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USC Vs. UC San Diego In Fight Over Alzheimer's Research

New submitter BVBigelow writes: In Southern California, a legal skirmish between USC and UC San Diego is escalating into into a full-blown fracas, replete with restraining orders, loyalty oaths, and accusations of computer piracy, intimidation, and interference in federal grant awards. The two universities are fighting over control of an Alzheimer's program that coordinates about $100 million in research grants. The lawsuits began after USC recruited scientist Paul Aisen from UC San Diego, where he has been director of the Alzheimer's Disease Cooperative Study since 2007. The study has been based at UC San Diego since 1991, and and UCSD expected to retain control. But Aisen's team took root command of the computer system (including 24 years' worth of clinical trial data) and won't give it back.

120 comments

  1. Backups -- not just for hardware failures by Wrath0fb0b · · Score: 3, Insightful

    All that clinical data better be on tape somewhere amirite?

    1. Re:Backups -- not just for hardware failures by Anonymous Coward · · Score: 0

      If it is, those backups better be encrypted. Depending on that, they may be useless for "non-authorized" recovery.

    2. Re:Backups -- not just for hardware failures by lgw · · Score: 2

      If it is, those backups better be encrypted. Depending on that, they may be useless for "non-authorized" recovery.

      Tape drives have supported hardware-level encryption for many years now. Typically the admin who controls the backups manages the passwords (typically auto-generated strong passwords, stored somewhere in a DB with some additional level of encryption). Encrypted tape is designed to be very strong against the tapes being stolen (or lost), not against an insider threat. And that's generally the right answer. If they had backups, they wouldn't be useless.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  2. Neat. by Anonymous Coward · · Score: 0

    Neat.

  3. Wait by fustakrakich · · Score: 2

    Can't they just settle this with a football game?

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:Wait by TsuruchiBrian · · Score: 1

      Unfortunately UCSD doesn't have a football team. So they'll have to pick a different event, like a mathletetics competition or something.

    2. Re:Wait by WillAffleckUW · · Score: 1

      Can't they just settle this with a football game?

      Most of us like soccer more than football. It's a West Coast thing.

      --
      -- Tigger warning: This post may contain tiggers! --
    3. Re:Wait by oh_my_080980980 · · Score: 1

      The football team would be UCLA Bruins since they are part of the University of California system. They both have baseball and water polo teams, among other sports.

    4. Re:Wait by TsuruchiBrian · · Score: 1

      As a bruin, I oppose the use of my school's football team to resolve petty squabbles. Furthermore, I think it would be much more interesting to have an academic competition (because I think USC would lose).

    5. Re:Wait by TsuruchiBrian · · Score: 1

      Berkeley also has a football team...

    6. Re:Wait by Anonymous Coward · · Score: 0

      Most of us like soccer more than football. It's a West Coast thing.

      Most of us are delusional. It's also a West Coast thing.

    7. Re: Wait by Anonymous Coward · · Score: 0

      Heck yeah! Have you seen reality lately? THAT place is whack man...

    8. Re:Wait by Anonymous Coward · · Score: 0

      Most of us like soccer more than football.

      UGH! You must be Mexican, or one of them European pansies with your handkerchief in your sleeve and your little umbrella there.

  4. Fight over... by Anonymous Coward · · Score: 0

    The two schools are fighting over $100million in research grants.

    They don't much give a fuck about Alzheimers,

    1. Re:Fight over... by TWX · · Score: 1

      I don't doubt that specific strong-personalities are actually the ones fighting.

      I expect that in the end, the data will be copied and both institutions will continue-on. The institution that lost the staff member probably has some legitimate claim to the data since the staff member was not working alone and was using university resources to pursue the work, and the staff member that left has legitimate claim to the work that he has done.

      --
      Do not look into laser with remaining eye.
    2. Re:Fight over... by TechyImmigrant · · Score: 1

      The data was paid for out of taxes. Federal rules on privacy apply, but any researcher authorized to see the data by the feds should have access to it.

       

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    3. Re:Fight over... by Ginger+Unicorn · · Score: 1

      I don't understand why this data isn't just shared publicly to anyone who cares to inspect it. What's gained by hiding it?

      --
      (1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
    4. Re:Fight over... by ShanghaiBill · · Score: 1

      I don't understand why this data isn't just shared publicly to anyone who cares to inspect it. What's gained by hiding it?

      Alzheimer's costs the US economy over $100B/yr, and that amount is likely to soar as the population ages. If a university finds a cure, or even a prevention, they stand to reap billions in patent license fees. The stakes here are very high.

    5. Re:Fight over... by WillAffleckUW · · Score: 2

      Additionally, you can't share the data gathered from living subjects or even deceased individuals when the data includes their DNA and detailed medical history.

      There are strict protocols about this.

      Which is why I laugh when vendors try to sell me "cloud solutions".

      --
      -- Tigger warning: This post may contain tiggers! --
    6. Re:Fight over... by oh_my_080980980 · · Score: 1

      No one's hiding it but ownership is the issue. UC San Diego started the Alzheimer’s Disease Cooperative Study and then USC poached UC San Dieg's principle investigator. If this was happening in corporate sector Dr. Paul Aisen would be hit with huge lawsuits. He should pray to his lucky stars that this is just an academic hissy fit.

