DOCSLIB.ORG

Lawsuit Sparks Calls for Libel Law Reform Nature Medicine

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Lawsuit Sparks Calls for Libel Law Reform Nature Medicine NEWS Australian funding overhaul set into motion Indian universities Australian medical researchers are looking for Larger firms and those undertaking R&D in face misconduct a share of an unprecedented boost to public Australia for which the intellectual property research funding as the Australian government is held offshore will be eligible for a 40% tax allegations responds to the global financial crisis. credit. Australia’s 2009–2010 federal spending on Rebecca James, chief executive officer of A report by the Times of India newspaper science and innovation will soar 25% year on advocacy group Research Australia, says the alleging that admissions to medical year, a commitment welcomed by the Federation changes offer considerable help to small school might have been sold for money of Australians Scientific and Technological companies who spend on eligible R&D. at two private institutions has stirred Societies, a research industry association, as The local pharmaceutical industry, however, controversy in India. The newspaper “exceptional” and “well above expectations.” says changes to the Pharmaceutical Benefits has said it caught officials on tape The 2009–2010 budget allocates an extra Scheme, which subsidizes retail medicine prices, demanding as much as Rs 4 million AU$430 million ($340 million) for health and will cost the industry AU$175 million over five ($80,000) for admission to medical medical research, AU$596 million more for years. degree programs without providing cancer research and a 12% increase in funding Medicines Australia chief executive Ian receipts. for basic research through the National Health Chalmers also rejects the move to require In the wake of these allegations, the and Medical Research Council. the industry to fund the scheme’s advisory country’s education ministry has ordered A major reform of tax incentives will offer a committee. an official probe into the claims. The two 45% tax credit for research and development “It is fundamentally inappropriate for the institutions, Sri Ramachandra University (R&D) spending by firms with annual revenue industry to pay for government procurement and Sree Balaji Medical College, of less than AU$20 million, available as a cash decision making,” Chalmers says. affiliated with Bharat University—both in refund for firms not earning taxable revenue. Simon Grose, Canberra, Australia the south Indian state of Tamilnadu—risk derecognition if found guilty, education ministry spokesperson Mamta Verma told Lawsuit sparks calls for libel law reform Nature Medicine. Dayanand Dongaonkar, secretary Last summer, the British Chiropractic treatments.” Singh, however, claims that he general of the Association of Indian Association filed a libel suit against science simply meant that the treatments are not Universities in New Delhi is waiting for journalist Simon Singh for writing that evidence based. The judge sided with the BCA, the outcome of the probe, saying that the association “happily promotes bogus but Singh plans to appeal the ruling. “we will decide about what action to take treatments.” In May, the two parties met for a Singh’s case has sparked calls for reform on our members once the government preliminary hearing. Singh lost the first round, of British libel laws, which place the burden investigation is over.” but has since won the support of thousands of proof on the defendant rather than on the Ramachandra University’s vice of scientists, journalists, parliamentarians and plaintiff. In June, the British organization chancellor S. Rangaswami did not reply others who say that British libel laws are stifling Sense About Science published a statement to request for comments. The university scientific debate. arguing that the laws “have a chilling effect, has an ongoing research alliance with © All rights reserved. 2009 Inc. Nature America, The brouhaha began in April 2008, when which deters scientists, journalists and science Harvard University in the US. Singh wrote an article for The Guardian’s writers from engaging in important disputes.” “We have been in contact with comment page in which he criticized the British At press time, the statement had more than the leadership of Sri Ramachandra Chiropractic Association (BCA) for offering 12,000 signatures. University, with which we have a up chiropractic as an effective treatment for Some suspect that the BCA’s lawsuit might professional services agreement, and childhood maladies such as asthma and colic. actually be backfiring and causing people to have expressed our wish to see the matter The article coincided with both Chiropractic criticize it. According to Steven Novella, a Yale resolved in appropriate fashion,” says Awareness Week and the release of Singh’s neurologist and frequent blogger, “The more Chris Railey, director of communications book, Trick or Treatment: Alternative Medicine you try to push it down, the more it will bubble and marketing for Partners Harvard on Trial. “I thought it was quite an interesting, up.” Medical International. important and well-researched article,” Singh Cassandra Willyard, New York Balaji College, the newspaper found said in an online statement, “but, unfortunately, from the college’s website, was chaired the British Chiropractic Association claimed I by S. Jagathrakshakan, a junior minister had defamed their reputation.” in the government. The BCA demanded an apology and a But after the exposé his name retraction. The Guardian offered to publish a reportedly disappeared from the website. 500-word response or to print a clarification. Nature Medicine was unable to reach S. When an agreement could not be reached, the Jagathrakshakan for comment. BCA decided to sue Singh (rather than the The admission scam has prompted newspaper) as an “act of last resort.” the education ministry to review the The May hearing was an attempt to ferret out functioning of 123 universities, including exactly what Singh meant by “bogus.” The BCA 55 medical colleges that obtained the Suki Dhanda Suki alleges that Singh implied that the association ‘deemed status’ in last five years. “deliberately promotes fraudulent chiropractic Speaking out: Simon Singh Killugudi Jayaraman, Bangalore, India NATURE MEDICINE VOLUME 15 | NUMBER 7 | JULY 2009 723.
