[OKFN-IN] Fwd: [SPICY IP] Internet Fraud: Bogus Open Access Journals

Tue Oct 16 05:25:14 UTC 2012

Dear All,

Apologies for cross posting....

Please read the blog post on SPICY IP on Fraud OA Journals.

Thanks & Regards
Sridhar
__________________________________________________________
Sridhar Gutam PhD, ARS, Patent Laws (NALSAR), IP & Biotech. (WIPO)
Senior Scientist (Plant Physiology) Central Institute for Subtropical
Horticulture <http://www.cishlko.org>
 Joint Secretary, Agricultural Research Service Scientists'
Forum<http://www.icar.org.in/en/node/1168>
Convener, Open Access India <https://www.facebook.com/oaindia>
Rehmankhera, Kakori Post
Lucknow 227107, Uttar Pradesh, India
Phone: +91-522-2841022/23/24; Fax: +91-522-2841025
Mobile:+91-9005760036/8005346136
Publications: http://works.bepress.com/sridhar_gutam/ <http://goo.gl/EQAwr>
 <https://www.facebook.com/gutamsridhar>
<http://www.linkedin.com/in/sridhargutam>
<http://twitter.com/gutam2000><http://works.bepress.com/sridhar_gutam/rss.html>

---------- Forwarded message ----------
From: Mathews P. George <mathewspgeorge at gmail.com>
Date: 16 October 2012 07:58
Subject: [SPICY IP] Internet Fraud: Bogus Open Access Journals
To: spicyip at googlegroups.com

<http://1.bp.blogspot.com/-BTT3Y-9CnOg/UHzDRT32W9I/AAAAAAAAAGc/YxE0JC5siI4/s1600/open_access_sign_by_gideon_burton.jpg>Another
ingenious internet fraud is on the rise – fraud committed in the name of
Open Access (“*OA*”) journals. Unlike subscription-based journals, OA
journals are those which are freely accessible online.  The business model
revolves around the author-pay mode — where researchers pay for publishing
their work. [The Hindu report is available
here<http://www.thehindu.com/sci-tech/technology/on-the-net-a-scam-of-a-most-scholarly-kind/article3939161.ece?homepage=true>.]

 Broadly speaking, the modus operandi is to send mails to researchers and
scientists soliciting manuscripts. They try to entice researchers by
keeping the processing fee low. All bogus journals, as a rule, promise
quick processing time. While many titles do not have editors listed on the
websites, a few others carry the names of respected researchers from
reputed institutions without their consent. In some cases, the titles of
bogus OA journals closely resemble those of genuine ones.

While there exist genuine OA journals, there exist a substantial number of
bogus OA journals. As the bogus OA journals lack an honest peer review,
they are sometimes used as a platform to publish low-quality work or
manuscripts that have been rejected by genuine publishers. The issue of
bogus journals warrants attention as these bogus OA journals have the
potential to irreparably harm the scholarly literature.

 It is difficult to detect the fraud considering the ever rising number of
genuine/non-genuine OA journals and inexperience of a developing country
researcher in scholarly communications. As there does not exist any
organisation or system to check the entry of counterfeits, the onus is upon
the researchers to be vigilant. Those who intend to publish articles may
consider going through Prof. Beall’s blog
[here<http://scholarlyoa.com/publishers/>and
here <http://scholarlyoa.com/individual-journals/>] for identifying bogus
journals. Further, I suggest them to read ‘The Hindu’
article<http://www.thehindu.com/sci-tech/technology/on-the-net-a-scam-of-a-most-scholarly-kind/article3939161.ece?homepage=true>
.
 *
*
 *Information Technology Act, 2000 and Indian Penal Code, 1860*

 A fraud of this nature attracts both Information Technology Act, 2000 (“*IT
Act*”) and Indian Penal Code, 1860 (“*IPC*”) especially considering the
‘long arm’ nature of both the statutes. Merely accessing a website from a
computer located in India will vest the judicial fora with jurisdiction
under the IT Act. Similarly, any person liable by any Indian law to be
tried for an offence committed beyond India shall be dealt with according
to the provisions of IPC for any act committed beyond India in the same
manner as if such act had been committed within India.

 Impersonating a genuine OA journal constitutes an offence under Section
66C (Punishment for identity theft) if it is done fraudulently or
dishonestly. It can also attract Section 66D (Punishment for cheating by
personation by using computer resource) of IT Act. As the IT Act has not
defined “personation”, the provision is applicable to a vast array of
phishing attacks. Impersonation also attracts Sections 415 (Cheating) & 416
(Cheating by personation) of IPC. Cheating under IPC *inter alia*
involves *intentionally
inducing the person so deceived to do or omit to do anything which he would
not do or omit if he were not so deceived and which act or omission causes
or is likely to cause damage or harm to that person in body, mind,
reputation or property*.

 Publication of a genuine scholarly article in a bogus OA journal may also
attract Section 425 (Mischief) of IPC as such publication can* destroy or
diminish the value* of such article. Also, carrying the names of reputed
personalities as members of editorial boards without their consent can also
attract Section 499 (Defamation) of IPC – as it may harm the reputation of
such persons.

 It may, however, not be possible to tackle all the issues strictly from a
legal perspective. Awareness about the bogus OA journals may offer the best
practical solution. Scholars may be sufficiently warned against publishing
their articles in such bogus OA journals. Further, it will also dissuade
academicians who perceive such journals to be a platform for publication of
articles which lack intrinsic value.

--
Posted By Mathews P. George to SPICY
IP<http://spicyipindia.blogspot.com/2012/10/internet-fraud-bogus-open-access.html>at
10/16/2012 07:58:00 AM

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