Okay, I apologize for the contamination of the fishing blog temporarily while I try to hash out the best wording for my indignant rage inspired by arrogant buttholes employed by my government.
For a little background, I wrote this article, Can the United States Government can Steal your Intellectual Property? The article is confusing to many since I am a suckie writer and you have to follow the links put everything in perspective. I feel very strongly this situation should be addressed to prevent the rights of little guys from being stomped on by idiots in our government. Not all government employees are idiots, so I am inviting one that is not an idiot to review my next article before it is published. Feel free to add your own comments if you like. Here is the [second]draft for the next article:
“We at NOAA/NCDC seek a way forward to cooperate with you, and are interested in joint scientific inquiry. When more or better information is available, we will reanalyze and compare and contrast the results.”
“If working together cooperatively is of interest to you, please let us know.” “
Mr. Watts offered to include the NCDC as collaborator in his (Watts et al.) paper:
“On November 10th, 2009, I sent a reply letter via Federal Express to Mr. Karl, advising him that we would like to collaborate, and offered to include NCDC in our paper.. In that letter I also reiterated my concerns about use of the preliminary surfacestation data (43% surveyed) that they had, and spelled out very specific reasons why I didn’t think the results would be representative nor useful.We all waited, but there was no reply from NCDC to our reply to offer of collaboration by Mr. Karl from his last letter. Not even a “thank you, but no”.
Fair use would not apply in this case since the Menne et al could not be considered a criticism as there was no published paper to critic. Teaching, scholarship and research would not have benefited from the Menne et al paper unless their paper was intended to show an extreme example of poor academic conduct. Stealing data prior to the publishing of a scholarly paper is not fair use if the stole data is used to preemptively publish a scholarly paper. That would be the antithesis of fair use!
Dr. Roger Pielki, Sr. wrote a post on his blog, Climate Science: Dr. Roger Pielki, Sr., containing the following:
This failure by NCDC to honor professional standards is just another example of the lack of accepted professional standards at this federal climate laboratory. They should have joined us in a paper, or, as an appropriate alternative, waited until we published and then complete their analysis.” 
The NCDC continued to use Mr. Watts copyright protected data despite the valid protests lodged concerning the Menne et al 2010 paper. More Dirty Pool by NCDC's Karl, Menne and Peterson, was posted by Mr. Watts on September 23, 2010 over more violations of copyright. 
Mr. Watts complained of use and attribution was added after the fact by Menne et al. Mr. Watts stated on his blog, “Of course I could have been a jerk about it and demanded all sorts actions via formal complaints, copyright claims, etc. But I didn’t. It simply didn’t rise to that level.”
Marathon in the Florida Keys should be your next fishing vacation destination. Join us for charter fishing, fishing guide trips or our fishing 101 so you can fish on your own with better success.