's Estate, after he
passed away, was even held in limbo for years until we were vindicated. We
had similar expensive defenses in Germany, Switzerland and the US and won
them all, albeit enduring tremendous legal expenses in money and time and
effort. It is all a matter of what the publisher thinks is lawful and true
and whether it is willing to then stand up for the right to publish and
not erase history. Marc

Marc H. Brodsky
Executive Director and CEO         E-mail: brodsky@aip.org
American Institute of Physics       Phone: (301) 209-3131
One Physics Ellipse                       Fax: (301) 209-3133
College Park, MD 20740-3843