    7. Re:Fight over... by TechyImmigrant · · Score: 1

      If he is PI, he should have the data.
      If taxes paid for it, the data should be available to anyone the feds approve to view the data, which is generally determined by the PI.

      So yes, it's an academic hissy fit, that one university lost a PI on a government funded study and the project moved with him as it should.

      My wife was in the position of running a government funded education study. Education departments in universities know nothing about securing or protecting data, so it fell to me to do the crypto and backups. The alternative was to keep it all on paper in a locked box.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    8. Re:Fight over... by Anonymous Coward · · Score: 0

      Alzheimer's costs the US economy over $100B/yr, and that amount is likely to soar as the population ages. If a university finds a cure, or even a prevention, they stand to reap billions in patent license fees. The stakes here are very high.

      Not sure if it works this way or not, but if the research is being funded by the feds, the university should not be able to patent it. You want to patent your research? Fund it yourself.

      The people with Alzheimer's will be the true losers if this all gets locked up.

    9. Re:Fight over... by Camel+Pilot · · Score: 1

      The data is probably already anonymized.

    10. Re:Fight over... by AK+Marc · · Score: 1

      Because the "data" contains medical information that's illegal to share in a raw form.

    11. Re:Fight over... by WillAffleckUW · · Score: 1

      sadly, the totality of data on a longitudinal basis means if you have any of the keys you can fairly accurately identify. some trials ran into that problem with people with certain rare disorders. the existence of the allelles mean we know it's one of maybe 200 people in the world, so any of the other data deanonymizes it. had to remove data submissions in certain cases, as that would go against protocol.

      It's a problem only recently realized, and partly brought on by the nature of people who become cases and unknown disease status. people with disorders or relatives of these people tend to volunteer for studies, so you get overrepresentation without realizing it, and rare disorders make for a very high probability match.

      --
      -- Tigger warning: This post may contain tiggers! --
    12. Re:Fight over... by Ginger+Unicorn · · Score: 1

      Oh I see - like people's health records and such.

      --
      (1.21 gigawatts) / (88 miles per hour) = 30 757 874 newtons
    13. Re:Fight over... by Anonymous Coward · · Score: 0

      As a PI you don't 'own' the grant. It is not even awarded to the PI, but to the institution.

    14. Re:Fight over... by TechyImmigrant · · Score: 1

      That certainly is not universally true.

      The subject privacy rules also grant access to people not institutions. Even if an institution has the data, it doesn't mean the institution has people who are authorized to see the data. the customer (the government probably) has an interest in the data it has paid for being in the hands of the authorized investigators. Principally the PI, which is why that person is called the PI.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  5. why can't we all just get along? by turkeydance · · Score: 2

    a SoCal saying.

    1. Re:why can't we all just get along? by Anonymous Coward · · Score: 0

      You should be beaten for that.

  6. Seems easy to me by JasoninKS · · Score: 1

    I know there's a crap ton of money involved, but I would think that since the study was based at UCSD, that it would stay there, regardless of where the head of the study goes.

    1. Re:Seems easy to me by EmperorArthur · · Score: 4, Interesting

      Not quite so easy. Half the time these federal grants are tied to the individual, not the university. Heck, applying for a research position at my university is a waste of time unless you already have a grant. Side-note: Yep, they're having staffing problems.

      The interesting thing is the computers. If they were on site, then it doesn't matter about root access. Pull the plug, and restore from backups or change to single user mode. If they're cloud servers paid for with federal grant money, then it becomes a tricky issue...

      --
      So lets pretend that we've just completed writing this code, as opposed to having just completed sabotaging it -Altera
    2. Re:Seems easy to me by thaylin · · Score: 1

      Well it also depends on who owns the computers. Computers used in research are usually tied into the research grant, at least at the uni I work at, therefore the professor could probably just come get, everything. The way the grant is written is going to be key, how ever the professor really screwed up here. I dont know how this school works, but I know at mine the uni tries to keep a good relationship with the professors who move on.

      --
      When you cant win, ad hominem.
    3. Re:Seems easy to me by gstoddart · · Score: 5, Insightful

      But, honestly, without being familiar with all the details:

      UC San Diego hired Aisen in 2007 to administer the program, which coordinates Alzheimer's research throughout the U.S. and Canada. UC San Diego founded the study in 1991 as a kind of joint venture with the National Institute on Aging, with funding provided by federal research grants, the pharmaceutical industry, and private foundations.

      Hired to administer an existing program ... that sort of screams you can't suddenly claim ownership of it and bring it with you when you leave.

      If this many players have been involved that long, one guy can't suddenly claim it's his and lock everybody else out.

      --
      Lost at C:>. Found at C.
    4. Re:Seems easy to me by Anonymous Coward · · Score: 0

      RTFM. "NIH grants are made to institutions, not to individuals."

