Category: for legal reasons

Following outcry, American Psychological Association “refocuses” takedown notice program

After a deluge of protests from researchers who received notices from the American Psychological Association (APA) to remove papers from their websites, the publisher announced it will shift its focus to commercial sites.

Earlier this week, researchers took to Twitter to lament the takedown notices they had received from the APA; one posted the letter in place of his paper. The letters were part of a pilot program by the APA to remove “unauthorized online postings of APA journal articles.”

That program has now taken a bit of a turn. In a release yesterday, the APA says that:

Continue reading Following outcry, American Psychological Association “refocuses” takedown notice program

Researchers protest publisher’s orders to remove papers from their websites

Researchers are protesting orders from the American Psychological Association to remove links to papers from their websites.

Multiple researchers took to Twitter recently to lament the takedown notices they’ve received from the APA; one posted the letter in place of the link to his paper. According to the APA, the letters are part of a pilot program to “monitor and seek removal of unauthorized online postings of APA journal articles.”

The notices cite misuse of the Digital Millennium Copyright Act (DMCA), which enables internet users to protect their own content. But it can be heavily abused by people who file false copyright infringement claims to remove content they don’t like from the internet. (We have even been the target of such attempts.)

According to the letter posted by Nathaniel Daw at Princeton University, the APA says:

Continue reading Researchers protest publisher’s orders to remove papers from their websites

BMJ journal yanks paper on cancer screening in India for fear of legal action

BMJ Global Health has pulled a paper that criticized U.S. research of the effects of cervical cancer screening in India over defamation concerns.

That’s not what the notice on the paper says, however — at the moment, it just reads:

This article has been withdrawn.

However, forwarded email correspondence between the first author and an associate publisher reveals the journal published the paper and planned a press release, then realized it should be reviewed by a legal adviser. When first author Eric J. Suba at Kaiser Permanente San Francisco Medical Center inquired about the status of the paper and any potential press release, he was told the journal could no longer publish it, out of concern they would be taken to court.

Suba told us that, when he learned the paper would be pulled:

Continue reading BMJ journal yanks paper on cancer screening in India for fear of legal action

After lawsuit threat, journal forces author to heavily revise education paper

Under threat of a lawsuit, an education journal changed its mind about publishing a paper that it had already accepted after peer review.

Last summer, Education Policy Analysis Archives, published by the Mary Lou Fulton Teachers College at Arizona State University, informed San Francisco State University professor Stanley Pogrow that the journal would be publishing his paper criticizing a widely used reform intervention for schools in poor districts called Success For All.

According to Success For All‘s website, the program is currently used in more than 1,000 schools in 48 states and received just over $10.5 million in grant funding in 2015. In 2010, the program was one of four recipients of the U.S. Department of Education’s $50 million Investing in Innovation Scale‑up grant.

Yet when Success For All’s co-developer, Robert Slavin at Johns Hopkins University, read a pre-publication draft of the paper, he threatened the journal with legal action if they published it. According to Slavin, the manuscript contained “libelous” and “defamatory” statements.

Subsequently, ASU declined to publish the accepted paper, and instead told Pogrow they would only publish a revised piece on the methodology used to evaluate which school interventions are effective — and thus should receive public funds. The revised paper does not directly mention Success For All or Slavin in the text (although it cites past articles by Pogrow criticizing the program). The revision, which Pogrow agreed to, “gutted the article,” he told us.  Continue reading After lawsuit threat, journal forces author to heavily revise education paper

Study of child with rare cancer retracted due to lack of parental consent

Researchers in Ireland have retracted a case study about a rare type of cancer in a child because – contrary to what they claimed in the paper – they had not obtained the necessary permission from the parents.

In the June 2016 article, the authors stated they had received “written informed consent” from the parents to publish the case. But according to the retraction notice — issued just a few months later in October — that was not the case.

