You also claim that I am making up my own definitions of plagiarism and copyright infringement. I insist on pointing out with regard to this question that the criteria I am using in accusing you of plagiarism and copyright infringement are not something I have made up. Every major journal and every educational institution has guidelines regarding these points, all of which are very similar. If Chinese scholars, such as yourself, expect to participate in the worldwide culture of science, you must learn to abide by the standards set forth in these guidelines. I have attached one such set from the American Chemical Society. You will note that not only do YOU not have the right to reproduce my article, even I do not have the right to use more than 400 words from my own publication, nor can I use my own illustrations, without written permission from the journal. Copyright not only protects the author of a work, but also the publisher of that work! This raises a point that has not yet been discussed in our correspondence, which is that you have not only plagiarized and/or breached the copyright on my article, but also Oxford University Press, which published the book in which my chapter appears. Did you get their written permission to use my material?
(你还宣称我自制了剽窃与侵犯版权的标准。对此我坚称我指控你剽窃与侵犯版权的标准并非自己心血来潮。对这些问题每一个重要的杂志与每一个教育机构都有指南并且都大致相同。如果象你这样的中国学者希望参与世界科学文化,你必须学会遵守这些指南所立定的规则。我为你附上美国化学协会的标准。你应当注意到,不仅仅是你无权复制我的文章,甚至我自己都不能从我的发表文章中复制超出400字的内容,也不能再使用我自己的图表,除非取得杂志的允许。版权不仅保护作者的权益,也保护出版商的权益!这就涉及到我们的讨论中还没有论及的一个要点,这就是你不仅剽窃与(或)侵犯了我的文章的版权,也剽窃侵犯了牛津大学出版社的版权,该出版商出版了含有我的文章的书。你从他们那里获得了使用我的材料的许可没有?)
Your only response to that issue so far has been to say that you are an expert on fraud and you know that you have not plagiarized me or violated my copyright. Yet you refuse to reveal the criteria you are using in making that decision, which not only leaves me in the dark, but also leaves the people of China in the dark about how you reach your conclusions regarding the fraudulent behaviors of anyone you accuse. And there is an additional problem: even if you get around to divulging your criteria, you can't be the judge in your own case. Indeed, you can't be the accuser, judge and jury in any fraud case and yet that is exactly the power you have attempted to accrue to yourself.
(你对这一问题的迄今为止的回应是你是打假专家,你鉴定你没有剽窃我,也没有侵犯我的版权。然而,你拒绝提供你的鉴定标准,这不仅是让我,也让中国人民茫然无知,你指责任何人造假采取什么标准。这还有更进一步的问题:即使你最终遮遮掩掩地说出你的标准来,你也不能成为你这一案的裁定者。实际上,在任何案例中,你都不能同时扮演指控者、法官、与陪审团的角色,然而,那正是你试图为已攫取的权力。)
And here we get to the crux of the matter. I am far less worried about whether you have stolen some of my work than I am worried that you have set yourself as an unassailable and unregulated monitor of fraud in China. No individual should ever have the power that you have taken upon yourself. You have every right, and indeed every responsibility, as do I!, to point out fraud wherever you think it occurs, but you do not have the right to decide whether your accusations are valid. For you see, if you have that right, then so do I, in which case you would be guilty of plagiarism and copyright violations just because I said so. You clearly don't want that to be the case (nor do I), but you must learn from this controversy that you cannot have that power over others, either. The determination of fraud must lie in the hands of unbiased, disinterested parties, both in this case and in any other case you might bring or be accused of. I'm not sure who in China, or in the world, should decide how much of my work you should be permitted to use without permission, but I do know it is not you! My fondest hope at this point in time is that our controversy will lead to substantial changes in how fraudulent practices such as plagiarism and copyright infringement are handled in China and in who has the authority to handle such issues.
(现在我们就进入了问题的中心。我对你是否偷窃了我的部分作品的担心远不如我担心你把自己当成了监督中国造假行为的一个不受制约也不承担指控的角色。没有任何个人应当拥有你所攫取的权力。你(我也一样!)拥有绝对的权力,也实际上是绝对的义务,来揭露任何造假,但是你无权决定你的指控是否正确。你应当看到,如果你有此特权,我也应该有,那样的话,就可以因为我说你剽窃与侵权了,你就剽窃与侵权了。你显然不愿就此伏法,我也不愿如此行事。但是你必须籍着这样的矛盾理解到你不能拥有超越别人的特权。决定造假取决于没有偏见的、没有利益倾向的行为者,无论是在这一案例中,还是其它你指控别人的案例或者你受指控的案例中。我不知道究竟在中国,或者在世界其它地方可以决定你可以不经过允许而使用多少我的作品,但我确信,那必不是你自己!我现在的对此事的最大期望是此案会导致中国针对造假(比如剽窃与侵犯版)的案例处理实践以及谁拥有此类事件的发言权带来巨大的变化)加拿大华人网 http://www.sinoca.com/
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