Message 2004-08-0007: Fwd: Re: Registration

Sat, 28 Aug 2004 20:03:09 -0700 (PDT)

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Date: Sat, 28 Aug 2004 20:03:09 -0700 (PDT)
From: "Jaime A. Headden" <qilongia@yahoo.com>
To: List PhyloCode <phylocode@ouvaxa.cats.ohiou.edu>
Subject: Fwd: Re: Registration

Forwarded ...

--- "Jaime A. Headden" <qilongia@yahoo.com> wrote:

> Date: Sat, 28 Aug 2004 13:33:20 -0700 (PDT)
> From: "Jaime A. Headden" <qilongia@yahoo.com>
> Subject: Re: Registration
> To: dinosaur@usc.edu
> CC: david.marjanovic@gmx.at
> 
> David Marjanovic (david.marjanovic@gmx.at) wrote:
> 
> <Why so aggressive/frustrated this time? Or am I misinterpreting your
> tone?>
> 
>   No. I want to get to the core of what I think is either too lax of a
> system or too easy a one to play with, and to point out reasons why the
> current recommendations and "registration" need to be tighter, more
> controlled. There is no "frustration" involved, even if the intent is
> aggressive as far as it goes to get my points across.
> 
> <It isn't automated. If you coin a name and want it to be valid, you
> have
> to visit the registration database (available online, of course) and
> submit it. The webmaster will register it as soon as you notify him/her
> of
> publication.>
> 
>   And what qualifies as publication? David stated below that _some_
> dissertations _could_ be, which is ridiculous: dissertations on their
> face
> have NEVER been treated as a valid source of nomenclature, no MATTER the
> number of institutionally available copies there were, or how many
> people
> had a copy of it. This is usually why authors of dissertations tend to
> _publish_ their work after the thesis/dissertation has been accepted and
> they attain their degree; some publish work from it PRIOR to acceptance,
> but that is a moot issue.
> 
> 4.2. Publication, under this code, is defined as distribution of text
> (but
> not sound), with or without images, in a peer-reviewed book or
> periodical.
> To qualify as published, works must consist of numerous (at least 50
> copies), simultaneously obtainable, identical, durable, and unalterable
> copies, some of which are distributed to major institutional libraries
> in
> the field so that the work is generally accessible as a permanent public
> record to the scientific community, be it through sale or exchange or
> gift, and subject to the restrictions and qualifications in the present
> article.
> 
> <No more nomina nuda.>
> 
>   Actually, if it were to meet the requirements of publication, the name
> can still be considered as published in agreement to the code. Does this
> name get "forgotten" until the description/definition exists? Or someone
> actually assigns it a number? It's that "someone" that worries me.
> 
> <Hardly, because the qualifications for validity are so simple. Note
> that
> before actually submitting the name, the author is most likely going to
> search the database for a homonym (identical name) or synonym (identical
> definition).>
> 
>   Possible, doesn't mean s/he will. Are we including all invertebrates
> to
> avoid *Syntarsus* and *Rahova* conflicts again? What plants will go in,
> and who will rename *Gastonia,* the tooth, preoccupied by the plant?
> 
> <A few dissertations _can_ be -- simply if they meet the criteria of
> publication, such as public availability in enough copies. We've had
> that
> discussion. By extrapolation, I don't believe it's regulated what a
> "casual" magazine might be.>
> 
>  "4.2. Publication, under this code, is defined as distribution of text
>   (but not sound), with or without images, in a peer-reviewed book or
>   periodical. To qualify as published, works must consist of numerous
> (at
>   least 50 copies), simultaneously obtainable, identical, durable, and
>   unalterable copies, some of which are distributed to major
> institutional
>   libraries in the field so that the work is generally accessible as a
>   permanent public record to the scientific community, be it through
> sale
>   or exchange or gift, and subject to the restrictions and
> qualifications
>   in the present article."
> 
>   ... and ...
> 
>  "Note 4.2.2. Approval of a work by a thesis or dissertation committee
> does
>   not constitute peer review."
> 
>   ... show that NO dissertation/thesis is valid.
> 
> <- Under the ICZN, you _don't need_ any statement of intent.
>  *Ricardoestesia* and *Richardoestesia* are two different names under
> the
> ICZN (even though they just so happen to be objective synonyms).
> Likewise,
> each and every misspelling in a published (according to the Code) work
> is
> a new scientific name.>
> 
>   Fortunately, this is also how the ICZN treats different names, since
> it
> was possible for a name to be valid if it disagreed by only ONE letter
> with another name, where before this was more vague and required
> arbitration or renaming.
> 
> <- Under the ICZN, it's enough to publish a name to make it valid. It's
> a
> nomen nudum in that case, but still. Under the PhyloCode a name cannot
> become validly published if it isn't already registered!>
> 
>   It can't be a nomen nudum unless it's published. If it's published
> with
> intent, under the code, it's not a nomen nudum. Imagine how this works
> out: Mike Keesey publishes his description of a clade system (see
> http://dino.lm.com/) in a periodiocal (note, publication criteria
> doesn't
