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Science

Profit vs. Science 70

graxrmelg writes: " The Washington Post reports that Science magazine has made a special agreement with Celera Genomics to allow publication of an article about its research without the requirement that the raw data be made publicly available (through an NIH database), as is done with all other articles. (Celera's patent-happiness has been discussed earlier on Slashdot.) Science has put out a statement on the matter."
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Profit vs. Science

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  • Well, since I'm the first, lets speak out the obvious:

    I think that it is shame that a magazine of the scientific standing like Science and Nature take a stand in such debated terrain as patents on genomes.

    As authorothies in science-land they should at least keep up the *appearance* of impartiality.
  • by enterfornone ( 7400 ) <anonymouscoward@enterfornone.com> on Saturday December 09, 2000 @01:48AM (#570780) Homepage Journal
    While I'm a big fan of free software and Open Source, in the grand scheme of things it probably isn't going to change the world.

    It's in science that we really need the sort of freedom that RMS advocates. Imagine how much closer we would be to a cure for cancer or AIDS if researchers were forced to co-operate rather than hide discoveries from each other in order to protect the massive profits the drug company that comes up with such acure would no doubt make.
  • by Kryptonomic ( 161792 ) on Saturday December 09, 2000 @01:50AM (#570781) Homepage
    As a professional scientist I find this extremely dangerous.

    All natural sciences rely on the fair peer review process and the repeatability of the experiments. This is the credo, the consitution, of the scientific community. If data is allowed to be held back or the referees in future will have to comply with "you don't need to know that because it's a trade secret" kind of crap from companies, it's the science as whole that will suffer.

  • Peer review is an essential part of all science researches. Period.

    If Celera is not providing the whole pictures how do the readers/other researchers know the values of their works? Their "publications" could be misleading either by accidents or intentional bias in their raw data. Without full peer reviews, there is no way to tell. This is completely against the spirit of science.

    Science mag needs to be careful that Celera is not just publishing FUD to enhance their stock values. On the other hand, maybe, just maybe, some of the information they are going to publish could be usefull for some other real scientists.

    This is what happens when science is being treated like the plague by many, especially the sport-crazied Americans (sorry guys). Be the sport guy/gal not the science nerd. More fundings are needed for science in schools and universities, where the open exchange of ideas is the main goal, not making money.

    ====

  • According to the statement, the raw data is available and can be viewed in full by researchers. However there are restrictions on what you can do with the data. So you can view the data to verify their research, but you can't use it as a basis of your own research.
  • by jpl ( 58317 ) on Saturday December 09, 2000 @02:19AM (#570784)
    It states that the database WILL be made available to the general public. There will be the restriction that commercial access needs to sign a MTA, but the general public (not for profit) can search, download, etc, the database.

    Wow, talk about a completely misleading article header slashdot!
  • by pilot ( 15439 ) on Saturday December 09, 2000 @02:24AM (#570785)

    Please read the article before posting. Comments on /. (and article descriptions) are quickly approaching the level of zdnet articles

    The sequence (raw data) can be downloaded. Researchers are free to use the data, and publish papers based on the raw data. Commercial users must license the data for commercial use.

    Yes, it would be good if the data were in the public domain. However, it is available to researchers, and nature has agreed to keep a copy of the data in escrow because of the particular situation

    Before you decide to start typing up an uber-comment which is factless and basically a first post in disguise, please read the article.

    pilot

  • by Anonymous Coward
    If individuals can grab a megabase at a time, how long before the whole thing shows up on FreeNet? Dead Sea scrolls, anyone?
  • by Anonymous Coward
    Ok.. from the replies i have read so far i will probably get flamed for this :)

    BUT.... One should also look at the following: Right now genomic research is something VERY expensive. This has several implications.

    1. Public funding for research is limited. In order to increase the amount of research done it is necessary to give companies an incentive to do research on their own. This incentive is given in the form of patents. I might even agree that patents on treatments for major diseases are bad since they make these treatments much more expensive. On the other hand the runtime of these patents is very limited and without patents companies would have a much smaller incentive to decipher genomic data. So basically patents will lead to a much larger amount of research funding yielding more results that at some point become public property (when the patents run out).
    2. If you think that researchers in public institutions always share information and fully cooperate i think you are a bit away from reality. Look for example about the 'competetion' around who first found the AIDS Virus between Gallo and the Pasteur institute in Paris. The stakes are high in the scientific community as well.
    3. Celera has agreed to give full access to the sequence data to scientific users. What they dont want is commercial use of their data by third parties. It cost the company hundreds of millions of dollars to generate this data and they are selling acces to it to people that want to use this data for commercial purposes. Still the fact that they allow scientific access to the sequence data is very valuable for the scientific community.
    4. The public effort to sequencing the Human Genome has been working on the sequence with a different method for a long time. Their approach was a LOT more expensive than Celera's. Without the competition from Celera they would have continued to basically waste tax money on their own inefficient approach. Competition like this is important!
  • So what you're basically saying is that everything would be much better in the world of science if everyone was forced to work without recognition or reward? That noone can claim any sort of ownership over their own work, or seek any reward from it?

