RE: RE: RE: How Many Trees? (WAS: URGENT: Immediate ethical issue)

["GeneK" <gene -at- genek -dot- com>]

That is correct.  Once you publish the fact that you counted
the trees and there are 10,380 of them, that fact is public
domain and anyone can repeat it, anytime, any way, and if
they don't credit you for doing the research the best you
can do is publicly chastise them for not giving you whatever
glory comes for being first to publish the data.  But the
actual document you published to report the fact originally
is still protected by copyright, and if anyone republishes
it without permission outside of the limitations of "Fair
Use," you can sue them for infringement.  So if you think
there's commercial value in knowing how many of those trees
there are, you need to restrict the data to a limited number
of subscribers and make them all sign NDAs agreeing to pay
you a pile of bucks if they blab the info to a 
nonsubscriber.

Gene Kim-Eng


------- Original Message -------
On
Mon, 5 May 2003 16:35:40 -0400 Gillespie, Stephen (Contractor)?wrote:

OK, let me try to clarify my position (one more time): If I publish a paper
on the results of my research, concluding that "there are 10,380 pine trees
in the Yosemite forest" and (according to Dick Margulis, who has it on good
authority that if I WROTE it, it's INSTANTLY/AUTOMATICALLY copyrighted), and
then someone comes along and writes their own paper, using the fact that I
had discovered ("10,380 pine trees") and publishes it - but WITHOUT
crediting me for the information - are you saying that's NOT plagiary
(copyright infringement)?


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