Load more

Recommended publications
  • June 2014 Society Meetings Society and Events SHEPHARD PRIZE: NEW PRIZE Meetings for MATHEMATICS 2014 and Events Following a Very Generous Tions Open in Late 2014
    LONDONLONDON MATHEMATICALMATHEMATICAL SOCIETYSOCIETY NEWSLETTER No. 437 June 2014 Society Meetings Society and Events SHEPHARD PRIZE: NEW PRIZE Meetings FOR MATHEMATICS 2014 and Events Following a very generous tions open in late 2014. The prize Monday 16 June donation made by Professor may be awarded to either a single Midlands Regional Meeting, Loughborough Geoffrey Shephard, the London winner or jointly to collaborators. page 11 Mathematical Society will, in 2015, The mathematical contribution Friday 4 July introduce a new prize. The prize, to which an award will be made Graduate Student to be known as the Shephard must be published, though there Meeting, Prize will be awarded bienni- is no requirement that the pub- London ally. The award will be made to lication be in an LMS-published page 8 a mathematician (or mathemati- journal. Friday 4 July cians) based in the UK in recog- Professor Shephard himself is 1 Society Meeting nition of a specific contribution Professor of Mathematics at the Hardy Lecture to mathematics with a strong University of East Anglia whose London intuitive component which can be main fields of interest are in page 9 explained to those with little or convex geometry and tessella- Wednesday 9 July no knowledge of university math- tions. Professor Shephard is one LMS Popular Lectures ematics, though the work itself of the longest-standing members London may involve more advanced ideas. of the LMS, having given more page 17 The Society now actively en- than sixty years of membership. Tuesday 19 August courages members to consider The Society wishes to place on LMS Meeting and Reception nominees who could be put record its thanks for his support ICM 2014, Seoul forward for the award of a in the establishment of the new page 11 Shephard Prize when nomina- prize.
    [Show full text]
  • In the Supreme Court of the United States
    NO. 17-_____ In the Supreme Court of the United States EDWARD LEWIS TOBINICK, MD, a Medical Corporation d/b/a INSTITUTE OF NEUROLOGICAL RECOVERY, INR PLLC, d/b/a INSTITUTE OF NEUROLOGICAL RECOVERY, EDWARD TOBINICK, M.D., Petitioners, –v– STEVEN NOVELLA, M.D., Respondent. On Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit PETITION FOR WRIT OF CERTIORARI CULLIN A. O’BRIEN, ESQ. COUNSEL FOR PETITIONERS CULLIN O’BRIEN LAW, P.A. 6541 NE 21ST WAY FT. LAUDERDALE, FL 33308 (561) 676-6370 [email protected] SEPTEMBER 1, 2017 SUPREME COURT PRESS ♦ (888) 958-5705 ♦ BOSTON, MASSACHUSETTS i QUESTIONS PRESENTED In our age of the Internet, false disparagement against individuals and businesses can be lucrative. An Internet entrepreneur can funnel web-traffic for profit, through sophisticated uses of disparaging “click baiting,” “Internet trolling,” hyperlinks, hypertext, clickable banner ads, podcasts, Facebook, Instagram, email listservs and other systems. Individuals seeking legal redress from false Internet defamation can confront state court anti-SLAPP procedures that accelerate adjudication of the defendant’s “actual malice.” In contrast, businesses seeking federal court protection from false Internet disparagement under the Lanham Act, 15 U.S.C. § 1125(1)(B), are entitled to the summary adjudication safeguards of Federal Rule of Civil Procedure 56. The questions presented to this Court are: 1. When a defendant is sued for both common law defamation and business disparagement under the Lanham Act, 15 U.S.C. § 1125(a)(1)(B), does the application of state civil court anti-SLAPP procedure irreconcilably conflict with Federal Rule of Civil Procedure 56? 2.
