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The Courts The Internet Science

Anonymous Peer-review Comments May Spark Legal Battle 167

sciencehabit writes: The power of anonymous comments — and the liability of those who make them — is at the heart of a possible legal battle embroiling PubPeer, an online forum launched in October 2012 for anonymous, postpublication peer review. A researcher who claims that comments on PubPeer caused him to lose a tenured faculty job offer now intends to press legal charges against the person or people behind these posts — provided he can uncover their identities, his lawyer says.
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Anonymous Peer-review Comments May Spark Legal Battle

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  • by Anonymous Coward on Tuesday September 23, 2014 @05:38AM (#47971989)

    A list of his articles on PubPeer:

    https://pubpeer.com/search?q=sarkar

    Conclude from the comments what you will.

    • by geogob ( 569250 ) on Tuesday September 23, 2014 @06:36AM (#47972135)

      Even if some comments are clearly justified, from many comments one can discern a pattern of an active campaign against the other. For example, one commenter posts :

      This brings the total number of paper with problems for Dr. Sarkar, at Wayne State Unversity, to what? 50, 60 papers commented on PubPeer??!!

      Most of the image reviews have also been made by the same person, indicating an active campaign against the author.

      As well as this may be justified, this is not the proper way to address critical review of already published papers. Assuming that the issues are that important (I can't judge as it is quite far from my field of expertise), letters should be sent to the editors highlighting the issues. Also, review or comment paper could be submitted to the journals.

      • by rtb61 ( 674572 )

        Perhaps an underpaid and abused masters/doctorate lab rat with insider knowledge seeking payback for broken promises ;).

      • Re: (Score:2, Insightful)

        by Anonymous Coward

        Yes, criminals also say the police is on a campaign against them. if this author is continually putting out crap, then someone who knows it should continually point it out. that is not wrong at all (assuming it is justfied, which as you admit, you think it could be - how else does peer-review work than to voice your concerns?).

      • Most of the image reviews have also been made by the same person, indicating an active campaign against the author.

        That doesn't follow. If I read a science paper and thought that it was rubbish and wrote about it because it annoys me if rubbish papers are published, then it would be obvious that I would look for other papers of the same author and check them out as well. That's not an "active campaign against the author", it's an active campaign for papers that are not rubbish.

      • by pesho ( 843750 )
        I don't see any evidence that all the comments are posted from the same person. "Peer 1" is not a nickname or user ID. It looks like the initiator of each thread on PubPeer is automatically named "Peer 1" if he/she is registered. The next commenter on the thread will be "Peer 2" and so on. I also don't see anything personal in the comment that you cite. To me it looks like a statement of fact.
  • For a moment I thought it said PubBeer.

  • Lawsuits are generally an unreliable alternative to income earned by full time employment. You can't sue "anonymous" any more than an organization should base a hiring decision on "anonymous" references or testimony.

    Perhaps, the worst job market in decades is as much to blame as the candidate's desperation to come to terms with the hard reality: there are too many people available for hire, including and perhaps especially, those already employed and willing to jump ship, laterally. It seems "poaching"
    • by jythie ( 914043 )
      True, but such lawsuits also might give people reason to not do such things again.

      This is the problem with our DIY justice system. This is the type of thing that the state should be handling... bringing people to trial, penalties if found guilty, that sort of thing. But in cases like this the prosecution has to be privately funded and consequences only come of the injured party pushes it on their own.
      • True, but such lawsuits also might give people reason to not do such things again.

        Do what again? This guy really was faking his research, look at the images. He's trying to sue the people that called him on it, into silence.

        • That's the double-edged sword of lawsuits. They can be used to ensure that someone doesn't do something bad (e.g. skip out on paying a debt they owe) or to ensure that someone becomes too afraid to do something they have a right to do (e.g. speak out against someone with enough money and power to tie you up in legal proceedings should you upset them).

          • by geekoid ( 135745 )

            Unless I missed something, he is suing to find out who is spreading lies against him. From his perspective.

