ETHICS-IN-GENEALOGY-L Archives

Archiver > ETHICS-IN-GENEALOGY > 2002-04 > 1018404167


From: "Joan Best" <>
Subject: Re: Re: [Ethics] right to privacy (was Posting)
Date: Tue, 9 Apr 2002 19:10:50 -0700
References: <179.66a0ea6.29e4e51d@aol.com>


I asked:

"This is such a startling accusation [person stole gedcom] that I am
wondering just how this person stole your gedcom. Did s/he hack into your
computer, break into your house or what?

April replied, in part:

> Ha ha. No. She didn't do that. She was the member of a private research
group and had access to the full unedited version (Living info and phone
numbers etc) of our group's database. The edited version was shared
freely to all non-members. ....

Joan B. replies:
April, what you describe is not called stealing. It may be a breach of
contract, if your group had an agreement about the use of the information
developed by the group, but it is not stealing. Accusing someone of
stealing is libel. [Yes, I am an attorney, and I do know what I am talking
about.] You don't seem to get it that so many people are commenting on
this, in opposition to what you said, because what you said is UNETHICAL.
It is wrong to accuse someone of stealing [ie, taking something without your
permission.] You say you shared it freely. S/he took it freely. That is
not stealing. I think most of us would agree that it was not a good thing,
maybe, even unethical, for this person to take the group's research
material and post it without the group's permission. However, at least for
me, accusations of stealing when that is not what happened, is worse than
what this person did.

Then April wrote:
But, Joan after all this happened to me, I did some research and I found
out that I am not the only one this happens to. If I was the only one, I
guess I'd say OK and just go through the courts and not bother posting these
concerns on boards.

Joan B. replies:
April, all you have to do is do a search for a specific person on
WorldConnect, for instance, to see how many people are copying others
GEDCOM, mistakes and all. We are all aware that this happens, and because
it is so obvious, it helps make new researchers aware that many of these
GEDCOMs are just a copy of someone else, and are not to be totally relied
on.

However, your solution to your problem, to go through the courts, is
ludiquish. If you have found an attorney to take your case to a court you
should check on his/her ethics. You don't have a snowball's chance in hell
of winning a court action against this person. Should you file s/he might
very well countersue for libel. S/he would have a better chance of winning
than you.

April then said:
Genealogy is not the only field this happens to. I think scientists have
grievance boards just for these types of complaints.

Joan B. replies:
The nature of original scientific research is not the same as genealogical
research. If a scientist figures out an easier way to do a known process or
another way of looking at known facts, only the original paper, detailing
his/her ideas, is copyrightable, not the known facts, or even the concept.
Scientific research that produces something new can be patented and
protected. The only way that genealogical research is protected is if the
original paper, in a form that is clearly put out as authored by a specific
person(s), detailing his/her/their ideas. Even then, the facts contained
therein are not protected. Material shared in a group, where all are
sharing in a joint enterprise, does not meet the criteria of copyrightable
material, except, maybe by the group.

April went on to say:
Up until this became a internet hobby, most of the people doing research
were genealogists or hobbyists who were limited to a small community who
wouldn't stand for the type of abuse that is going on now on the internet.

Joan replies:
Come now, April, I certainly have found bad scholarship in old bios and
compulations of genealogy. There are a lot of people whose interest in
finding their roots outruns their ability to do good research. How about a
little charity?

April said:
I think its an opportunity to educate these people about ethics of genealogy
as well as the thrill of finding connections and doing your own research.
People pick up their magazines and they see promises that all they need to
do is sign on and gain a family with a few clicks of the mouse. While this
may be true, it may not be their family -- the information could be
wrong--etc. Unless they know that you need to verify, and even how to
verify, there will be generations and generations will error- filled
genealogies. I think those who are experienced in this field need to stop
protecting the violators and instead show them the right way to do it.

Joan replies:
April, most people, I think, go through a learning curve, and eventually
become sceptical of gedcoms, particularly those without any cites. At any
given time there are people at various point on this curve, learning as they
go. I do think the experienced genealogists do help, not with threats of
lawsuits, but by adminstering message boards and lists, contributing to
newletters, answering questions. I see a great deal of assistance given
freely to help beginners.

Joan Best

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