    [Show full text]
  • JPBM Communications Award Is Given to He Takes a Particular Interest in Problems That Lie Ian Stewart of the University of Warwick
    comm-jpbm.qxp 3/5/99 3:49 PM Page 568 JPBM Awards Presented in San Antonio The Joint Policy Board for Mathematics (JPBM) The sheer volume of this work is staggering, but Communications Award was established in 1988 the quality is spectacular as well. With clarity and to reward and encourage journalists and other humor, Ian Stewart explains everything from num- communicators who, on a sustained basis, bring ber theory to fractals, from Euclidean geometry to accurate mathematical information to nonmathe- fluid dynamics, from game theory to foundations. matical audiences. Any person is eligible as long He conveys both the beauty and the utility of math- as that person’s work communicates primarily ematics in a way seldom achieved by a single au- with nonmathematical audiences. The lifetime thor, and he does so with charm and eloquence. award recognizes a significant contribution or ac- cumulated contributions to public understanding Biographical Sketch of mathematics. Ian Stewart was born in 1945, did his undergrad- At the Joint Mathematics Meetings in San An- uate degree at Cambridge, and his Ph.D. at Warwick. tonio in January 1999, the 1999 JPBM Communi- He is now a professor at Warwick University and cations Award was presented to IAN STEWART. Below director of the Mathematics Awareness Centre at is the award citation, a biographical sketch, and Warwick. He has held visiting positions in Ger- Stewart’s response upon receiving the award. This many, New Zealand, Connecticut, and Texas. He has is followed by information about a JPBM Special published over 120 papers. His present field is Communications Award presented to JOHN LYNCH the effects of symmetry on nonlinear dynamics, and SIMON SINGH.
    [Show full text]
  • FDA, FTC, and the Regulation of Pseudoscience
    In Pursuit of Science-based Regulation: FDA, FTC, and the Regulation of Pseudoscience What does “natural” mean? The Food and Drug Administration (“FDA”) has posed this seemingly innocuous question to the public in a recent request for information.1 Aside from it being a truly interesting, if overly philosophical question to ask the public, the move is emblematic of a recent trend, both from the (“FDA”) and the Federal Trade Commission (“FTC”), to regulate based on some articulable scientific premise, rather than allowing various actors to make wide-ranging claims about their products without repercussion. 2 In particular, the agencies have begun targeting dietary supplement manufacturers, homeopathic remedies, and most recently, Lumosity. Lumosity and the FTC Lumosity advertises copiously on networks and websites that include “CNN, Fox News, the History Channel, National Public Radio, Pandora, Sirius XM, and Spotify.” 3 Created by “Lumos Labs,” Lumosity is a web-based product consisting of 40 games, which Lumosity claimed that, when played “10 to 15 minutes three or four times a week could help users achieve their ‘full potential in every aspect of life.’”4 The FTC got involved because Lumos Labs claimed playing Lumosity’s games would 1) improve performance on everyday tasks, in school, at work, and in athletics; 2) delay age- related cognitive decline and protect against mild cognitive impairment, dementia, and Alzheimer’s disease; and 3) reduce cognitive impairment associated with health conditions, including stroke, traumatic brain
    [Show full text]
  • Neurologica Blog » Why Are We Conscious?
