Misguided exclusivity: On the Anthropology News commenting policy

I’ve been exceptionally dismayed this year by the retrograde, anti-open-access, profit-oriented publication philosophy at the American Anthropological Association. Earlier this year they announced that they were renewing their publishing contract with the corporate behemoth Wiley Blackwell. Now I notice that they also have a horribly misguided commenting policy for their online news site, Anthropology News.

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Scholarly meetings with a “Disclaimer and Waiver”

I’m guessing that most anthropologists don’t read the Disclaimer and Waiver to which you must consent when you register for conferences through the American Anthropological Association. It is a decidedly legalistic document, full of odd stipulations about liability, privacy, copyright, and responsibility. In principle it is an “agreement” between the user and the association, but as an exchange, it is decidedly one-sided: you the user are asked to give various things away, in return for which you get nothing in particular. And in form, it is identical to the End User License Agreements that, as we know, the vast majority of users accept without reading. It does not really seem to be written to be read; it seems to be written to be invoked in extremis in some moment of unexpected (yet planned-for) crisis.

In any event, it is a curious document. Here it is as of March 2016; I’ll highlight a few important passages.

Disclaimer and Waiver

As a condition of my participation in this meeting or event, I hereby waive any claim I may have against the American Anthropological Association (AAA) and its officers, directors, employees, or agents, or against the presenters or speakers, for reliance on any information presented and release AAA from and against any and all liability for damage or injury that may arise from my participation or attendance at the program. I further understand and agree that all property rights in the material presented, including common law copyright, are expressly reserved to the presenter or speaker or to AAA.

I acknowledge that participation in AAA events and activities brings some risk and I do hereby assume responsibility for my own well-being. If another individual participates in my place per AAA transfer policy, the new registrant agrees to this disclaimer and waiver by default of transfer.

AAA intends to take photographs and video of this event for use in AAA news and promotional material, in print, electronic and other media, including the AAA website. By participating in this event, I grant AAA the right to use any image, photograph, voice or likeness, without limitation, in its promotional materials and publicity efforts without compensation. All media become the property of AAA. Media may be displayed, distributed or used by AAA for any purpose.

By registering for this event, I agree to the collection, use, and disclosure of contact and demographic information. This information includes any information that identifies me personally (e.g. name, address, email address, phone number, etc.). AAA will use this information to: (a) enable your event registration; (b) review, evaluate and administer scholarships or other AAA initiatives; (c) market AAA opportunities you may potentially be interested in; and to (d) share limited information (e.g. title, company, address and demographic information) with third parties that perform services on behalf of AAA. AAA does not distribute email address or phone numbers to third parties or partners performing services on behalf of AAA. AAA may use this information for so long as AAA remains active in conducting any of the above purposes.

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