> require peer-review, it says "_or_ periodical" [of which _Prehistoric
> Times_ is one]) as a description, using the names *Alpha,* *Beta,* etc.
> These, because they show NO intent to name new species but simply form
> species/genus and clade groups by explicit use, even offer definitions,
> become absolute valid names. This WON'T work under the Phylocode due to
> the following (restated):
> 
> <"7.2. In order to be established, a name of a taxon must: (a) be
>   published as provided for by Article 4; (b) be adopted by the
> author(s),
>   not merely proposed for the sake of argument or on the condition that
> the
>   group concerned will be accepted in the future; (c) comply with the
>   provisions of Articles 7 and 9-11; (d) be registered as provided for
> in
>   Article 8, and the registration number be cited in the protologue; and
>   (e) comply with the provisions of Article 17.">
> 
>   This note does in fact require a statement of intent, otherwise how
> does
> one differentiate something written "for the sake of argument" versus
> anything else that would then not qualify 7.2.b?
> 
> <In other words, it is _impossible_ to create a nomen nudum under the
> PhyloCode. You simply can't make a name that doesn't have _at least a
> definition_.>
> 
>   Let's go back a few steps. It is NOT possible to publish a name, and
> THEN register it, as I understand it from Article 7. It must be
> registered
> PRIOR to publication. Now, some magazines have embargoes, and while this
> doesn't prevent them from dispersing info to newspapers for
> dissemination
> _on time_, it does involve an interesting connundrum: I would have to
> REGISTER my name prior to publication, THEN verify to the database that
> it
> exists, to get the registration number, THEN get that published IN THE
> PROTOLOGUE, which has to be published with the name to make it valid.
> Correct? Say that I manage to get this registration number back in time
> to
> get it into the protologue prior to publication, but the editorial
> process
> has closed, and it is no longer possible for me to make emmendations or
> add a corrigendum to my paper. What do I do now?
> 
> <It also works on lots of names that the current codes do cover. That's
> called "conversion of preexisting names".>
> 
>   I DID mention this, to my credit, in the sense of "names the ICBN/ICZN
> does not cover."
> 
> <That's an advantage of the former over the latter, and that's my
> point.>
> 
>   Except that the name *Avgodectes* has, also, applied to what PhyloCode
> considered criteria of publication (it was in a periodical, ya know),
> shows an intent to name species, make itself available for the permanent
> record, and a nearly complete "protologue" either in Peters' article, or
> in Wang and Zhou which Peters referenced for the sake of
> illustration/photo and further description. Hey, it saves paper time!
> The
> name is now available to be a converted clade name.
> 
> <Yes -- that wasn't the topic at all.>
> 
>   Actually, that was part of the whole topic: this thread isn't about
> JUST
> the PhyloCode and registration, it involves as I was hoping to discuss
> registration and consideration of validity, coming back to *Avgodectes*
> to
> make it's points.
> 
> <"8.2. At the submitter's request, a name or definition that he or she
>   proposed can be changed or removed from the registration database if
> it
>   is not yet published.">
> 
>   Ah, but it WAS published. It was just published in ERROR. As one may
> note, some names get noticed for error after publication, a condition we
> may recall with regards to *Agnostiphys*/*Agnosphytis*. This is a
> critical
> point that the PhyloCode has one hand DOWN from what the ICZN can do: a
> first revisor, preferrably the original authors, may indicate in press
> which name was the intended name. At this point, BOTH names should be
> entered as published, a database of erroneously published names,
> essentially, or lapsus calami, but only ONE gets a registration number
> as
> nomen validum. Simple as that. BUT that's a lot more work, isn't it?
> 
> <"8.3. ...">
> 
>   References definitions, not the name.
> 
> <I can't quite imagine an editor dropping a word, however.>
> 
>   It can happen by accident. A word, a letter, etc.
> 
> <Article 8.2 gives you lots of time to correct everything.>
> 
>   It can't slow the flow of editorial or publication time, and the
> period
> in which you have to correct your draft or plate before the process is
> closed so that it may go to press. The PhyloCode spends more time
> discussing rules for definitions and registration than it does
> referencing
> publication criteria and the ability to correct this ... except for the
> definition and pre-publication correctiveness, not post-publication
> corrections, etc. It's as if the registration act is the end-all of
> nomenclature.
> 
> <Er... a name without a definition can't be valid under the PhyloCode.
> If
> you want to publish a name without a definition, and want people to use
> it, you'll have to use the appropriate preexisting code -- as you'll
> have
> to do for species as long as the rules for species won't be written.>
> 
>   It is available as a name to be made into a converted clade name, so
> sure it is. All one has to do is supply a definition ANYWHERE and get
> that
> to the PhyloCode FIRST, before anyone beats you to the punch.
> 
> <Yes, and? I don't quite understand what your point is.>