            Really, if someone is spreading lies about you and disrupting your lively hood, you should be able to defend yourself.

        • by geekoid ( 135745 )

          I see pattern hunting, and out of context images.
          If it was really an issue, you should be going through scientific channels. There are whole actual mechanism for dealing with this sort of thing, and they are more reliable then AC posting on a website.

    • Lawsuits are generally an unreliable alternative to income earned by full time employment.

      In the unlikely event that he wins, the lawyers should do OK out of it. He'll be left holding what little the lawyers don't take, and be unemployable for life.

  • by gnasher719 ( 869701 ) on Tuesday September 23, 2014 @05:48AM (#47972009)
    There are two possibilities: He lost his tenure because there was an anonymous, incorrect peer review negative towards him. His work was actually good. In that case he should sue the university to make decisions based on anonymous, incorrect peer reviews.

    Or he lost his tenure because there was an anonymous, but correct peer review negative towards him. His work wasn't up to scratch. In that case, his loss is deserved. If faults in his work were not detected in a normal review but only in further review by an anonymous person, these faults are still there and due to him. Suing would be like a criminal who got caught due to an anonymous tip suing the tipster.
    • by fuzzyfuzzyfungus ( 1223518 ) on Tuesday September 23, 2014 @07:44AM (#47972321) Journal
      According to TFA, even the guy's lawyer is asserting that the loss of tenure was an indirect consequence of the anonymous campaign:

      Sarkar was a tenured researcher at Wayne State University.

      He applied for, and initially received, an offer from University of Mississippi Medical Center. In order to take that job, he resigned his position at Wayne State.

      Before his new job started, they revoked the offer. His lawyer says that the revocation was clearly a result of the anonymous campaign against him.

      Wayne State allowed him to un-resign; but not to grant him tenure again.

      My understanding is that actually being stripped of tenure is a much, much, bigger deal, one that would take some nice evidence of malpractice or some very, very, ugly togetherness issues with a substantial portion of the faculty and administration. In this case, he never actually lost tenure anywhere; but resigned it and then was unable to get it back when his other job fell through. Similar end result; but very different process.
      • by Notabadguy ( 961343 ) on Tuesday September 23, 2014 @08:45AM (#47972643)

        It is important to keep in mind that there is no factual proof that he lost his offer of employment at UoMMC or his tenure at Wayne due to the comments on PubPeer. Sarkar's lawyer claims that the retraction letter from UoMMC says this is why, but has declined to offer the letter as proof.

        All that is factually known at this time is that the scientific integrity of Sarkar's articles have come under scrutiny, and that a potential job at UoMMC didn't pan out for him.

        • Indeed. I did not intend to imply that his allegations were true, so hopefully I didn't.

          My point was just that, even according to his own alleged version of events, he was never stripped of tenure (at all, much less on the basis of anonymous comments), he just suffered loss of tenure when he had an unsuccessful transition between two jobs.

          I have no way of telling whether his story is absolutely true or absolute bullshit; but either way it's much, much, less notable than the idea that he would directly
        • by Casualposter ( 572489 ) on Tuesday September 23, 2014 @09:16AM (#47972887) Journal

          This part of the article caught my eye: "Roumel’s response is that his client has no responsibility to critics who refuse to put a name to their accusations. “I don’t think he has any obligation to provide the data [behind the papers called into question] to anyone other than a journal,” he says."

          It is fundamentally wrong to fail to provide the data behind a published paper simply because the requester is anonymous or not a journal. The scientist involved has some questionable published figures and an explanation as to validity of the data would be useful to the scientist involved and to those who are questioning the figures. Far cheaper to put up the data and let the accusers hang themselves on the own stupidity or ignorance. On the other hand, if there is something less savory going on putting the data up would be a disaster and suing the accusers is an obvious strategy: accuse me of anything and I'll bury you in legal costs is a pretty steep penalty for questioning published data.

          Unfortunately from my own experience with reproducing published work: the typical paper leaves a lot to be desired and sometimes, the published results cannot be reproduced using the methods and techniques described. This is sometimes due to fraud and most times due to incomplete experimental sections.