    5. Re:Seems easy to me by thaylin · · Score: 1

      However if you read it the NIH grants are actually made to both

      Principal investigators (PIs) on an NIH grant must contact NIH through their institution to seek prior approval for a change of institution. NIH grants are made to institutions, not to individuals. When a PI moves to another institution, the original grantee institution frequently agrees to relinquish the grant to the PIs new institution but NIH must approve this transfer. If the original grantee institution does not wish to relinquish the grant, they must seek NIH approval to appoint a new PI to the grant. NIH must assess whether the project can continue under the new scientific leadership at the original institution, and if so will approve a change in PI. If not, the grant is terminated

      --
      When you cant win, ad hominem.
    6. Re:Seems easy to me by Anonymous Coward · · Score: 1

      Depends on what you believe. The court doc's filed by Aisen et al a few weeks back assert that UCSD didn't provide support commensurate with the indirects charged on the dollars that came through the door. (Indirects are the taxes the university charged on grant dollars to cover things like building infrastructure and keeping the lights, network, and A/C on.... I don't know what the indirect rate is on the ADCS grant at UCSD is, but I wouldn't bat an eye at 40% ... I think the record was Stanford in the 80's when they hit something over 70% on DOE or NSF physics grants. Gotta pay for those beautiful sports facilities somehow, and it's not from alumni buying tickets to games.)

      The computers in question, I believe, are in the cloud (if I remember the Aisen et al filing correctly.)

    7. Re:Seems easy to me by thaylin · · Score: 1

      At my uni is is either 26 or 52% depending on if it is primarily off/on campus research grants, how ever I am not sure how that claim will hold. Computer equipmnet is normally in the grant, if not the school computers were probably used. You normally have tech support services, datacenters, and a whole host of other things available to you, but if you chose to use cloud computing that is really on you, and does not lower the cost to maintain the other services in case you need them.

      BTW it looks like the indirect rate at SD is 55%, however you could get around that with multiyear awards, as they only charge on the first 25k of the grant, no matter how long the grant is for.

      --
      When you cant win, ad hominem.
    8. Re:Seems easy to me by WillAffleckUW · · Score: 1

      Additionally, any copyrights and patents usually derive to the actual research university which first worked on it. Not the PI.

      --
      -- Tigger warning: This post may contain tiggers! --
    9. Re:Seems easy to me by oh_my_080980980 · · Score: 1

      Which means little. The University owns the research, the labs and the equipment. Dr. Aisen own's his reputation, nothing more.

    10. Re:Seems easy to me by oh_my_080980980 · · Score: 1

      If true, he has a beef with UCSD and that's a contract dispute with UCSD **but** it does not give him ownership over the research and equipment. So no dice.

    11. Re:Seems easy to me by oh_my_080980980 · · Score: 2

      You need to read, it's the institution. The PI files for the grant. Nothing more. As it clearly states it is up to the institution to allow the grant to transfer. If they don't, the NIH can terminate the grant if they feel the project can't continue under new leadership. Notice the grant does not follow the PI nor does the NIH award it to the original PI. This clearly means the grant is awarded to the institution.

    12. Re:Seems easy to me by Anonymous Coward · · Score: 0

      Well moving to USC sure as hell won't provide support commensurate with the indirects charged. The snakes that run that med school are looking to extract every last cent out of anything profitable, health and basic research be damned. They make our current government look benevolent.

    13. Re:Seems easy to me by Anonymous Coward · · Score: 0

      The way the grant is written is going to be key

      Not necessarily, it also depends a great deal on the wording of the employment contract he signed. It might contain one of those All your thoughts are belong to us clauses, non-compete clauses, etc.

    14. Re:Seems easy to me by virtualXTC · · Score: 1

      This. +1 It's like people only read the summaries so that they can reply instead of read to inform themselves....

    15. Re:Seems easy to me by Anonymous Coward · · Score: 0

      He can if he has root. Never give non-sysadmins root. This is the result.

    16. Re:Seems easy to me by johncandale · · Score: 1

      assert that UCSD didn't provide support commensurate with the indirects charged on the dollars that came through the door.

      Who cares? You don't get to steal IP just because your bosses are dicks..

  7. Appropriate by OzoneLad · · Score: 2

    They seem to have forgotten who's in charge of the research.

    1. Re:Appropriate by TWX · · Score: 1

      There's also the concept of a work-for-hire. His work at the old institution, if he used that institution's resources like its staff and its equipment, could add a degree of work-for-hire to his results. They probably can't claim sole ownership, but I wouldn't be surprised if they can claim enough to essentially fork the project at the point where he left.

      --
      Do not look into laser with remaining eye.
    2. Re:Appropriate by thaylin · · Score: 1

      work-for-hire does not work here. The professor got the grant, and the grant is typically tied to the professor, not the university, in fact a lot of times you get hired specifically because YOU have grants. At the CSC department for the school I work for I would get in computers from other schools (computers tied to the grant not owned by the school) to attach to our network every time a new professor transfered in. As for staff, it too is usually tied to the grant. Grad students are paid by grant money the professor has.

      --
      When you cant win, ad hominem.
    3. Re:Appropriate by thaylin · · Score: 1

      I resend this partially. It seems the school owned the research but the professor is still tied to many of the grants. It is going to be a bumpy ride.

      --
      When you cant win, ad hominem.
    4. Re:Appropriate by oh_my_080980980 · · Score: 1

      Resend it some more - grants are tied to the institution not the PI. Notice the institution has to allow the grant to follow the PI.