    NeuroLogica Blog » Why Are We Conscious? http://theness.com/neurologicablog/index.php/why-are-we-conscious/ Home About The Author – Steven Novella, MD Topic Suggestions Feb 06 2017 Why Are We Conscious? Published by Steven Novella under Neuroscience Comments: 26 In Daniel Dennett’s latest book,From Bacteria to Bach and Back: The Evolution of Minds, Dennett explores a number of issues surrounding consciousness. I have not yet completed the book and so may come back to it again, but wanted to discuss one topic that Dennett covers – why are we conscious in the first place? Dennett makes a distinction between competence and comprehension. Competence is the ability to perform some task, while comprehension is understanding the task and the process. The former is unconscious, while the latter is conscious. This touches on Chalmers’ “P-zombie” problem – if we can imagine an organism that can do everything a human does without experiencing its own existence (a philosophical zombie), then why did consciousness evolve at all? There are several possible solutions to this problem. The first is that humans were “designed” to be conscious by whatever agent made us. This introduces unnecessary elements and contradicts established science, so I think we can set that aside. The second solution is that consciousness is an epiphenomenon. We don’t need to be conscious, but we evolved consciousness as an evolutionary accident. This may be true, but is unsatisfying as it just side-steps the question of what use is consciousness. The third solution, which I find compatible with the evidence and compelling, is that consciousness is inherent to the functioning of our brains and brings with it specific advantages.
    [Show full text]
  • Fermat's Last Theorem
    Fermat's Last Theorem In number theory, Fermat's Last Theorem (sometimes called Fermat's conjecture, especially in older texts) Fermat's Last Theorem states that no three positive integers a, b, and c satisfy the equation an + bn = cn for any integer value of n greater than 2. The cases n = 1 and n = 2 have been known since antiquity to have an infinite number of solutions.[1] The proposition was first conjectured by Pierre de Fermat in 1637 in the margin of a copy of Arithmetica; Fermat added that he had a proof that was too large to fit in the margin. However, there were first doubts about it since the publication was done by his son without his consent, after Fermat's death.[2] After 358 years of effort by mathematicians, the first successful proof was released in 1994 by Andrew Wiles, and formally published in 1995; it was described as a "stunning advance" in the citation for Wiles's Abel Prize award in 2016.[3] It also proved much of the modularity theorem and opened up entire new approaches to numerous other problems and mathematically powerful modularity lifting techniques. The unsolved problem stimulated the development of algebraic number theory in the 19th century and the proof of the modularity theorem in the 20th century. It is among the most notable theorems in the history of mathematics and prior to its proof was in the Guinness Book of World Records as the "most difficult mathematical problem" in part because the theorem has the largest number of unsuccessful proofs.[4] Contents The 1670 edition of Diophantus's Arithmetica includes Fermat's Overview commentary, referred to as his "Last Pythagorean origins Theorem" (Observatio Domini Petri Subsequent developments and solution de Fermat), posthumously published Equivalent statements of the theorem by his son.
    [Show full text]
  • The Book Review Column1 by William Gasarch Dept of Computer Science Univ
    The Book Review Column1 by William Gasarch Dept of Computer Science Univ. of MD at College Park College Park, MD, 20742 email: [email protected] Slight change in information given: in the past I have provided price and ISBN numbers of books. The notion of price is ill-defined: the website www.bestbookbuys.com gives a range of prices from place to purchase books on the web. (amazon.com is usually not the cheapest, and its usually not even close.). Providing ISBN numbers is also not needed in this electronic age where such information is available at the touch of a button. If the price is notable{ either rather high or rather low, this might be mentioned in the review. Welcome to the Book Reviews Column. We hope to bring you at least two reviews of books every month. In this column five books are reviewed. 1. The Codebreakers: The story of secret writing , by David Kahn reviewed by William Gasarch. This is a rather complete history of crypto up to World War II. The key question for us is, should someone doing research in cryptography read this book? 2. The Code Book: The Evolution of Secrecy from Mary Queen of Scots to Quantum Cryptography , by Simon Singh. This book review originally appeared in the Notices of the American Mathematical Society, March 2000, and is reprinted here with permission. Review by Jim Reeds. This is a recent book on the history of crypto that is quite popular. But is it accurate? Read the review to find out. 3. DNA Based Computers V (Proceedings of a Dimacs Workshop) edited by Eric Winfree and David K.