    • That was my thought. I don't know anything about this case, but if you get fired from your job because an anonymous nutjob posts some unfounded criticisms of your work, then your boss (or whoever had you fired) is to blame. If there's a connection, I'd sooner guess that he was fired because some influential people at his school didn't like him, and the comments were posted by one of those people.
      • In many states you losing your job because your boss was unreasonable is not a cause for action against your employer as your employer can fire you for any reason that isn't unlawful. For example, if my boss was told that I cheated on my spouse my boss could fire me because spouse cheating is not a legally protected class. But if the person who told that to my boss did so with the intent of getting me in trouble and it was not in fact true I would reasonably say that he was the cause of me being fired and
    • by PvtVoid ( 1252388 ) on Tuesday September 23, 2014 @08:39AM (#47972605)

      There are two possibilities: He lost his tenure because there was an anonymous, incorrect peer review negative towards him. His work was actually good. In that case he should sue the university to make decisions based on anonymous, incorrect peer reviews.

      There's a third, more mundane possibility: he lost his tenure because he quit. When he lost his new job offer, he went back to Wayne State asking for his old job back, and they said no. The devil is in the details here. If he had a written employment and tenure agreement with Mississippi all signed and finalized, he would have a damn good case against Mississippi. TFA is not clear on this point, but I would hazard a guess that he got an informal notice that Mississippi intended to hire him, quit at Wayne State before the offer was official, and then Miss yanked the offer before they were legally committed. This kind of shit happens all the time. So sorry.

      Moral: never, ever, quit your current job until the ink is dry on the legal papers for your new one.

      • There's a third, more mundane possibility: he lost his tenure because he quit. When he lost his new job offer, he went back to Wayne State asking for his old job back, and they said no.

        Well in fact he did get his old job or position back at Wayne State, Michigan, but at the reduced level of pay, and without the other benefits of tenure. This was most likely simply the administration trying to control their expenses, as they had most likely planned on replacing him with a non-tenured professor.

        > Moral: never, ever, quit your current job until the ink is dry on the legal papers for your new one.

        Good intent, but often hard to keep in practice while also managing obligations such as the notice period for resignation (14-90 days), and planning (i.e. relocation) - most employers won't continue

      • Moral: never, ever, quit your current job until the ink is dry on the legal papers for your new one.

        Dos not change much. Even in super "secure" germany (secure regarding jobs), a new employee can be fired for no particular reason in the first 4 (or is it even 6?) weeks of his/her employment.
        So, if you start your job, I can fire you a day later, if I want to give a reason I say: the chemistry does not fit.

    • ... or he lost his tenure because he resigned to take another offer and that other offer was revoked. I've looked at some of those comparison images and found some completely laughable (rotate image and take one small section and show it is similar to another small section but not other portions of the image) and others more like trying to compare two pictures of 4 sausages and thinking those sausages are all a bit similar to start with but not exactly. In another image comparison the comparison itself al
  • by geogob ( 569250 ) on Tuesday September 23, 2014 @05:55AM (#47972027)

    I have a real problem with the concept of anonymous peer review without editorial oversight or not included in a due peer review process. That said, I do recognize the interest for post-publication peer review due to lacks in the commonly used review processes, although I do not believe this should be allowed to be done anonymously.

    Anonymous review is usual in the peer-review processes of most journals, but these comments are in general non-public or at least reviewed by an editor before publication. Some reviewers choose to do their peer-review work without the cover of anonymity and I encourage this. If you have constructive criticism on the work of an other and can this criticism is well founded, you can very well do it openly.

    I believe that the best why to process with peer-review is with a two steps process, where first the submitted paper is published in an open discussion paper. Comments from the official reviewers are public and any one can comment on the papers. Following the peer review process, the paper is published in the official paper which may be with or without open access (I prefer those with open access). Such a process encourages quality and brings the whole community in the peer-review process, but under the oversight of editors.

