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Gordon and Breach Lawsuit Fails in France

On June 21, the French Court of Appeals in Paris rejected a lawsuit filed by the Gordon and Breach Publishing Group against the American Institute of Physics and the American Physical Society. The case parallels decisions already handed down in the United States, Germany, and Switzerland that uphold the rights of the two scientific organizations to publish objective data on the subscription prices of physics journals.

The court found that “no element of the [case] file leads one to doubt the trustworthiness of the results published” in Physics Today and the Bulletin of the American Physical Society in 1986 and 1988 by the late University of Wisconsin nuclear physicist Henry H. Barschall that ranked G&B titles low in cost-effectiveness.

The decision, though it could still be appealed to the French Supreme Court, ends 13 years of litigation on whether Barschall’s survey data constituted unfair competition. In the United States, a similar ruling in 1997 by a federal district court was upheld by the U.S. Court of Appeals for the Second Circuit on January 25, 1999.

Posted July 24, 2000.

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