    In the real world, research doesn't suddenly discover something. Generally something is noticed and then it takes months to years to develop it into something that can be published. Allowing other people to leap in and take over before you've achieved something is tantamount to the loss of that work.

    In the genomics field, things are progressing at such a rapid pace that the publishing of original work can't wait until all the commercial possibilities have been thrashed out, so they come up with a workable compromise, even guaranteeing access to the data if Celera go back on their obligation.

    It's all very well to spout about big companies and profits, but I wager that you'd be the first person to scream if your government raised taxes by 10 percent to fund research. So if you're not going to pay for something, why criticize organizations who will.

    What advocates of that raving lunatic RMS don't seem to grasp is that the majority of people are motivated to some extent by self-interest and that one is unlikely to achieve much by removing elements of self-interest. I wait with interest to see if these deluded people will eventually work it out on their own.

  • Okay the data is publicly available (with some restrictions) for peer review and further research. So Science (the mag) is not a (complete?) sold-out.

    However I stand by my point that more money are needed for science in schools and universities. Where, hopefully, the free (beer and freedom) and open exchanges of idea are real and with no string attached in anyway.

    BTW, I am sorry for the rush comment. (But hey this is slashdot ;-)

    ====

  • I agree on the impartiality part.

    However I distinctly subscribing to Nature years and years ago ..and due to a spelling mistake they made in my name I was able to trace the selling of my "details" to a whole stuff load of people - this was ahead of the Net boom (and hence privacy protection wasn't as high a priority as it is now)- let me just say that, at least for Nature they appear not to let too many things stand in the way of a quick buck.

    --
    • While I'm a big fan of free software and Open Source, in the grand scheme of things it probably isn't going to change the world.

    Whoops. It already has changed the world.

  • Please don't try to post the whole sequence to Slashdot...
  • So you can view the data to verify their research, but you can't use it as a basis of your own research.

    this kinda defeats the purpose of publishing the information. you publish to get the information to others so they can _build_ on it. this is really sad.

    use LaTeX? want an online reference manager that
  • the general public (not for profit) can search, download, etc, the database

    Correct but misleading. Public access and search are allowed for academic users, but downloads are limited to one megabase.

  • Researchers are free to use the data, and publish papers based on the raw data

    More precisely, researchers have unlimited search access but are only allowed to download one million base pairs of data.

  • To further explain the checking of data thing to some degree.

    If the data can't be checked by an independent researcher then it's not science.

    Noone can tell if they've actually done this research or not, unless the data is available and able to be checked. The techies around here have a name for this kind of thing in engineering - vapourware. A product is vapourware until you can buy one and have it delivered. A acientific theory/result is vapourware until it has been checked.

    There was a related problem in maths around 1990 about a purported proof of Fermat's last theorem. After the proof was released, it was found to be flawed, but the original author of the proof denied the flaw, and carried on publishing related articles and giving lectures on his proof. This all kind of went away when Wiles published a correct proof a few years later, but I don't know if this guy has ever retracted his proof.
  • An article that contains nothing but results with the disclaimer "if you want the data, you can buy it" is nothing more than an advertisement for the company selling the data

    Firstly, as several other posters have pointed out, this isn't the case. If you want to make commercial use of the data Celera have invested vast sums of money in, you can pay them. For research, it's all available. You're even granted permission to make your own publications, to which Celera have no rights.

    But then, this is a magazine article. If this was a legitimate scientific journal, how exactly could the peer review process occur when the data is kept secret?

    I don't suppose you've ever heard of the term Impact Factor. It's a measure of how widely read and influential a journal is. Science is as legitmate as any other Journal, it conducts reviews of articles and has an impact factor, from my latest available numbers of just over 24. Nature has about 28. A typical specialist journal such as Applied Optics is lucky if it has a factor much over 1.

    What this means is that you can't deride this as the work of some glossy magazine, nor as another result of a global conspiracy by megacorporations. This is decision by one of the most influential journals to develop new ways of dealing with intellectual property so that the results of research can be published and knowledge advanced.

  • This data just consists of a long string of quaternary digits (is this the right term for base four?). It doesn't actually mean anything by itself, except we know that the end result of this string being processed by an egg cell is a human.

