IEEE Adds DMCA Clause for Submitted Papers

xpccx writes: "Newsforge has this blurb about the IEEE changing its 'IEEE Copyright Form' for submissions to the 'IEEE Copyright Transfer & Export Control Compliance Form.' From the IEEE site: 'While the IEEE standard manuscript submission process has always required authors to represent that the necessary clearances and approvals have been obtained, the newly revised Form now requires the author's explicit affirmation that the manuscript does not violate U.S. export laws or restrictions.' And specifically from the new form, 'The undersigned further warrants that the publication or dissemination of the Work shall not violate any proprietary right or the Digital Copyright Millennium Act (the "DCMA").' Maybe the IEEE just wants to protect itself from DMCA lawsuits, but I hope their intention is not to abandon authors who get sued."

Comments

IEEE obviously intends to hang authors out to dry.

[isaac]

How explicit a disclaimer do you need? It's obvious that not only does IEEE have no intention to stand up to DMCA claims brought against papers submitted for publication or presentation, but that if such claims are brought, that IEEE fully intends to recover (from the offending author) any costs they incur in the process of kowtowing to the offended media concern.

Why else would they make authors warrant that their work does not conflict with the DMCA? If the IEEE finds themselves named in a DMCA suit, they will go after the author (more probably, the author's employer) to recover their costs in a breach of contract action.

Bottom line, IEEE is folding like a full-service laundry. (Boo, hiss as appropriate)

-Isaac

Maybe it's a strategy.

[Paul the Bold]

Right now, it is a small group of people devoting a limited amout of resources to fighting the DMCA. As the Felten case showed, it is possible to use the threat of lawsuit to prevent publication, no matter how constitutionally unsound (remember, when it looked like it was headed for the Supreme Court, the plaintiff backed down). This announcement by IEEE should send shockwaves around the world. With "more than 377,000 individual members in 150 countries" and as the producer of "30 percent of the world's published literature in electrical engineering", this will make more than a little noise.

IEEE has clout and reputation, it is doubtful that something like this is going to kill their journals. I am an optimist; I like to think that they are stepping up to the plate rather than backing down.

IEEE and ACM have outlived their usefulness...

[Jagasian]

...just publish your tech reports, research papers, etc, on your own University web page. Use your own University's department to organize conferences and other get-togethers.