    5. Re:Appropriate by oh_my_080980980 · · Score: 1

      That's not how academic research works. The university owns it. Period. That's not to say the PI couldn't carry on the research at another institution, he can, but he can't take any of the research or equipment. That stays with the university. He would have to rely what he published.

    6. Re:Appropriate by Anonymous Coward · · Score: 0

      I believe the word that you and your parent are looking for is 'rescind', not 'resend'.

    7. Re:Appropriate by Khyber · · Score: 1

      They forgot how to spell. Looks like they're just in time for this round of studies!

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    8. Re:Appropriate by johncandale · · Score: 1

      So can the Professor at the last moment before rdy-for-market product is designed abscond to the private sector to cash in screwing over his new host? Get real. There is a reason he was at the university. The system of grants works as a part of a bigger system, stop being a pedantic and realize his old university is owed something if not everything.

    9. Re:Appropriate by Anonymous Coward · · Score: 0

      Resend or rescind?

  8. Somebody slap them silly please by Anonymous Coward · · Score: 0

    Their priorities are so screwed up it isn't funny.

  9. The right answer: by Anonymous Coward · · Score: 0

    Side with the public school, because the private school will sell their IP to a private pharma.

    1. Re:The right answer: by Anonymous Coward · · Score: 0

      what ever, none of this is going to end up in the public. 100% will go to private industries. true public research that was open, ended many decades ago

  10. Can't we all just... by Anonymous Coward · · Score: 0

    Can't we all just forget about the past and work towards a greater future?

  11. Neither. by Anonymous Coward · · Score: 0

    There is science and there are scientists. The latter often fail to practice the former.

    (A lot of anti-science groups are really anti-scientist groups, but science advocates fail to see this, creating many endless verbal wars.)

  12. They're going to lose this one by HangingChad · · Score: 2

    UC San Diego alleges that Aisen and at least eight colleagues (who have joined Aisen at USC) changed computer passwords to retain their custody and root control of the ADCS system, essentially locking out UCSD from administrative control of the Alzheimer’s study.

    Courts have traditionally taken a dim view of that strategy. Hostage taking is almost never the answer, regardless of the nature of the dispute. Had he taken a copy of the database, that would have been more palatable. Something is always hinky when one person sets themselves up as the lone guardian of data purity.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  13. USC Vs. UCSD? No Contest. by Anonymous Coward · · Score: 0

    USC is in the Pac 12. UCSD is a Division II school.

    Although the Pac 12 is a fugazi conference, it's gotta be USC, hands down.

  14. ... this can't be legal. by Karmashock · · Score: 2

    Just running off with the data and going "tee hee"... I don't get how that works if you can put your hands around his scrawny neck.

    I suspect UC has less of a claim on it than they thought or the court case to get the professor to give the data back is going to be short and hilarious.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  15. The Future by khr · · Score: 1

    And 100 years from now, will anyone even remember this?

    1. Re:The Future by Overzeetop · · Score: 3, Funny

      Of course not, by the time we're 100, we'll all have Alzheimer's and won't remember a thing.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    2. Re:The Future by mike00dot · · Score: 1

      Not sure about so far in the future, but if there is any positive result from the research soon, it will benefit my wife. Is there any likelihood the work will progress better at one institute than the other?

    3. Re:The Future by mike00dot · · Score: 1

      With regard to your observation, please keep in mind that some of them got that way because of the disease we are discussing. Also please check Voltaire's contribution. Something to the effect that the best way to get an appreciation of the infinite is to contemplate the extent of human stupidity.

    4. Re:The Future by Camel+Pilot · · Score: 1

      Giving both institutions every tool they need (ie the data) the work will progress better than giving just one institution protected access to the data. Compete for solutions and share the data.

  16. Grants to Researchers vs Institutions by l2718 · · Score: 5, Interesting

    The issue is a general one with research. Who owns the research project and the grants – the institution (UCSD) or the researchers (Prof. Aisen and his team). [disclosure: I'm a university professor myself]

    To me it seems clear that Prof. Aisen's research is his, and if he moves universities he takes his project with him (especially the data). It's true that formally the university administers the grant (the granting agency write them a check, equipment bought with the money is university property etc). But the project itself is an intangible concept, which runs with the people and not with the university.

    Since grants are formally made to institutions, of course approval of the granting agency is needed to move the grant, but this should generally be routine. It's not like USC lacks the ability to administer this research. In particular, I'm quite troubled by the idea that "the original grantee institution [may] not wish to relinquish the grant". Grant-making decisions are primarily based on scientific criteria -- the potential contributions of the researchers -- not on the identity of their home institution, so this rule seems preposterous to me. "UCSD wants to resume its management of the study" -- but I doubt anyone from UCSD other than the research team actually managed the study – by definition the PIs manage the study. UCSD provided administrative services (financial oversight, for example) and facilities (for which the grant is charged overhead), but this is not a unique contribution of UCSD.

    Some grants are political (Congressional earmarks) and then it may make sense not to move them if the researcher moves, but NIH grants shouldn't work like that (and in any case these earmarks are illegitimate).