    Something like PubPeer is extremely tricky. It's an open door to abuse and for commenter to wash their dirty linen in public. I don't know if such a platform is a good idea, especially with anonymity. I'd rather have a good review of the peer-review processes commonly used.

    • by geogob ( 569250 )

      I'd like to add, that most journals have a post-publishing commenting processes. Open letters, comments and critics may be addressed regarding published articles. Following those errata and replies may be published. This process is, in my opinion, underestimated and under-used.

      Also, editors should be contacted if obvious ethical problem should arise with already published articles.

      (OT: and sorry for the few typos in the above post.)

    • by hweimer ( 709734 )

      Anonymous review is usual in the peer-review processes of most journals, but these comments are in general non-public or at least reviewed by an editor before publication. Some reviewers choose to do their peer-review work without the cover of anonymity and I encourage this. If you have constructive criticism on the work of an other and can this criticism is well founded, you can very well do it openly.

      No, you can't. Most active scientists do not have tenure and therefore openly criticizing the work of a bigwig in the field would be extremely dangerous, even when perfectly justified.

      Something like PubPeer is extremely tricky. It's an open door to abuse and for commenter to wash their dirty linen in public.

      Can you provide an example of someone using a service like PubPeer to wash dirty linen? I have a hard time to imagine how this could be done, especially if you want others to take your allegations seriously.

      • by geogob ( 569250 ) on Tuesday September 23, 2014 @07:01AM (#47972205)

        Sorry, but I won't hesitate to openly criticize a bigwig if I believe I have the basis to do so. I won't sell my integrity for a tenured position. But I will not do it on A platform like PubPeer.

        Not sure if to "wash dirty linen" exactly convey what I meant, but regardless I did not suggest this was the case or that is done. I said it is an open door to such action. As I am not a user of the PubPeer platform, I cannot judge if comments meant to attack the reputation of an other due to private disputes commonly occur. Furthermore, such attacks with other motive as pure improvement of scientific publication quality are difficult to spot, because this is what anonymous commenting enables to do.

        Tenure track are extremely competitive, especially in fields like biomedical research. Knowing the human nature and with some of the dirty stuff I saw in my career, I can't imaging nobody would abuse this system to wrongfully block someone's progress at some point.

        • Sorry, but I won't hesitate to openly criticize a bigwig if I believe I have the basis to do so. I won't sell my integrity for a tenured position. But I will not do it on A platform like PubPeer.

          Would you keep silent to be able to work in the field that you love? Would you put your family's livelihood at stake for an opinion? You might have the moral fortitude and/or financial independence to do it but many people do not.

          Knowing the human nature and with some of the dirty stuff I saw in my career, I can't imaging nobody would abuse this system to wrongfully block someone's progress at some point.

          I would like to clarify what you meant by "can't imaging nobody". Was that a mistake in using a double negative and meant "can't imagine someone" or did you really mean "can imagine someone"? If it is the former then you need a better imagination. If it is the latter, good for you

          • by geogob ( 569250 )

            I do not use double negatives when I am not certain I use them correctly. In other words, I am convinced that someone will abuse the system at some point.

            • Getting to the top of a field or extracting lucrative grants from government is a system with the same inherent susceptibility for abuse. As an example: the whole link between autism and vaccinations was a fraud and an abuse of the existing grant system.

              Any system we humans build will be abused. So yes, Pub Peer will be abused. As is the current system of peer review. Disruption in the systems for review keeps the game afoot and the published data gets better. Cheaters have to adapt and change so thei

              • by geekoid ( 135745 )

                "autism and vaccinations was a fraud and an abuse of the existing grant system."
                Nope. It was done to discredit current vaccine so they will use his new patent technique.
                Grants were irrelevant in that case.

                If all you are doing is trying to abuse the grant system for money, then you would be better off working at walmart.

            • I do not use double negatives when I am not certain I use them correctly.

              The use of double negatives at any time is poor English.

        • by hweimer ( 709734 )

          As I am not a user of the PubPeer platform, I cannot judge if comments meant to attack the reputation of an other due to private disputes commonly occur. Furthermore, such attacks with other motive as pure improvement of scientific publication quality are difficult to spot, because this is what anonymous commenting enables to do.