    [Show full text]
  • Historical Cryptography
    Cryptography A Brief History and Introduction MATH/COSC 314 Based on slides by Anne Ho Carolina Coastal University What is cryptography? κρυπτός γράφω “hidden, secret” “writing” ● Cryptology Study of communication securely over insecure channels ● Cryptography Writing (or designing systems to write) messages securely ● Cryptanalysis Study of methods to analyze and break hidden messages Secure Communications Encryption Decryption Key Key Plaintext Ciphertext Plaintext Alice Encrypt Decrypt Bob Eve ● Symmetric Key: Alice and Bob use a (preshared) secret key. ● Public Key: Bob makes an encryption key public that Alice uses to encrypt a message. Only Bob has the decryption key. Possible Attacks Eve (the eavesdropper) is trying to: ● Read Alice’s message. ● Find Alice’s key to read all of Alice’s messages. ● Corrupt Alice’s message, so Bob receives an altered message. ● Pretend to be Alice and communicate with Bob. Why this matters ● Confidentiality Only Bob should be able to read Alice’s message. ● Data integrity Alice’s message shouldn’t be altered in any way. ● Authentication Bob wants to make sure Alice actually sent the message. ● Non-repudiation Alice cannot claim she didn’t send the message. Going back in time… 5th century BC Secret writing and steganography saved Greece from being completely conquered by the Persians. ● Invisible Ink ● Shaved head Steganography vs. Cryptography Steganography hides the existence of a message. Cryptography hides the meaning of a message. Back to 5th century BC Lysander of Sparta used a scytale for encryption. Back to 5th century BC The sender wraps the message around a rod of a fixed diameter. Example: “Help me I am under attack.” H E L P M E I A M U N D E R A T T A C K HENTEIDTLAEAPMRCMUAK ● To decrypt, just wrap strip around a rod of the same diameter.
    [Show full text]
  • Jennifer Forester, Faculty Mentor
    Pics or It Didn’t Happen: Sexist Hyperskepticism in the Modern Skeptical Movement Author: Jennifer Forester, Faculty Mentor: Clark Pomerleau, Ph.D., Department of English, College of Arts and Sciences Department and College Affiliation: Department of English, College of Arts and Sciences Pics or It Didn’t Happen 2 Bio: Jennifer Forester graduated summa cum laude from the University of North Texas with a bachelor’s degree in English with a specialization in writing and rhetoric. Jennifer was a member of the Honors College. She presented her research at University Scholars Day in April 19, 2013. She is proud of her service in the United States Marine Corps where she was a Corporal (Bandsman, Armorer) in Cherry Point, North Carolina. She is a mother of two brilliant, if often unruly, children. Her current plan is to find gainful employment, but promises that she will eventually return to college and obtain her doctorate in rhetoric with a particular focus on the ways that rhetorical studies can be applied to social justice. Pics or It Didn’t Happen 3 Abstract: In the skeptical community, there is an ongoing conflict over what—if any—actions are necessary to make the movement more welcoming to the growing numbers of women in its ranks. This conflict has brought a great deal of antifeminist sentiment to the surface, to include rape and death threats against prominent women who speak affirmatively on feminist issues within organized skepticism. The origins of this problem can be found in the grounding of skeptical dialogue on the superiority of a traditionally masculinized ideal of science and reason, which excludes the feminized personal narratives that serve as evidence for mistreatment of women within the community.