    1. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      yes, this should be a no-brainer. Successful researcher exercises their options and academic freedom to go wherever they are better supported. Any decent judge should realize that the research program will be better off with the original PI and team at the new institution. The old institution failed to support the research team and is most probably very fond of the administrative overhead paid by the research grant, not the research itself, hence their actions. Should have probably said, we are sorry to see you go, we would be happy to maintain collaboration as much as possible. Instead dumb-asses come up with stupid stuff like loyalty oaths and such...

    2. Re:Grants to Researchers vs Institutions by skr95062 · · Score: 5, Insightful

      This program has been in existence since 1991. The professor has been in charge of the program since 2007. Please enlighten us as to how all of the data can be his when he has only been in charge of the program for 7-8 years of it's 24 year existence. If anything he would only have a right to the past 7-8 years worth of data not the other 17 years of data that was collected before he joined the project.

    3. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      His grant, that he wrote and received, was charged for the upkeep of all data. If you live in a house built 24 years ago you bough 8 years ago, the entire house is still yours.

    4. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      To me it seems clear that Prof. Aisen's research is his, and if he moves universities he takes his project with him (especially the data). It's true that formally the university administers the grant (the granting agency write them a check, equipment bought with the money is university property etc). But the project itself is an intangible concept, which runs with the people and not with the university.

      I'm not so sure it is that clear cut for this grant. The Alzheimer's Disease Cooperative Study goes back to 1991, and has been awarded to UCSD since it was created, Professor Aisen has been the head of it since 2007. Obviously he has made contributions to the project if he is the PI, but I think you could make the argument that UCSD's historical ties to the grant shows the can find other competent PI's. (http://www.latimes.com/local/education/la-me-ucsd-lawsuit-20150706-story.html)

    5. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      The issue is this yahoo came in 16 years after the program started. It's not his program at all, that's obvious to literally anybody who took the time to read the summary, let alone the story. And I mean if you are actually a university professor, what are you doing commenting without even reading the article you are commenting on? I have to assume it took you longer to write that wall of text than it would to actually read the story, so what gives? Is this why the US is so fucked on an educational level, even their teachers are stupid?

    6. Re:Grants to Researchers vs Institutions by oh_my_080980980 · · Score: 2

      Try again. The study existed before Aisen arrived it did not originate with him. Regardless it is moot point. The university owns the research and the grant. If Aisen wants to leave, he has to settle that with UCSD, that's a contract dispute but his research stays behind.

      [disclosure: I've applied for and received an NIH grant]

    7. Re:Grants to Researchers vs Institutions by oh_my_080980980 · · Score: 0

      Listen Zippy, that's not how it works. You should stop before you look more like an ass.

    8. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      Please change this to an appropriate car analogy. Thanks.

    9. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      More like there is a collaborative project that existed for 24 years and after 8 years of solely working on it and maintaining it, you claim it's all yours. That's nonsense. Property ownership is a bad analogy, but that hasn't stopped people from making ignorant statements.

    10. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      It's almost as though there is paperwork which will spell all of this out with certainty and it doesn't matter what speculation AC decides to post on Slashdot.

    11. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      Listen Zippy, that's not how it works. You should stop before you look more like an ass.

      ha ha, he may have struck a chord or something for to go ad hominem so fast...

    12. Re:Grants to Researchers vs Institutions by khb · · Score: 1

      Aye, this does seem to the crux of the dispute. Many researchers have always acted as if the PI is the owner ... but that's not what the grant language typically actually says.

      So I conjecture that is what the Court(s) will have to decide "is the grant language (and germane government policy documents) to be read as written, or reinterpreted as has been the custom?"

      Once upon a time, Courts gave a lot of weight to the language as written. Sometimes they still do. Other times, they seem willing to pretty much turn the language on its head. IANAL and its unclear to me just when they decide to set aside the language as written and when not to.

      Given the $$ in play (both directly and for downstream royalties) I'm sure neither Institution is going to give up easily. The implications for other researchers will be far reaching ... so I will be surprised if a bunch of amicus briefs aren't filed.

    13. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      Almost, but not quite.

    14. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      Grant money. The people's money. The people's data.

    15. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      "Instead dumb-asses come up with stupid stuff like loyalty oaths and such..."
      Funny story- UC was so anxious to get me, that I was called in just after the Interview and put to work immediately. Paperwork would be taken care of when the HR person came back from vacation the next Monday.
      Thirty years later...
      I was retiring, and in my Retirement Package was the Loyalty Oath, a request for my CV and Transcripts, and a form asking for three References. These were the originals, from three decades back.
      HR Bullshit.
      My Exit Interview was rescheduled, and I showed up with the Forms, not yet filled out.
      A UC Lawyer was there, he wanted to know all the details. A decent chap, he eventually took the Forms, put them in his briefcase, and that was the end of that.