          If somebody presents evidence for image manipulations, then why would you care whether this was posted because someone has an axe to grind?

          • by geogob ( 569250 )

            I wasn't commenting this specific case, but my comment was rather to read in a more broader context.

    • I have a real problem with the concept of anonymous peer review without editorial oversight or not included in a due peer review process.

      You mean it wasn't a good idea to basically make a 4chan for scientific paper review?

      Who would have thought it, after all, 4chan turned out to be such an awesome, wholesome, and welcoming place... do I really need to add the huge sarcasm tag after that statement?

  • by Anonymous Coward

    People should not be able to hide behind the mask of anonymity! If I correctly accuse someone of being a charlatan, I should be willing to have my mask removed so that the charlatan can attack me and/or my family. It is only right.

    Besides, is it fair for someone to be able to snitch on another person, even if that other person is doing something wrong? I say NO!

    A person should be able to commit crimes without fearing the possibility that some anonymous coward could expose them for being a criminal.

  • by jklovanc ( 1603149 ) on Tuesday September 23, 2014 @07:20AM (#47972249)

    According to this he has put out a lot of papers.

    Today, they revealed that the scientist involved is Fazlul Sarkar, a cancer researcher at Wayne State University in Detroit, Michigan. Sarkar, an author on more than 500 papers

    He got his doctorate in 1978. That would be an average of less than 27 days between papers being published. One must admire someone who can do so much thorough, factual research in such a short time. An average of one paper a month is impressive.

    • Re:Timing (Score:5, Insightful)

      by pjt33 ( 739471 ) on Tuesday September 23, 2014 @07:57AM (#47972383)

      His role on most of the papers was probably just to write the grant request.

      • Even grant requests take time.

        • by geekoid ( 135745 )

          But you can do many at the same time.
          What? you think when they get to the wait part while someone at the university reviews it they don't do anything?
          Same thing with papers.

          • Even if they were grant requests, a grant request is not part of the text of a paper and therefore someone whose sole contribution is the grant request is not an author. By that logic a book agent, who negotiates advances similar to a grant request, should also be attributed as an author. It sounds like stat padding to me.

    • Re: (Score:2, Informative)

      I agree 500 papers over his career is indeed a lot. But remember that in some fields there's this general practice for the head of a research group having his name on every paper coming from his group (at least as a co-author) even if it's not written by himself or if the whole research has been carried out by his master's degree/PhD students. So actually, if you're the head of a large productive work group, it's possible to achieve such a publication rate doing "thorough, factual research".
  • by Black Parrot ( 19622 ) on Tuesday September 23, 2014 @07:45AM (#47972323)

    If he had a case, it would be against the people who retracted the job offer.

    • That's assuming he didn't simply fuck up as a scientist and deserve to lose his job.

      If the comments came in over the phone, whether they were legitimate criticisms pointing out mistakes you made or harassing calls that lead to you being fired for stupid reasons...you wouldn't sue the phone company or the callers.

    • You believe that someone who sabotages someone else's career with malicious slander wouldn't have legal liability? I strongly disagree. On the other hand, depending on the wording of the job offer, it is entirely possible that it would be retracted without legal liability at anytime prior to start of employment. In many states firing someone doesn't require any cause, your fired because it's Tuesday and I want to fire someone would be perfectly legal. The employer who revoked his offer was in Mississipp
  • Sorry for the wall of text... summary and comments :P
    From the Science article and PubPeer discussion on the topic, but not the comments on the papers by the aggrieved scientist (Dr Fazlul Sarkar), a broad summary would be that he was a tenured researcher at Wayne State University, who was offered a tenured position at University of Mississippi.
    He resigned from Wayne State, then was informed by UoM that the offer was revoked. Dr Sarkur's lawyer comments that the retraction makes it "crystal clear" the retrac

  • Then how do we know he's an actual peer? This is an especially relevant question when it comes to certain scientific issues of an inflammatory politicized nature.

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