Reference works like encyclopedias are, entry by entry, compilations of facts — birthdates, locations, historical events — and facts are not protected by copyright law no matter how much original research went into compiling them. That left encyclopedia, dictionary and directory publishers with almost no legal recourse against a rival who lifted their entries wholesale and republished them under a competing title, since the copier could always claim to have independently researched the same true facts.
Editors at the New Columbia Encyclopedia found the gap that solved this: publish something that isn't a fact at all. Among the genuine biographical entries, they inserted 'Lillian Virginia Mountweazel,' a wholly invented American photographer supposedly killed in an explosion while on assignment for a fictitious magazine called Combustibles — a person who never existed, placed alphabetically among thousands of real ones.
Planted a fabricated biography as a trap: since the fake fact has only one origin, any copier reproducing it is proven to have copied directly.
A fabricated fact has only one possible origin, so its presence in a rival's work proves copying.
The fake entry was indistinguishable from genuine ones, so copiers couldn't avoid it.
The trap turned an unwinnable factual dispute into a clear case of plagiarism.
When your product is facts anyone can legally copy, embed a fabricated data point; its reappearance elsewhere is undeniable proof of copying.
The technique became public in 2005, when a New Yorker piece traced a fabricated word, 'esquivalience,' to the same copyright-trap practice. Fictitious entries planted specifically to catch plagiarism, now generically called 'Mountweazels,' became a recognized and still-used technique across encyclopedias, dictionaries, maps and telephone directories.
FOLLOW THE EVIDENCE
The sources
- Not a Word The New Yorker · newyorker.com
- Case Western Reserve Law Review, Volume 72 (fictitious entries and copyright traps) Case Western Reserve Law Review · scholarlycommons.law.case.edu