    What will be more important is the decoding of this DNA, to work out exactly which bit does what and how all the digits interact. At the moment it's looking a bit like trying to learn to code from a binary dump of a kernel, or to speak egyptian from the heiroglyphics in the great pyramid. What wil be important and must not be patented/trade secreted is the results and methods of decoding DNA, which is going to require some serious mathematical and computer effort, hopefully leading to new insights into information theory. (can you imagine how compressed all the information involved in the formation of a human body is to fit into only 3 billion or so bases?)

    The real problem involved in keeping this data secret is if the methods by which they got it are also secret, which means that other people can't reproduce the data.

  • So what you're basically saying is that everything would be much better in the world of science if everyone was forced to work without recognition or reward? That noone can claim any sort of ownership over their own work, or seek any reward from it.

    You are mixing recognition and financial reward which are two very different things. People don't in general go into science for the money. Scientists need recognition for their acheivments, but large financial rewards (which don't normally go to the person who made the discovery anyway) don't necessarily go in hand with that. "Science is like sex. Sometimes something useful comes out of it, but that isn't the reason we do it".

    My impression is that the problem comes from commercial organisations' funding of research. If a drug company is funding research then it respects some financial return on it. The scientists involved rarely get any of the money (witness the guy who designed viagra who has made an absolute fortune for his company, but whose salary apparently hasn't changed at all). In addition this attitude has probably filtered down into the scientists a little from the top. I have heard the head of one lab (biotech stuff related) saying "The problem is that you get advances when all the top people in the field sit around and bash some ideas out between themselves. We're not getting that properly any more because everyone's worried they might give away some big idea that could have made millions".

    What advocates of that raving lunatic RMS don't seem to grasp is that the majority of people are motivated to some extent by self-interest and that one is unlikely to achieve much by removing elements of self-interest. I wait with interest to see if these deluded people will eventually work it out on their own.

    RMS talks about software which has a fairly low capital cost, and so eople can be motivated by recognition and a love of what they are doing - his arguments are actually pretty reasonable there. For science his arguments wouldn't work so well since, while the motivation is there, you need a lot of money and that tends to come with strings attatched. Maybe for science the current situation is a good as it can get, maybe it isn't, but to dismiss RMS by applying his arguments to soemething he never attempted to apply them to in the first place, and then show how they are wrong isn't a very honest argument.

  • by seaneddy ( 121477 ) on Saturday December 09, 2000 @05:06AM (#570800) Homepage
    Oi. You folks saying "read the agreement", you should, uh, read the agreement.

    It's not giving free access to academics, not in the open source meaning of "free" anyway.

    If you want less than 1 Mb (that is, less than 0.03%) of the data, you agree to a clickwrap license on the Celera web site.

    If you want all the data (about 3000 Mb), you and your institution cosign a formal license with Celera.

    What does this license say, you may wonder? Well, so do we. Turns out, the details are still being worked out. But the gist is this: you can use the data for anything you want, so long as it is for noncommercial purposes. You can publish your results freely, with no reachthru rights being asserted by Celera. And you agree not to redistribute the data.

    Oops. Look at that again. Ever see a scientific paper where you a) published your results and b) didn't "redistribute" (i.e show!) the primary data? Can someone define the bounds between publication and redistribution? I can't. Neither can Science, as of yesterday.

    Science and Celera has not yet defined the bounds between trivial redistributions that Celera doesn't sue you for ("Figure 1 shows a BLAST alignment to my gene in the Celera database"), and real redistributions that they do ("Table 1 in the Web Supplement gives the positions of every DNA hexamer in the Celera database. Please don't use it to reconstruct the original data.") But I'll bet you that pretty much every large scale bioinformatics/computational biology analysis of the Celera data would be counted as a "redistribution"... potentially blocking the main use of the genome, which is for large-scale genomic analysis. And if the bounds aren't defined by the agreement, the bounds will be defined on a case-by-case basis by negotiation with Celera lawyers. Yes, I'm looking forward to that, I'll definitely get a lot of human genome research done.

    It's a horrible precedent. Part of the reason for the success of bioinformatics has been the public availability of the international DNA databases. Science and Celera now threaten to set a precedent that could change that.

    ob. disclaimer: I'm a coauthor on the competing Human Genome Project paper, and also a Celera stockholder. I'm conflicted both ways. I'm either going to be able to do human genome research freely, or I'll be rich. And I'd rather do research.

  • Why don't YOU read the article:

    although much of the data will be freely available and researchers can even seek patents on what they find there, there will be limits on the amount of genetic data that can be downloaded by individual researchers and requirements that researchers under some circumstances sign agreements that limit their ability to redistribute or commercialize the data.

