Day: December 19, 2004

The Scientist :: OFAC reverses embargo ruling

OFAC reverses embargo ruling
Decision allows US publishers to edit manuscripts from Cuba, Iran, and Sudan | By John Dudley Miller

In a reversal of almost all of the controversial prohibitions enacted in September 2003 that led to a lawsuit against it by a coalition of US publishers 3 months ago, the Treasury Department reauthorized American authors and publishers to collaborate with and edit the scientific and other manuscripts of citizens in trade-embargoed countries yesterday (December 15).

The Treasury Department said it acted “to further promote the free flow of information around the world and to ensure the voices of dissidents and others living in Cuba, Iran, and Sudan are heard,” according to an anonymous Treasury official speaking through a spokesperson.

But Edward Davis, one of the publishers’ attorneys, said yesterday that the publishers are not yet ready to drop their lawsuit, filed September 27, because the Office of Foreign Assets Control (OFAC), by granting a general license, continues to assert that it can regulate informational materials. The plaintiffs argue that OFAC has no such authority.

“I think it’s nice that the government has recognized the validity of our position for freedom of speech and freedom of the press,” said Marc Brodsky, president of the American Institute of Physics and executive council chair of the American Association of Publishers Professional and Scholarly Publishers Division, one of the plaintiffs. “It’s just a shame that we had to spend so much effort and time and money to go to court to get their attention, despite the fact we went to them ahead of time.”

In January 2002, the Institute of Electrical and Electronic Engineers (IEEE) stopped publishing manuscripts from embargoed-country scientists after officials at Treasury’s Office of Foreign Assets Control (OFAC) told the organization informally that publishing and providing other services to members in embargoed nations might be illegal. In September 2003, it formally banned all editing of IEEE manuscripts, even correcting spelling and punctuation errors.

Last April, OFAC reauthorized IEEE—but not American publishers in general—to edit manuscripts from embargoed nations and to provide some services to them. Cecelia Jankowski, IEEE’s managing director of regional activities, welcomed yesterday’s ruling, saying, “It further confirms our interpretation of the April ruling that enabled IEEE to resume all publishing activity.”

Just last week, I was at Penn Station, chatting with Tom DeFalco. All unknowing, I asked how his wife was. “Not good,” said Tom, then paused a moment and said, “Cancer.” Caught flatfooted and having to rush to make my train, I asked if they were treating it. Tom kind of half nodded in a noncommittal fashion, and I said I’d call for an update and find out what was going on.

Tom didn’t let on how bad it was, because Pat DeFalco passed away a few days later. My condolences go out to Tom and his family on the tragic loss of this sweet woman whom I met on several occasions. Tom has requested that if people are so inclined, they should make donations in Pat’s name to the American Cancer Society.

PAD

So people have been e-mailing me (yes, my e-mail is functioning properly once more) asking me if I’m “happy” about the news that Todd McFarlane has filed for bankruptcy.

The answer is, no, of course not, for two reasons. First, I take no pleasure in the misfortune of others, even if they’ve done me dirt. And second, I don’t think of this as anything other than a canny accounting dodge so that Todd can get out of the debts he owes to people that he’s done dirt to. Tony Twist, to whom he lost two court battles for naming a murderous thug after him; Neil Gaiman, to whom he made countless promises that he then broke; various artists including my past collaborator, Angel Medina, to whom he owes thousands. Depending upon how it plays out, all these people he’s screwed over may wind up getting pennies on the dollar, while Todd winds up “reorganizing” and eventually going back to business as usual without having to properly compensate these guys. Guys who (with the exception of Twist) made only one mistake: Trusting Todd McFarlane.

Granted, I’m not an accountant or a lawyer. So if someone with an accounting or law degree would care to explain that I’m wrong, I would love to hear it. I would very much like to be wrong on this and think that guys like Neil and Angel will be able to get what’s due them.

PAD