      Captcha: repress

    16. Re:Grants to Researchers vs Institutions by virtualXTC · · Score: 1

      Actually, if all of you would stop arguing and RTFA, you'd note that there is clarity about all of this: 'UCSD—not Aisen— “is contractually obligated by its agreements with the NIH and research partners to maintain and safeguard data from clinical studies conducted by ADCS. ”'

    17. Re:Grants to Researchers vs Institutions by virtualXTC · · Score: 1
      The issue with slashdot posters that don't RTFA before making complex arguments is that their argument is void when everything has already been clearly defined. FTFA:

      “Principal investigators (PIs) on an NIH grant must contact NIH through their institution to seek prior approval for a change of institution. NIH grants are made to institutions, not to individuals. When a PI moves to another institution, the original grantee institution frequently agrees to relinquish the grant to the PIs new institution but NIH must approve this transfer. If the original grantee institution does not wish to relinquish the grant, they must seek NIH approval to appoint a new PI to the grant. NIH must assess whether the project can continue under the new scientific leadership at the original institution, and if so will approve a change in PI. If not, the grant is terminated.”

    18. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      I know that responding to myself is bad form, but it turns out that the "Loyalty Oath" that UCSD is requiring Aisen to sign was specifically crafted just for him, since it emphasizes Loyalty to UCSD interests.
      This is clearly Unconstitutional under Tolman vs. Underhill:
      http://news.sciencemag.org/sites/default/files/cross-complaint_of_defendants_paul_s._aisen_and_usc_against_the.pdf

      UC was specifically warned that requiring such an Oath was illegal by the California Supreme Court.

      I was required to sign the usual Oath, the one about not trying to overthrow the Government- that sort of thing. If I did try to overthrow the Government, I wouldn't want to get nailed on a Perjury charge.
      (Another reason that, while I have been in this Country for over five decades, I have no wish to take out Citizenship. Yet another reason- Jury Duty. None for me.)

    19. Re:Grants to Researchers vs Institutions by martas · · Score: 1

      Would you be in favor of journals having a data (or even code) "registration" requirement? Something like any data you use has to be submitted to some third party curator, with full technical documentation detailing the experimental design. I don't necessarily mean that this should entail giving up ownership of the data -- just as a means of making sure that the data itself, and important metadata explaining it, doesn't get lost when the PI or students move on to other things. I've been a part of that myself -- I published something as an undergrad that has seen a moderate amount of citations since, but I've left that field, and the professor I worked with moved to a different university, and I don't even remember if he ever had a copy of the most up to date and final version of all out data and code by the time I left. I still occasionally get emails asking for data/code that I usually just ignore...

    20. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      You might want to take citizenship to protect some rights - like your social security. Republicans tried to make Social Security conditional on citizenship a few years ago. The proposal was that non-citizens employed in the USA would have to pay the tax but would not be eligible for benefits.

      The attempt didn't succeed that time but it's likely to come up again if/when the USA has a Republican president.

    21. Re:Grants to Researchers vs Institutions by Anonymous Coward · · Score: 0

      Thanks for the concern. Just last Friday, my Sister, (Who was born here...), was saying the same thing- If the Republicans get all three Branches of Government, thing won't go too well here for those of us who aren't White, Male, Rich, Protestant, and whose Ancestors have been here since Jesus walked with the Dinosaurs.
      I have my Exit Plan. When My Parents gave up on this country, they went back Home and bought a Country House. (Google Maps has it listed as "XXXXX's Cottage". Using Street View, it looks like the Caretakers haven't done much caretaking recently.) I know the Trick about buying a Shipping Container and using it to move all my Goods back. I'm sufficiently Liquid that I can live in comfort without Social Security _or_ the UC Retirement Plan, if it goes tits-up. (CalPERS is in trouble.)
      I wouldn't sign a Loyalty Oath there either, but those haven't been required since the days of De Valera and Collins.

      Note that Undocumented/Illegal Aliens don't get Social Security now, no matter how much their Employers made them pay into it.

    22. Re:Grants to Researchers vs Institutions by Goldsmith · · Score: 1

      I used to be a government scientist overseeing grants. I was always astounded that professors did such a poor job reading and understanding their contracts (and budgets). Industry was always much better at this, and university administrators were usually ok, but professors had no idea whether shifting money around would get them a slap on the wrist or potential jail time (tip: it's both). Aisen committed a crime here, if NIH wants to pursue it. You HAVE to clear this kind of thing with your granting agency, and get that signed off by your old institution BEFORE you move.

      You need to read your actual grant (or contract) as well as your data management plan, your clinical study protocol, etc... The project is not intangible. It has a contractually defined scope, owner, location, requirements, and performer. There are clauses that are triggered when one of these change. The government often does not enforce these conditions, because they have nothing to do with the metrics used to rank program dollars at most granting agencies.

      The equipment bought with that money, the data generated, all of that stuff is owned by the government and held by the university in trust. It's rarely done, but the government can ask for equipment and unused materials back from any research project, or ask to use equipment (which generally should be kept in operating condition at the expense of the university).

      Legally (and this is never enforced), you're required to include the cost of any government owned equipment you're using at your university in every grant cost proposal to fairly compare with organizations that don't have access to on-site government owned equipment.

      The selection of grants is not simply based on scientific criteria, but often has much to do with the institution, politics, and economics. It takes a lot of work before you can convene a selection committee. Internal politics in the government covers geography, alumni networks, personal networks, public vs private institutions, universities vs companies, government employees vs private... before a decision based on science, there have been years of committee battles fought to prep a committee for certain expected proposals.

      Data ownership here is the big one. The current PI inherited this data from UCSD when he moved there. That's not his even by your definition.

