In a peculiar and unfortunate turn of events, authors face a challenging situation where a predatory journal has published their paper without consent. The authors, now pursuing legal action against the predatory journal, find themselves in a unique predicament as they seek publication in a legitimate journal.
COPE Guidance:
COPE acknowledges the complexities of this scenario, emphasizing that, despite the circumstances, the existence of a formally published version elsewhere should prevent the legitimate journal from considering or publishing the paper. The authors are advised to engage their institution's library or legal team for assistance in having the illegitimate version removed.
If copyright has not been transferred or proofs haven't been approved, the authors are in a stronger position. However, legal proceedings may be necessary if the predatory journal has acquired copyright or if a publishing agreement has been signed.
Unfortunately, if the predatory journal refuses to cooperate, there's limited action the legitimate journal can take. This issue remains primarily between the authors and the disreputable journal, and resolution may be elusive.
Moving Forward:
For future submissions, editors may recommend authors to explore initiatives like Think.Check.Submit., providing tools to identify trusted journals. This proactive approach aims to prevent inadvertent submissions to predatory journals, ensuring a more secure and ethical publishing process.
As the authors navigate this unprecedented challenge, it serves as a cautionary tale highlighting the importance of due diligence in choosing publication outlets.