Here’s the retraction notice for “Paediatric Ewing-like sarcoma arising from the cranium – a unique diagnostic challenge,” which for legal reasons, the publisher has withdrawn from public view:

Continue reading Study of child with rare cancer retracted due to lack of parental consent

Physics journal removes study for breach of confidentiality

applied-physics-lettersA physics journal has retracted a 2016 study after learning that the author published it without the knowledge or permission of the funder, which had a confidentiality agreement in place for the work.

According to the retraction notice in Applied Physics Letters, the paper also lifted content from other researchers without due credit. Given the “legal issue” associated with the breach of confidentiality, the journal has decided to remove the paper entirely. 

Here’s the retraction notice: Continue reading Physics journal removes study for breach of confidentiality

4th retraction for neuroscientist sentenced for fraud

Bruce Murdoch
Bruce Murdoch

A Parkinson’s researcher has earned his fourth retraction after receiving a two-year suspended sentence for fraud.

The sentence for Bruce Murdoch, issued on March 31, 2016, came following an investigation by his former employer, the University of Queensland (UQ) in Australia, into 92 papers. Murdoch entered guilty pleas for 17 fraud-related charges, which resulted in the retraction of three papers co-authored by Murdoch and Caroline Barwood, another former UQ Parkinson’s researcher who faced fraud charges (and was granted bail in 2014).

Now, a fourth retraction has appeared for Murdoch in Brain Injury, this time for duplication and failing to obtain consent from his co-authors.

Here’s the retraction notice, issued on July 11: Continue reading 4th retraction for neuroscientist sentenced for fraud

Publicly available data on thousands of OKCupid users pulled over copyright claim

okcupidThe Open Science Framework (OSF) has pulled a dataset from 70,000 users of the online dating site OkCupid over copyright concerns, according to the study author.

The release of the dataset generated concerns, by making personal information — including personality traits — publicly available.

Emil Kirkegaard, a master’s student at Aarhus University in Denmark, told us that the OSF removed the data from its site after OkCupid filed a claim under the Digital Millennium Copyright Act (DMCA), which requires the host of online content to remove it under certain conditions. Kirkegaard also submitted a paper based on this dataset to the journal he edits, Open Differential Psychology. But with the dataset no longer public, the fate of the paper is subject to “internal discussions,” he told us.

In place of the dataset on OSF, this message now appears: Continue reading Publicly available data on thousands of OKCupid users pulled over copyright claim

Neuroscientist pleads guilty in court to fraud, gets two-year suspended sentence

Bruce Murdoch
Bruce Murdoch

A Parkinson’s researcher pleaded guilty to fraud in court this morning in Brisbane, Australia, and received a two-year suspended sentence.

Court sentences for fraud are rare, to say the least. This one follows an investigation by Bruce Murdoch‘s former employer, the University of Queensland, into 92 papers — resulting in the retraction of three papers co-authored by Caroline Barwood, also facing fraud charges. The investigation was unable to find any evidence that published research cited in court had been ever carried out.

The Australian reported this morning that Murdoch:

Continue reading Neuroscientist pleads guilty in court to fraud, gets two-year suspended sentence

Lawsuit couldn’t stop four retractions for diabetes researcher

Mario Saad
Mario Saad

Four expressions of concern in the journal Diabetes have turned into retractions for Mario Saad, a move which he had tried to stop with a lawsuit.

Last August, a judge dismissed Saad’s suit against the American Diabetes Association, which publishes Diabetes, concluding that the expressions of concerns on the papers were not defamation, but part of an “ongoing scientific discourse.” Now, after an investigation at the University of Campinas in Brazil, where Saad is based, and an assessment from an ADA ethics panel (which overturned some of Unicamp’s recommendations), the journal has added to that discourse by turning the EOCs into retractions — and flagging two more of Saad’s papers with EOCs.

Together, the retracted papers have been cited more than 600 times.

As the retraction notes explain, Continue reading Lawsuit couldn’t stop four retractions for diabetes researcher