    [Show full text]
  • Year 11 – Post Easter Reading / Research
    Year 11 – post Easter reading / research A particular well done to those of you who have been maintaining a study structure at home with the help of your teachers. It is vital that you do not allow there to be a 6 months’ gap in your learning and academic studies – resuming these in September after such a long gap will be very difficult otherwise. In due course, the post-16 institutions you have applied to will offer information on transition and induction; if you have any questions about specific courses, they should be able to answer them. For obvious reasons, most teachers will now stop setting specific revision-related tasks, although there may be a few subjects (like Citizenship) that will require you to finish the course. Instead, we have compiled a list of subject-related reading and research intended to help bridge the gap to your post-16 courses (note that these are general suggestions, so please don’t go out spending lots of money on them!). This could be a golden time for you to acquire a range of background knowledge and information that ordinarily you might not have time for – see this highly unusual period as an opportunity! If you felt you wanted to go further and write up some of your findings, the table on the last page offers some advice on the process and possible formats. Remember, you are still a TK student, so do ask relevant teachers if you need any further advice. Best of luck! Mr Patrick Subject Suggested reading / research Art 'Art in Theory 1900-2000: An Anthology of Changing Ideas', Charles Harrison and Paul
    [Show full text]
  • 'Alternative' Medicines 20 August 2014
    Experts denounce clinical trials of unscientific, 'alternative' medicines 20 August 2014 Experts writing in the Cell Press journal Trends in science-based medicine rather than evidence-based Molecular Medicine on August 20th call for an end medicine. Biologically plausible treatments should to clinical trials of "highly implausible treatments" advance to randomized clinical trials only when such as homeopathy and reiki. Over the last two there is sufficient preclinical evidence to justify the decades, such complementary and alternative effort, time, and expense, as well as the use of medicine (CAM) treatments have been embraced human subjects. in medical academia despite budget constraints and the fact that they rest on dubious science, they "Somehow this idea has sprung up that to be a say. 'holistic' doctor you have to embrace pseudoscience like homeopathy, reiki, traditional The writers, David Gorski of Wayne State Chinese medicine, and the like, but that's a false University School of Medicine and Steven Novella dichotomy," Gorski said. "If the medical system is of Yale University, argue that, in these cases, the currently too impersonal and patients are rushed medical establishment is essentially testing through office visits because a doctor has to see whether magic works. Gorski and Novella are both more and more patients to cover his salary and editors for Science-Based Medicine, an expenses, then the answer is to find a way to fix organization and blog dedicated to exploring the those problems, not to embrace quackery. complicated relationship between science and 'Integrating' pseudoscience with science-based medicine. medicine isn't going to make science-based medicine better.
    [Show full text]
  • Court Closes Tobinick Suit Against Dr. Steven Novella
    Case 9:14-cv-80781-RLR Document 288 Entered on FLSD Docket 10/02/2015 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 9:14-CV-80781 ROSENBERG/BRANNON EDWARD LEWIS TOBINICK, M.D., et al, Plaintiffs, v. STEVEN NOVELLA, M.D., Defendant. / ORDER GRANTING DEFENDANT DR. STEVEN NOVELLA M.D.’S MOTION FOR SUMMARY JUDGMENT THIS CAUSE comes before the Court on Defendant Dr. Steven Novella M.D.’s Renewed Motion for Summary Judgment [DE 251]. The Court has reviewed the motion, the response [DE 272], the reply [DE 277], and the attached exhibits. The Court has also reviewed the record and is otherwise fully advised in the premises. For the reasons set forth below, the Motion [DE 251] is GRANTED. The speech at issue is not actionable under the Lanham Act because it is not commercial speech, and Plaintiffs’ unfair competition claims fail as well because they rely on a similar theory of liability. I. BACKGROUND Plaintiffs’ Amended Complaint, filed on August 1, 2014, brought five counts against four defendants. See DE 55. Many claims and defendants have been disposed of earlier in this litigation. The only remaining claims are: Count I for violation of the Lanham Act, 15 U.S.C. § 1 Case 9:14-cv-80781-RLR Document 288 Entered on FLSD Docket 10/02/2015 Page 2 of 10 1125(a), and Count II for unfair competition.1 The only remaining Defendant is Dr. Steven Novella, M.D.2 Counts I and II of the Amended Complaint are based on two articles written by Defendant Novella and published online at sciencebasedmedicine.org.
    [Show full text]