    There are restrictions on how much you download, what you can do with it, and to whom you can give your results. THAT is not acceptable. People can't just "download the database" as you said.

    How come moderators mark people up every time they say "go read the article!"? This guy himself aparently missed the article.

    MyopicProwls

  • Here's why Open Source works: it's easy to learn to program, if you can't program you can still debug, and almost everyone above the poverty line can afford a computer. You can start a project in your spare eand still have enough time left over for work. Hell, Linus works for Transmeta, has a kid, and STILL does Linux. Furthermore, Open Source companies can make money, in a variety of ways. You can make money off of support, like O'Reilly, you can sell your unique product for a modest fee, like Red Hat, or you can sell your product for a while, then open source it when it's no longer commercially viable, like ID Software.

    Here's why "open source AIDS research" won't work: it's not easy to learn how to to cure diseases, "debugging" requires that you already have AIDS and you're willing to sacrifice your last two or three years to help others find a cure, and biotech equipment is incredibly expensive. If you're going to do this kind of work, it's really a full time job. Even if you already have the schooling, each project is so different (curing AIDS vs. curing cancer) that it will still take you a while to get good at what you're working on. Finally, there's no way to make a profit off of open sourced medicine. You can't sell "support," your product isn't unique (because all your collaborators will be making exactly the same thing, they won't be customizing distros or any nonsense like that), and if your product ever loses commercial viability, it'll probably be after your 17 year patent expires.

    Open Source is nice, but it can't be applied to anything. The fields in which Open Source will work will probably discover it on their own.

  • by dwm ( 151474 ) on Saturday December 09, 2000 @05:26AM (#570803)
    (no, not Science's arrangement with Celera, the Slashdot article)

    ...Science magazine has made a special agreement with Celera Genomics to allow publication of an article about its research without the requirement that the raw data be made publicly available (through an NIH database), as is done with all other articles.

    As was clear from the Science statement,

    1. The "requirement that the raw data be made publicly available" was met.
    2. That the data be made available "through an NIH database" is NOT a requirement, but rather a past custom. (Placing this part in parentheses to insulate against charges of distortion was an interesting touch).

    Science clearly felt that it was more beneficial to the research community to have the information available to advance work in the field than to adhere to some artificial standard of economic "purity".

    This Slashdot article is at best woefully inaccurate and at worst yellow journalism; it's hard to escape the suspicion that these kind of articles are purposefully intended to stimulate high volumes of indignant postings, thus boosting site ad revenue.

    Wouldn't it be ironic if the motivation behind this article is the same old-fashioned capitalistic drive for which Celera is so roundly criticized?


  • Academic users may access it, do searches, download segments up to one
    megabase (...)
    Up to one what? And these people are scientists...
  • by seaneddy ( 121477 ) on Saturday December 09, 2000 @05:49AM (#570805) Homepage
    What you deride as a "past custom" is in fact the community standard for DNA sequences in published papers.

    To publish a paper and not deposit your DNA data in Genbank, EMBL, or DDBJ is literally unethical; it is not consistent with accepted professional standards of behavior.

    Apologists for this deal argue that little concerns like "ethics" should be subservient to bigger concerns like "expediency". Where have I heard that argument before throughout history?

    Yes, this is all going to make a great example for that required course we teach in research ethics. We'll be able to shorten the course a lot now. The lesson, kids, is that if you're big enough, the rules don't apply to you. Science is no different than real life. Anyone surprised?

  • "Informative"? This guy was so quick to post for karma that he apparently didn't bother to read Science's policy [sciencemag.org]. :-)

    The information will be freely available if you don't want to commercialize it.

    Of course, they do have that 1MB-limit problem...
    --
    Patrick Doyle
  • by the eric conspiracy ( 20178 ) on Saturday December 09, 2000 @06:06AM (#570807)
    And these people are scientists...

    And obviously you are not. DNA sequence lengths are measured in base pair. A megabase is a segment that is 10^6 base pairs in length.
  • by the eric conspiracy ( 20178 ) on Saturday December 09, 2000 @06:21AM (#570808)
    This tension between academic and commercial R&D is not new; any scientist doing work for a corporation is going to run into the issue that his work is owned be an organization with a profit motive, and that he does not have the right to freely publish his work.

    Even the concept of free publication by academics is disapearing - universities now want to review all publications for potential patentability - some schools now garner very considerable income from licensing ideas developed as part of academic research.

    Patents were developed to encourage publishing - they allow disclosure and at the same time protect the commercial rights of the publisher. However patents are not scientific literature.