      Bottom line, a grant is a contract with the government. You don't really want to be violating government contracts when that's how you're paying your bills.

  17. Open Source the Data -- Taxpayers paid for it by Anonymous Coward · · Score: 0

    Why should this information be exclusive to one person or university? If this is paid for with public funds then it should be made publicly available.

    1. Re:Open Source the Data -- Taxpayers paid for it by Sowelu · · Score: 2

      It's medical research. There's insanely stringent restrictions on how you can release it. Research scientists get special permission (with patient consent) to have personally-identifiable medical info, because it's necessary to their research, but it's so detailed that releasing it for public consumption would be pretty darn bad for the subjects in the study, and they didn't give consent for it. It would also drive research subject recruitment rates way down if that was mandated in the future

      This distinction is also key to one of the Republican oppositions to environmental research. "The EPA can't make policy decisions on any research that doesn't completely 100% open all its data to the public"--who can argue with that? Problem is, that would mean releasing the entire medical history of all those patients. No thanks. And again, requiring patients to give consent to full public release of their medical history is a great way to discourage people from participating in any environmental-issue-related medical study.

  18. They don't care if Alzheimers EVER gets cured. by Anonymous Coward · · Score: 0

    All they want is their grant money so they can fatten their personal greedy pockets. Alz.org is the same as well. The entire Alzheimer's "medical industry" is a complete sham.

    Imagine if Alzheimer's was cured? These greedy assholes would be completely out of business.

    1. Re:They don't care if Alzheimers EVER gets cured. by WillAffleckUW · · Score: 1

      I think you mean the pharmas.

      They want you to get a "cure" that keeps you functional but doesn't cure you. Very few scientists want that. They want to both cure it and find out how to turn off the triggers or ameliorate them.

      --
      -- Tigger warning: This post may contain tiggers! --
  19. A big pile of steaming shit by AndyKron · · Score: 0

    Science research, like everything else is nothing but a big pile of steaming shit.

    1. Re:A big pile of steaming shit by Sowelu · · Score: 1

      Is this the new weekly version of the "You cows!" thing?

  20. Yawn by Ol+Olsoc · · Score: 2

    A full blown fracas? Wake me when it becmes a donnybrook

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    1. Re:Yawn by BVBigelow · · Score: 2

      I wrote donnybrook! It was turned into fracas by Slashdot!

    2. Re:Yawn by Ol+Olsoc · · Score: 1

      I wrote donnybrook! It was turned into fracas by Slashdot!

      Dammit! This is going to turn into a kerfuffle if they don't watch out.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  21. Sigh by WillAffleckUW · · Score: 1

    Very sad.

    Most ADRCs use drive to drive backups btw. With multiple site locations. We get quakes here.

    --
    -- Tigger warning: This post may contain tiggers! --
  22. At the end of the day... by Anonymous Coward · · Score: 0

    They forgot what they are fighting for.

  23. "Ownership" of Data by oneiros27 · · Score: 3, Informative

    I agree on the studies that are currently ongoing -- the grant was awarded to the PI, not to the institution.

    But this whole question of who 'owns' the data from research has been coming to ahead for a while. Common arguments are for one of:

    * The PI
    * The PI's institution
    * The funder

    The problem is that for years, the disposition of the data was never spelled out clearly in the RFPs. Most people had never heard of a DMP (Data Management Plan) until NSF started requiring them a few years ago.

    So ... we get into the problem that because each grant can come up with a different DMP, we have to look to those to see who is the gatekeeper of the data. In some cases, the data is handed off to an IR (Institutional Repository; typically something managed by the library), and if that's spelled out in the DMP, then I'd say that the institution keeps control of the data. In some cases, it all needs to be sent back to the funder (NASA instrument contracts are like this, where the 'final data' must be deposited back to an ARC (Archive Resource Center)). But there might be other ones where the PI is personally responsible for access to the data.

    Personally, I prefer the IR or funder, just because most scientists have no clue what they're doing when it comes to archiving data. See Data Sharing and Management Snafu in 3 Short Acts. You also run into problems when PIs retire / die / move / whatever. ... but I don't deal with medical data where you need to have an active gatekeeper (IRB, Institutional Review Board, or similar) where you might need someone with better understanding of the data.

    So anyway ... without there being something specifically in the grants, the institution likely can lay claim to keeping a copy of the data ... but I don't know if they can necessarily stop the PI from taking a copy with him, or even the server holding it (if the hardware was paid for through his current grants). They *might* be able to get the IRB involved, and insist that they need to review what's being done with the data that's being moved.

    In this particular case, though ... it's not only an NIH grant (which are clearly to the institution), but the PI has only been there for 8 years -- so he's taking data that was collected by previous PIs before him. I'd say that his trying to take all data from the department, and not just that which he was PI for is a rather sleazy move.

    (disclaimer : I'm one of the moderators on StackExchange's Open Data site )

    --
    Build it, and they will come^Hplain.
  24. Pitiful by Anonymous Coward · · Score: 0

    This type of shit grinds my gears... Five million fucking people with Alzheimer's and these assholes pull shit like this. This type of research should be public with the data stripped of identifying information which would be held by researchers that conducted the test.

