Date: Thu, 28 Aug 1997 17:19:44 -0400
From: Karin Heineman <kheinema@aip.acp.org>
Subject: News Release

                  FOR IMMEDIATE RELEASE

            AIP and APS Prevail In Suit By Gordon & Breach

College Park, MD, August 28, 1997 ... The freedom to provide academic
libraries with information about the cost of scholarly journals was upheld
by a federal judge in New York in a decision issued on Tuesday, August 26.

     Gordon & Breach Science Publishers S.A. (G&B) had claimed that the
American Institute of Physics (AIP) and The American Physical Society
(APS) would violate the Lanham Act by distributing to libraries certain
information concerning the cost-effectiveness of physics journals.  The
court rejected all claims by G&B, stating that "[i]f G&B believes
librarians will make more optimal decisions if they consider information
other than that provided by the defendants, its solution is to augment
rather than censor the available truthful information."

     The suit involved a 1988 study by the late Henry H. Barschall, a
physicist at the University of Wisconsin, and the distribution of the
results of that study by AIP and APS.  The Barschall Study showed that the
physics journals published by AIP and APS were among the most
cost-effective of all physics journals, as measured by cost per character
and the frequency with which journals are cited.  The study compared 200
physics journals.

     At the same time, the Court observed, based on the data presented at
trial, that "regardless of the measure used, G&B's journals consistently
scored at the bottom"  of a cost-effectiveness ranking.  G&B brought suit
to prevent dissemination of the results, claiming that the non-profit
societies' efforts to publicize the study constituted false advertising.
Judge Leonard B. Sand concluded, however, that "Barschall's methodology
has been demonstrated to establish reliably precisely the proposition for
which defendants cited it --that defendants' physics journals, as measured
by cost per character and by cost per character divided by impact factor,
are substantially more cost-effective than those published by plaintiffs."

     The Court noted that evidence submitted by the societies showed
that G&B has engaged in an "aggressive corporate practice of challenging
any adverse commentary upon its journals," citing threats and lawsuits
against librarians, academics, and other non-profit societies. Judge Sand
observed that "[t]his evidence persuasively demonstrated that the present
suit is but one battle in a `global campaign by G&B to suppress all
adverse comment on its journals.'"

     Judge Sand's ruling, following a seven-day trial in June, marked
the culmination of the American portion of litigation by G&B against the
societies in the United States, Germany, Switzerland, and France.  The
societies prevailed at every level of the German court system and have
recently prevailed in Switzerland in a suit that is now being appealed by
G&B.  A French trial court found for G&B under strict French comparative
advertising laws, and that suit is now on appeal.

     Judge Sand's decision was welcomed by the defendants.  Dr. Marc H.
Brodsky, Executive Director of AIP, stated that "AIP is pleased the Court
agreed with the obvious --more information, not censorship, is the
appropriate way to address important issues, such as the escalation of
journal prices for libraries."  Dr. Thomas J. McIlrath, Treasurer of the
APS, said that "The APS has always viewed itself to be in a partnership
with libraries, and indeed other publishers, in the mission of promoting
and disseminating the knowledge of physics.  I am very pleased that the
courts have recognized the legitimacy and integrity of what Professor
Barschall and the Societies have done."

     The case in the United States was initiated by G&B in 1993.  AIP
and APS have been defended by attorneys Richard Meserve and Jeffrey
Huvelle of Covington & Burling, a major Washington law firm.  Meserve,
himself a physicist, said that "the two societies stood up to G&B's
`global campaign' because of their commitment to the open exchange of
ideas and information that is fundamental to scientific discovery."

     For further information contact Marc Brodsky of AIP at 301-209-3131
or Thomas McIlrath of APS at 301-209-3220.