    What Science is doing is very interesting - they are recognizing that the value of publication of some works outweighs the issues of mere procedural restrictions on the location of a database. How this will work out is very interesting, not only because of its impact on this particular field, but also for the whole corporate-academic dynamic.
  • If you read the article, I'm finding that Science acted pretty well on that manner. The sequences are available. If you need to download more than 1 megabase at the same time, you're doing some uncommon research there.

    The limits put there are a bit unfortunate, but still reasonable. You can still search, you can verify all the data that came from their papers, you can replicate the experiments. You might have problems designing new experiments from it if you need a very large sequence (which would be unusual in most cases), but then you can try to get an agreement with them.

    And what Science did a good thing, because Celera didn't have it available before, and they can check the integrity of the database if there is any doubt about that. It's probably one of the best compromise available for everyone in that situation, IMHO.
  • by Deanasc ( 201050 ) on Saturday December 09, 2000 @06:31AM (#570810) Homepage Journal
    Publishing a summary without the underlying data is nothing more than a free commercial for Celera.

    Celera owes it's data to the world as they only finished a process that was started by public research funding.

    These big companies would all be nowhere if the public sector protected it's research to the degree that the private companies do.

    I don't know the specifics of who runs Celera but I'm suspicious that many of their top scientists did research in the public sector for years and then went private when they got close to a breakthrough.

    There's too much of a mix of public research and private patents these days.

  • Derision of the practice was not my intent. And you may very well be much more knowledgeable about research community expectations than I. But to attack this publication deal as "unethical", I think, may be missing the important distinction between publically-funded research and privately-funded research.

    After all, what makes failure to publish data in Genbank et al unethical? Isn't it the fact that the work was supported by public funds -- and thus it is only right that the data be publically available for unrestricted use? This is, of course, the right thing to do.

    But should the same expectation apply to work supported by private funds -- in other words, by people who invest their money expecting some sort of return? How can that return be generated if there is no possibility of gaining profit from the work?

    It seems to me that to call the Science deal "unethical" is equivalent to saying that there is no place for profit-oriented private investment in this field of research. Is that your position?

  • Hmmmm....since the entire human genome is around 3 billion bp, you'd have to grab 3,000 megabase chunks. That's certainly doable, but would take some coordinating to organize who grabbed what, and how to finally composite the whole thing. And with that kind of planned work, Celera would have excellent grounds for a lawsuit.
  • You're confused, I think, about what it means to publish a scientific paper.

    Nobody's bothered terribly about whether research is privately or publicly funded. (Hell, my research is funded by everything from your taxpayer money, to Howard Hughes' will, to Sun Microsystems.. and even, gasp, by Celera itself!)

    The point is that publishing a scientific paper entails certain ethical responsibilities, among which is the free and open disclosure of your data to other scientists, so they can effectively build on your work. The community standard for *both* privately and publicly funded DNA sequence data is that *when it is published*, it goes to Genbank, EMBL, or DDBJ.

    Companies that feel that disclosure will negatively impact their business model should not submit papers on their work, that's all. They should not seek the rewards of publication without meeting their responsibilities to the community of scientists that read their paper. Otherwise, their paper is an advertisement, not something that moves the field ahead. Other genomics companies seem to have no problem with this -- Incyte and HGSI, for example, don't try to muddy the waters by submitting papers on their proprietary genome databases.

    Lots of the apologists for Celera say "shouldn't they be allowed to make money?" Sure they should. More power to them, my stock will go up, I'll be happy. But they can't have their cake and eat it too -- they shouldn't be able to get away with writing scientific papers about a proprietary database. It's not ethical.

  • 1MB is plenty for most research needs, each nucleotide (nt) triplet encodes one amino acid, so you can get the equivilent of a 333,333aa protein out of this (assuming that all of the nt's are encoding and that there is only one isoform of the protein). The highly repetivative bits of the genome won't be represented due to the difficulty of fitting these peices of sequenced data in with the rest (a particular problem with Celera's method), and if you have a splice site in the middle of the gene and pushes off the bit's your interested in then you could always, do more than one download. It has to be said though, that for genomics work it's a PIA, but they have thrown a huge amount of cash at the problem, and if you don't want to look at their data, use the HGP instead.

    The ability to search the data is much more important than being able to download all of it anyhow.
  • I certainly agree with your feelings as to what *ought* to be done, but really is what Celera has done much different from what has been going on in the tool side of bioinformatics? Yes, *you* have been very good about releasing HMMer's code and so forth, but for example, Kulp has published four or five papers about his "Genie" program, which is a proprietory product of Neomorphic.
    • It's all very well to spout about big companies and profits, but I wager that you'd be the first person to scream if your government raised taxes by 10 percent to fund research.

