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- From: jlove@ivrit.ra.itd.umich.edu (Jack Love)
- Newsgroups: sci.archaeology
- Subject: Qimron's suit against BAR
- Date: 22 Nov 1992 22:03:06 GMT
- Organization: /usr/local/trn/lib/organization
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-
- As promised in an earlier item, the following is a summary of the
- issues involved with the suit filed on account of the publication
- of the Qumran scroll known as MMT. This summary is based on an
- article by the editor of Biblical Archaeology Review (BAR), Hershel
- Shanks, in the September/October 1992 issue (vol. 18 number 5, p.
- 67ff).
-
- The plaintiff in this matter is Prof. Elisha Qimron of Ben-Gurion
- University of the Negev (Israel). The scroll in question was first
- discovered about 35 years ago and is evidently in very poor
- condition. Prof. Qimron indicates that he (and John Strugnell,
- formerly chair of the Dead Sea Scroll international committee)
- invested enormous energy in reconstructing the scroll fragments. As
- near as I can tell from reading the account in BAR (which is, after
- all, the defendant in this action), Prof. Qimron claims that his
- efforts in reconstruction give him intellectual rights over the
- text. Strugnell has not joined the suit.
-
- The MMT scroll was not available for BAR's facsimile edition of the
- DSS (prepared by Eisenman and Robinson and published by BAR in
- 1991). However, BAR knew that the scroll had been published in an
- obscure Polish journal, and they included the text from that
- journal. Evidently, the Polish publication had obtained the text
- and published it without Qimron's permission (the exact mechanism
- here is unclear to me). Since the publication, it first withdrew
- subsequent distribution of the article, but then resumed doing so.
- Qimron has not initiated any legal action against the Polish
- publication as far as I know.
-
- BAR's counterclaim is that the copyright on the Dead Sea Scrolls
- expired about 2000 years ago. Even with regard to the
- reconstructive surgery, rights evaporated as soon as the Polish
- publication was issued.
-
- Qimron is alleging damages in excess of $200,000. The case is being
- tried in the Israeli courts, and Qimron was successful in getting
- an injunction against the distribution of the BAR book anywhere in
- the world (although I'm not sure I understand how this can be
- enforced). BAR has indicated that the cost of litigation, not to
- mention any settlement, may put it out of business. I think it's
- worth mentioning that the editor (Shanks) is an attorney.
-
- BAR is soliciting contributions to help defray legal expenses.
- Please refer to the above mentioned article if you are interested
- in contributing. Of course, depending on your view of the matter,
- you might want to contribute to Qimron.
-
- Jack F. Love
-
-
-