    Research Group -
    Patient #ID
    Gender
    Age Group 60 - 63
    Stage 4
    Diagnosis date
    Test ran
    Results
    Side effects

    If another research group sees something that someone else did not then contact them and ask for a release. We should be working together if we want to make real progress. A couple people in my family died from Alzheimer's and thinking about progress being slowed down over bullshit really pisses me off. I bet if they had some family members that forgot who they were before they died they would not be acting like this. It's fucking horrible and nobody should have to go that way. You lose everything, and eventually you think you're alone because you cannot remember anyone.

  25. Reminds me of... by John+Allsup · · Score: 1

    Certain animated avian characters: http://3.bp.blogspot.com/-wX_N10DWMG0/VbjnPV43ISI/AAAAAAAABDk/p8lLwJF_i0I/s1600/mine%2Bmine.png

    I wish someone would do the 'children... please... if you squabble like this, you'll both get nothing' thing.

    --
    John_Chalisque
  26. A Lot at Stake by Camel+Pilot · · Score: 1

    I don't understand why this data isn't just shared publicly to anyone who cares to inspect it. What's gained by hiding it?

    Alzheimer's costs the US economy over $100B/yr, and that amount is likely to soar as the population ages. If a university finds a cure, or even a prevention, they stand to reap billions in patent license fees. The stakes here are very high.

    If the disputing parties or a family member develops dementia (high probability) and if the disease could have been mitigated or cured by the sharing of data the stakes are a LOT higher than a dollars. What good is Billion dollars if you can't recognize a family member or even remember your own name. Stupid people.

  27. Apparently by terrywirth5 · · Score: 1

    these two entities have forgotten the details about who killed who,

  28. I Own That Data by Anonymous Coward · · Score: 0

    Who payed for the research? The USA Federal Government.
    Who pays taxes to the USA Federal Government? I Do.

    Ipso facto, the data belongs to me because I payed for it. All government funded research should be in the public domain! No more of this socialize the cost and privatize the profit. Hey senator, are you listening?

  29. I'm not the only one thinking it... by Anonymous Coward · · Score: 0

    ...did someone forget the password?

  30. Don't upset academics by Snufu · · Score: 1

    They'll take you to school.

  31. RTFA: "Ownership" of Data by virtualXTC · · Score: 2
    Why is everyone posting speculation instead of actually reading the article? The reporter did all the homework; the article clearly states that there was a data management plan and that the Institution is in charge of managing the data:

    UCSD—not Aisen— “is contractually obligated by its agreements with the NIH and research partners to maintain and safeguard data from clinical studies conducted by ADCS. ”

  32. Bayh Dole Act says otherwise by Anonymous Coward · · Score: 0

    In point of fact, it used to be that when the Feds sponsored research, the uni could not patent it, and, if patented, the patent would be assigned to the US government.

    However since the Bayh-Dole Act was passed, to encourage work on the human genome, universities have first crack at patenting or exploiting intellectual property developed under US federal govt funding. The US government gets what's called "government purposes rights" so that the government can use the IP for government purposes (defined quite broadly). For example, if USC developed a new wonder drug that cheaply cures anthrax and licensed it to Pfizer, who then charge umpty gazillion dollars, the government could step in ("march in rights") and contract with Amgen to produce the drug, using USC's IP (but not Pfizers) at whatever cost the government negotiates, and then distribute the drug as it sees fit.

  33. hey guys, The Cloud is secure right? by johncandale · · Score: 1

    The computers in question, I believe, are in the cloud (if I remember the Aisen et al filing correctly.)

    Hey guys, the cloud is secure right? Lets put our accounting details in there too and not have backups.

  34. nope wrong. by johncandale · · Score: 1

    That is just silly reasoning, you are taking a part out of the whole system. The university supported him. deal with it.

  35. Go sit in separate corners. by Anonymous Coward · · Score: 0

    A judge need to spank them both, set them in separate corners and get all the research and the grants and give them to a grown-up like Stanford. Then may USC and UC San Diego learn to play nice and CURE THIS NIGHTMARE OF A DISEASE!!!

  36. Research Fight by Stormcrow309 · · Score: 1

    Lets make this fair. Each university picks champions. They go into a room, whoever walks out... gets the research project.

    --

    In God we trust, all others require data.

  37. RTF Comment you are replying to by l2718 · · Score: 1

    I am certainly aware of the rules, and event quoted this very rule in my comment. I was arguing that some ways of implementing them are wrong. Deal with it.

  38. Access to research data by l2718 · · Score: 1

    I actually think you should start with the ownership.

    I believe that, like the research results themselves, all the underlying data of publicly funded research belong to the general public. The researchers must have a right to keep their data secret for a while so they get first dibs to produce results from it, but eventually everybody else should get to try their hand at the data.

    Several different agents should work on this. The granting agencies should insist all research data is properly curated and hosted for posterity – as a benefit to the public who paid. This should include the raw data, intermediate products like scripts and code, and the final processed data. The journals should insist on the same thing, this time for the benefit of science (allowing others to verify the results). In all cases there should be an appropriate embargo period, depending on the field.

    By the way, I think of your code as falling under "research results" (you developed a method of handling the data) more than "research data".