    10% would be too much, but I would be happy to see a 1% increase in every tax I pay if I knew that the 1% would would be applied strictly to basic non-profit, non-secret, non-proprietary science

    • What advocates of that raving lunatic RMS don't seem to grasp is that the majority of people are motivated to some extent by self-interest and that one is unlikely to achieve much by removing elements of self-interest. I wait with interest to see if these deluded people will eventually work it out on their own.

    I won't defend RMS, here, because he is a fanatic ("raving lunatic" is, perhaps, unjustified). But what many people don't seem to understand about science is that science truely does thrive only in an open intelectual environment. Suppose you publish the results of your experiments but keep your data and analysis secret. How can we check to make sure your experiment is repeatable? Even if the experient is repeatable, how can we criticize the conclusions you've drawn?

    When you claim to have interesting knowledge but refuse to release the knowledge or refuse to release the basis of the knowledge, you've reduced potential science to mere advertising. I'm not saying its evil, but I am saying it's not science. When you call it science, you are lying to yourself and to the public.

    What Celera is doing is not science. I hope "Science" magazine is satisfied with whatever compensation it is to recieve for this advertising it is doing for Celera; I'm certainly not happy with it.

    Adrian

  • Great point... one that I'm concerned about a lot.

    Bioinformaticians have to realize that our air supply is a freely available international sequence database. When it comes time to fight for our air supply, like now, it won't help if we're viewed as a pack of hypocrites. Published bioinformatics software has got to be made open source. As you point out, it's not much different from asking genome sequencers to deposit in Genbank.

    Neither the journals not the community have established a standard of behavior for us yet, so it a less clearcut question than DNA sequence deposition right now. It will take more time and work to get the journals on board with respect to software access.

  • The whole concept of Intellectual Property "rights" being held on a database of the Human Genome very much disturbs me. Last I checked, it was supposed to be impossible to obtain copyright or a patent on something that is *fact*, correct? Now, last I checked, the Human Genome was a *fact*. Celera didn't invent the Human Genome, *God* did. If there are any intellectual property rights to be upheld, they belong to God. At the very least claiming ownership of it is heretical.

    I fully acknowledge that there was a significant amount of work required to actually sequence this fact, and there should be commercial reward. But it seems that there exists no system as of now to do this. What options are there that don't assert ownership of the facts of the Genome?

    This country is simply property-happy, especially when something isn't ownable in the first place.
  • This argument is deeply and seriously flawed. Your analogy to "open source AIDS research" deserve to be debunked quickly.

    You claim:

    • "debugging" requires that you already have AIDS and you're willing to sacrifice your last two or three years to help others find a cure,

    This statement is unsupportable. Even a charitable interpretation of the statement presupposes that only those who are intimately involved in collecting data can conduct research, and only gross ignorance could lead one to believe that this is true.

    You say:

    • biotech equipment is incredibly expensive.

    I can only suppose that the irony of this statement escapes you. Let me spell it out for you. Industry decides that it must keep its research secret, so that it can profit from said research. It put the fruits of that research into designing research equipment, and when it patents all this knowledge and equipment it can use its legal monopoly on them to set any price it wants. Of course knowledge and equipment are both often prerequisites for research, and since the entities that owned this initial knowledge and equipment were free to charge whatever they wanted for them, the cost of the research is very high, so naturally when the research is completed and bears its own fruit of knowledge and equipment, industry has a good excuse for setting the price on this new fruit very very high, since they have to recoup the cost of this new research. Imagine how expensive the next generation of research will be.

    You say:

    • If you're going to do this kind of work, it's really a full time job.

    History is rife with cases where people from disciplines thought to be unrelated to the research in question stumbled across published research and contributed insights that were obvious to anyone in these unrelated disciplines. Your statement presupposes that only laborious and time consuming contributions to science are valuable.

    You say:

    • The fields in which Open Source will work will probably discover it on their own.

    This statement is perhaps the only source of genuine insight in your entire diatribe. What you may have missed is that science has already discovered that an open model works best. Secrecy might be good for profit and it might be good for national security, but its never good for science.

    Adrian

  • I agree with the above comment in regards to the purpose of the full genome - to do full genomic analysis. This is obviously impossible if a researcher only has access to 1Mb at a time. I'm a firm believer that science is a quest for knowledge, and that anybody who has the desire to go on that quest can. In this arrangement, the only institutions that can go after the quest of analyzing the full genome sequenced by Celera are the ones that will be able to pay for it. This is a total breech to the spirit of research. If I read in a paper that someone used a vector (plasmid DNA) of some sort, I have the right to request that plasmid from the author, and they have the obligation to provide it to me (although this doesn't always happen).