> 
>   It is unneccessary to supercede the ICZN for recommendations regarding
> availability of nomenclature of names it covers, when PhyloCode will
> reject them for not having a definition, or that the registration
> process
> really is about a guy punching in a few numbers to the tune of a running
> clock. Or that validity of the name depends on when the registrar can
> see
> the name, at no other time, and made available by date=n. I made a point
> contradicting an automated process, and this would seem refuted by the
> admission of a person who has to be told of a publication date and time.
> Someone has to check to make sure that publication is REAL. NO one can
> go
> back and fix the errors in publication, or determine which name was the
> intended proper name, because ...
> 
>  "14.3. When two or more synonyms have the same publication date (Art.
> 5),
>   the one that was registered first (and therefore has the lowest
>   registration number) takes precedence."
> 
>   ... it has already been decided. Note further:
> 
>  "18.1. The original spelling of a name established under this code is
> the
>   correct spelling and should be retained in subsequent publications,
>   except for the correction of typographical errors (see Art. 18.5). The
>   original spelling is the one that is used in the protologue at the
> time
>   of establishment and that is registered (see Art. 8)."
> 
>   ... that name would be under 14.3. But then, the following ...
> 
>  "18.3. If the registered spelling of a name disagrees with the spelling
> in
>   the protologue, the author should determine which is correct. If the
>   author determines that the registered spelling is incorrect, it is to
> be
>   corrected in the registration database and a note added stating that
> the
>   change was made. If the protologue is incorrect, the registration
>   database is to be annotated to alert users that this is the case.
> 
>  "18.4. If the registered spelling of a name disagrees with the spelling
> in
>   the protologue or the name is spelled more than one way in the
>   protologue, and the author is no longer alive or is otherwise unable
> to
>   determine which spelling is correct, the following guidelines are to
> be
>   used: If it is clear that all but one of the spellings are
> typographical
>   errors, the remaining one is treated as correct. If it is not clear
> which
>   spellings are typographical errors, the one that is most consistent
> with
>   Recommendation 17B is treated as correct. If it is not clear which
>   spellings are typographical errors, and it is not clear that one is
> more
> 
>   consistent with Recommendation 17B than the others, the one
> immediately
>   associated with the designation "new clade name," "converted clade
> name,"
>   etc. is treated as correct. If the registered spelling is determined
> to
>   be incorrect, it is to be changed in the registration database and a
> note
>   added stating that the change was made. If the protologue is
> incorrect,
>   the registration database is to be annotated to alert users that this
> is
>   the case. Such decisions regarding the correct spelling of a name may
> be
>   made by any person but must be published (Art. 4) before the
> registration
>   database is corrected or annotated."
> 
>   ... then how is the change to be made? The latter article sub-article
> notes that this can happen, but not HOW. "It is to be made" sounds yet
> like more red-tape, and less of an automated system. Even further, while
> it involves the author, the author is NOT allowed to change it, but the
> first use of the name is to be accepted, or that which is attached to
> the
> key phrase "new clade name" or etc.. NO room for error. This last
> subarticle (18.4) would seem to be clarifying, yet it disagrees with
> previous articles (14.3, 18.1, 18.3) in what action can be taken.
> Instead,
> this needs correction and/or clarification. An appeals system, even, and
> not an appeal to the registrar. It's not as if the author will have
> direct
> access to the registry to make the change himself, but someone else is
> at
> the helm.
> 
>   How many points have I made as yet?
> 
>   1) the system is not automated.
> 
>   2) there IS red-tape involved in doing something as fundamental as
> choosing the name and getting it recognized.
> 
>   3) the registry has more kinks in it than it SHOULD, and thus
> complicates the system, not smooths it.
> 
>   4) *Avgodectes* is still a valid name until a definition is coined and
> accepted. Otherwise, PhyloCode is not valid as yet, thus has no say.
> 
>   Cheers,
> 
> =====
> Jaime A. Headden
> 
>   Little steps are often the hardest to take.  We are too used to making
> leaps in the face of adversity, that a simple skip is so hard to do.  We
> should all learn to walk soft, walk small, see the world around us
> rather than zoom by it.
> 
> "Innocent, unbiased observation is a myth." --- P.B. Medawar (1969)
> 
> 
> 	
> 		
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=====
Jaime A. Headden

  Little steps are often the hardest to take.  We are too used to making leaps in the face of adversity, that a simple skip is so hard to do.  We should all learn to walk soft, walk small, see the world around us rather than zoom by it.

"Innocent, unbiased observation is a myth." --- P.B. Medawar (1969)


		
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