[Taxacom] nomen nuda and missing authors

Thu Aug 23 18:09:17 CDT 2018

"...multiple copies issued simultaneously and is available for free or by purchase"

8.1.3.1. numerous identical and durable copies

"numerous" is more than "multiple" and 3 or so copies of a thesis arguably isn't enough

8.1.1. it must be issued for the purpose of providing a public and permanent scientific record

A thesis is issued for the purpose of obtaining a university degree

The availability of theses is also often restricted in some way, so that could count against "available for free or by purchase"

Stephen

--------------------------------------------
On Fri, 24/8/18, Neal Evenhuis <neale at bishopmuseum.org> wrote:

 Subject: Re: [Taxacom] nomen nuda and missing authors
 To: "Michael A. Ivie" <mivie at montana.edu>, "Taxacom List" <TAXACOM at mailman.nhm.ku.edu>
 Received: Friday, 24 August, 2018, 10:55 AM

 We here in Hawaii have a similar
 problem in that a dissertation was done revising the large
 and speciose genus Scotorhythra (Lepidoptera: Geometridae)
 but the student never published the dissertation and has now
 left the country to be a teacher in the UK and supposedly
 has no intention of ever publishing it. What to do???
 Well...

 There has been a
 change in the ICZN Code from the 1985 (3rd edition - red
 book) to the current 2000 (4th edition - green book) with
 regard to Article 9 (what does not constitute a publication)
 and specifically theses.

 -
 Article 9(11) of the 1985 Code stated that documents
 deposited in a library or archive (e.g., a thesis) is not a
 publication.
 - Article  9 of the 2000
 (current) Code does not have that item listed any longer.
 There is, however, an item (Article 9.7) that specifies that
 copies obtained on demand [such as those obtained via the
 former Dissertations International] do not constitute
 publication. But there is nothing that specifies that a
 thesis that is published with ink on paper with multiple
 copies issued simultaneously and is available for free or by
 purchase does not constitute a publication.

 Of course, this has engendered
 discussion from those who maintain such works as
 dissertations and theses still do not merit publication
 status and those who do. If the work in question in this
 case has a disclaimer that the new names it in are not for
 the permanent scientific record, then it is not. If there is
 no such disclaimer, then it falls into the potential of
 being a valid publication according to the current Code.

 -Neal

 From: Taxacom <taxacom-bounces at mailman.nhm.ku.edu<mailto:taxacom-bounces at mailman.nhm.ku.edu>>
 on behalf of "Michael A. Ivie" <mivie at montana.edu<mailto:mivie at montana.edu>>
 Date: Thursday, August 23, 2018 at 12:26 PM
 To: taxacom <TAXACOM at MAILMAN.NHM.KU.EDU<mailto:TAXACOM at MAILMAN.NHM.KU.EDU>>
 Subject: [Taxacom] nomen nuda and missing
 authors

 While we are
 talking about making names available without impinging on
 the work of others, I have a question about the
 morals of a situation
 that I think comes up
 relatively often.

 Stephen
 Wayne Nichols published a paper on scaratine carabids in
 Liebherr's 1988 book on West Indian
 Biogeography, and used several nomen
 nuda. 
 The work had photos and distribution maps, and it is
 sometimes
 possible to figure out what the
 names go with.  He then finished a
 dissertation at Cornell, also in 1988, in which
 he fully treated the
 names with descriptions
 and repositories, but never published it.  A
 couple years later, he simply disappeared. He
 seems to have
 intentionally disappeared from
 all entomology related aspects of his
 former
 life.  I was an office mate and fellow grad student with
 Steve,
 and considered him a good friend, so
 this is not hearsay.

 These
 nomen nuda have made their way into the literature, along
 with
 some new combinations and other
 details.  I need to use the information
 in
 his dissertation, but the names are unavailable, and I
 don't want to
 validate them under my
 name.  Is it moral to submit a paper under his
 name with the minimum data needed to validate
 the names? Would an editor
 even allow such?
 Should they? What about lifting passages from the
 dissertation and putting them in a paper
 authored by myself, but
 attributing the
 names to Nichols? Can I do that without permission?

 Any ideas?

 Mike Ivie

 --
 __________________________________________________

 Michael A. Ivie, Ph.D.,
 F.R.E.S.

 NOTE: two
 addresses with different Zip Codes depending on carriers

 US Post Office Address:
 Montana Entomology Collection
 Marsh Labs, Room 50
 PO Box
 173145
 Montana State University
 Bozeman, MT 59717
 USA

 UPS, FedEx, DHL Address:
 Montana Entomology Collection
 Marsh Labs, Room 50
 1911 West
 Lincoln Street
 Montana State University
 Bozeman, MT 59718
 USA

 (406)
 994-4610 (voice)
 (406) 994-6029 (FAX)
 mivie at montana.edu<mailto:mivie at montana.edu>

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