    While Science says that they are providing raw data (in accordance with normal publication procedure), the restriction that you can only get 1Mb of it at a time kinda ruins it for everyone. It's like going to the library and checking out War and Peace one page at a time. With the librarian looking over your shoulder! This WILL hinder the use of this data for bioinformatics research, as stated above.

    On a side note, I thought that, while Celera had sequenced the whole genome, they are far from putting it together. Is this evident from the data that will be available for peer review? Will there be peer review on the reconstruction of full contigs of the sequence? Not if they can't see it all. So that is not really good, either...

    I don't like the idea of patenting sequence. I have been watching the Open Source movement for about 2 years now in rapt awe, because I think that this IS exactly what is supposed to happen in science. In science, we merely discover or describe what is already out there but the Open Source movement is all about creating what definately wouldn't be there if people didn't do it. And yet we can't seem to perpetuate that idea in science, that everything is free for anyone to observe. While our economy probably depends on the profit garnered by such big companies like Celera (our stock market certainly depends on them) it is sad to see everything go forward in terms of profit. It takes money to make money, but it is definately the root of all evil.
  • From the article:
    And although much of the data will be freely available and researchers can even seek patents on what they find there, there will be limits on the amount of genetic data that can be downloaded by individual researchers and requirements that researchers under some circumstances sign agreements that limit their ability to redistribute or commercialize the data.

    That sounds a lot more restrictive than you make it out to be, worse in fact, it sounds intentionally vague to leave room for tightening restrictions. There are "limits," "requirements," under "some circumstances," which does not sound like any non-commercial use is legal. Maybe you should read the article.
  • Why has a social darwinist post been moderated as 'interesting'? That viewpoint has been, and can be, debunked as irrational, and only serves as an attempt to legitimate inaction in making the distribution of resources more fair. I dare anyone to rationally explain here how something determined by the oh-so-rational and scientific, the 'Invisible Hand', can possibly be said to be a fair way of determining who is and who isn't 'fit enough' on this planet. That is, that because 1/10 of the world's population has around 9/10 of the world's resources, the 10 percent who control such a portion of the world's resources are the only ones who deserve to have access to modern medicine,. And the unnervingly high percentage of people born in the poor areas of the earth arn't 'fit' enough. You can't demonstrate that with logic, as the logical extension of that is that there is a connection between where someone is born and how 'fit' they are. Perhaps there are über-nano rays that eminate from the earth and de-fit people in certain areas. Or aliens have come down. Though there are a number of reasons you could give for this being true, there are no reasons you can state that would hold up to any critical observation. Besides, you're posting as an AC, so you don't feel you can justify what you're saying, anyway.
  • Devil's advocate? I'm pretty sure that viewpoint was presented to point out the stupidity of making scientific information available only to the highest bidder, and the threat it poses to the integrity of the scientific community. I'm also pretty sure that's what the moderator saw in the post.
  • Reading that post, I'm becoming somewhat suspicious that you didn't read Science's statement about the terms of downloading data from Celera's research. Small quantities are completely unrestricted. Larger quantities simply require a credible signature stating that the data will not redistributed or used for commercial purposes. All the data is free for scientific use! If some company does want to use the data for commercial purposes, they need to sign a contract with the people who put up the cash to collect the data.

    An earlier poster already observed that this has some elements of the GPL's philosophy in it. You can have the data for free, as long as you don't make any money off of it.

    I agree that making scientific data available to only those who can pay for it would be complete bullshit, but that simply isn't what's going on here. There is something of a grey area in that drug companies, for example, will have to pay more do develop a drug based on this research than they would if it was completely public. However, some research would not have been done, or would not have been done as quickly, if not for the promise of some profit. There are potential problems, some serious, but they have to be balanced by the potential scientific gain. The specific weighting of risk vs. gain is a whole flame war in itself, so I'll stay the hell out of that.

  • So who out there is l33t enough to hack into science mag's escrow copy of the database and post it to usenet so we don't have to deal with this bullshit?
  • Traditionally, this is how science already works. The Free/Open Source software ideals are not original; they are rooted in the ideals of scientific research. In science, secrets are kept only to the point of publication, and at that point everything is disclosed for peer review. And, until recently, scientific discoveries could not be patented or claimed as "intellectual property" (a phrase that any scientist with integrity should consider to be an abomination). This is why science works. Any trend that puts commercial interests above the scientific method, and still claims to be scientific, is a threat to the legitimacy of science and should be rejected.

