Saturday, October 10, 2015

Just a notice

An interesting kind of retraction was recently brought to my attention. It seems that a professor of law had published an article in the bi-weekly Juristenzeitung on, of all things, copyright and academia. As the Passauer Neue Presse reports and the Legal Tribune online comments, this article about Open Access reproduced some passages from another legal scholar without attribution, and the university is investigating.

Sharp eyes found an intriguing entry on page 936 of the current issue of Juristenzeitung: For only $ 33 plus tax (unless your institution subscribes) you can download a copy of this short notice (translation mine, names left out to keep me from being sued):





Notice about the article "'Ein Knauf als Tür' ...." by U..... M.....:

This contribution contains verbatim material on pages 222-225 of the main text as well as in the footnotes on pages 223, 224, 226, 227, 231, and 232 that was taken from the article by A.... P. .... I regret deeply, that this presumption of copyright happened and accept the full responsibility for it. I would like make a formal apology to A... P...

U..... M......

(Editor's note: We were informed of the problem by the author and wish to join in the apology. The electronic version of the article is no longer online.)
Hmm, this is a de-publication at the publisher's site instead of publishing a retraction notice. The online table of contents jumps from page 221 to page 232, the article has vanished. Of course, the abstract is still on the Juris database and at Researchgate and probably a number of other places. Do lawyers not understand that an article, once published, is now publicly available, and thus should not just disappear, but a notice of what happened put in its place? It could even have been quoted, and of course still may be, as it is in the print issues.

Isn't there something also missing in the "notice"? An apology to the readers? Because they, much more so than the original writer of the text, are the ones who were misled. A documentation and discussion of the extent of the "verbatim material" can be found in the depths of the Internet.

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