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On Sep 28, 2008, at 8:58 PM, Reese, Terry wrote:
>>> This seems like a real grey area.  I can see Thomson Scientific
>>> putting up a fuss when using ENS files generated by the creator of
>>> EndNote.  But ENS files can -- and have -- be created by just about
>>> anyone (librarians, journal publishers, researchers) and published  
>>> on
>>> the open web.

(As the original author of the quoted section above, please replace  
"can -- and have -- be created" with "can -- and have -- been created".)

> I'm not sure that's what they are saying.  Endnote does come with  
> ens files that they create (I believe, that was the case the last  
> time I looked at the software), managed and provided as part of  
> their application.  They certainly can claim rights to those (this  
> isn't really a gray area) -- and unless the Zotero software is able  
> to determine user generated files from files distributed as part of  
> the Endnote application, then it could be problematic.


Agreed -- if Thomson Scientific created the ENS style file in  
question, then it is their intellectual property and there are  
probably grounds for the lawsuit.

The version of EndNote I have (circa 2005) came with a couple dozen  
styles, and as of now Thomson Scientific has 3,500 up on their EndNote  
Styles website.  Even these may not be created by Thomson Scientific  
itself -- the notes in the Zotero enhancement ticket mention that some  
of the styles might be user-contributed.  A quick perusal of the  
Zotero code that decodes the ENS file (https://www.zotero.org/trac/browser/extension/trunk/chrome/content/zotero/xpcom/enstyle.js?rev=2908 
#L112) would seem to show that there is nothing in the ENS file that  
points to who created the style.  If there was some way to exclude  
EndNote style files created Thomson Scientific, then Zotero would  
probably be okay.

But, then again, I'm not a lawyer...


Peter
- --
Peter Murray                            http://www.pandc.org/peter/work/
Assistant Director, New Service Development  tel:+1-614-728-3600;ext=338
OhioLINK: the Ohio Library and Information Network        Columbus, Ohio
The Disruptive Library Technology Jester                http://dltj.org/
Attrib-Noncomm-Share   http://creativecommons.org/licenses/by-nc-sa/2.5/


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