    Several other posts in this thread have stated that the methods used in writing Free Software won't work in science and that science will grind to a halt without private funding and the patents that go along with it. They should read some history. Einstein objected to monetary interests interfering with science so much that he once said that it is essentially unethical for a person to be employed as a scientist. He believed that scientists should have other professions and do research as a hobby (he then remarked that he would have liked to be a plumber).

    It is true that companies like Celera have to make a profit in order to stay in business. But it is not the job of the scientific comunity to help Celera make a profit any more than it is my job as a Free Software developer to help Microsoft make a profit. If Celera wants to participate in the scientific process, fine. If they can make a profit by doing so, that's also fine. The scientific comunity, however, should not compromise it's principles just to make sure the money Celera spent on research is realized in profits. To do so would compromise the legitimacy of any discoveries that Celera claims to have made and would damage the credibility of the scientific process in general. Celera should follow the same rules and traditions that other scientists do, and Science should be criticized for allowing them an exception (even though this is a relatively minor exception). Where would we be if Werner Heisenberg had demanded payment before revealing how he had formulated the uncertainty principle? Not posting to Slashdot, that's for sure.

  • I want to start by saying that I'm please that you made your reply rational and to the point. It shows some insight into a viewpoint that has not been expressed so well in other posts. Having said that, there are a couple of things I'd like to point out.

    First, most of my reply was as much to the notion that there was no useful parellel to the open source mentality in the business of science. to the extent that this first point is true, your point about "Science's" statement is not really relevant.

    My last paragraph, on the other hand, was aimed directly at Celera, and does not, therefore, enjoy any protection from the point expressed in the previous paragraph. This brings me to the second point.

    In your own reply to my reply, you say:

    • Small quantities are completely unrestricted. Larger quantities simply require a credible signature stating that the data will not redistributed or used for commercial purposes.

    While this is important to point out, there are a couple of potential problems that occur to me with making experimental data proprietary, even with this attempt at a restricted kind of openness.

    First, it means that if I try to do further science using the entire body of data, I will be bound by this agreement not to redistribute the very data that I use to form my conclusions. If I can't release the data I use for theoretical work, can I really claim that I'm engaging in science, myself? Any attempt at scientific work that is based on Celera's data is tainted in an important way.

    Second, corporations have a long history of using legal harrassment to suppress science and opinions that they don't like. How many times have we seen corporations send Cease and Desist letters for things that any reasonably intelligent person must know are perfectly legal and appropriate. While I don't like this silly notion that some people have that all lawyers are evil, there is a class of scum sucking bastards that happen to be lawyers who believe it is ethical to send unsupportable legal threats as a bluff in hopes that the target of these threats will back down without a fight. These bottom feeders deserve to be drawn and quartered, and if you are one of these sleasbags, you know who you are.

    Anyway, imagine that you saw a flaw in Celera's reasoning and published your own paper using Celera's own data to refute their conclusions and make them look silly. Suppose that Celera's investors have sunk a great deal of money into a product based on some bit of flawed "science" that they've attempted to do. What do you think are the chances that they will simply acknowledge the problem, and then take their marbles and go home? When news of such a problem for a drug company hits the stock market, what is the typical effect on the price of the company's stock? CEO's are generally under tremendous pressure to maximize the value of their stock, and that pressure often warps their sense of proportion. Personally, I can see the CEO of such a company convincing himself that they will find a way around the problem with a little more research, and that he needs, first, to maintain investor confidence or he will be cheated of the chance to solve the problem and give a good return on the investments that came in before the bad news broke. Such a CEO might think he has a duty to discourage you from spreading news of this temporary setback any further.

    Maybe you feel secure about being able to conduct your science with data from Celera, but what happens when Celera has second thoughts about continuing to make these data availible to the scientific community. Since you can't publish Celera's data in your research, you have no choice but to point your readers to Celera to get their own copies of the data that are the foundation of your research. But if Celera is embarassed and stops making these data availible to the scientist who are reading your paper, suddenly, you will find yourself trying to defend your own claims without being able to show any data to support them.

    What would you do if you received a Cease and Desist letter from Celera? What if you knew damn well that Celera had no legal legs to stand on, and that this effort on their part was simply legal harrasment? What would you do? Are you confident that you and a cheap lawyer could prevail fight off an army of expensive lawyers? Did you get in the science business to advance science and get a really good reputation, or did you get in the business to become notorious for legal battles and grandious claims about your scientific prowess, which you can't prove, BTW, because the corporate legal army secured a temporary injuction barring further distrubution of your "slanderous" paper before you even realized you needed to hire a lawyer?

    I fear that the confidence that some have expressed in Celera's reasonability is naive. I think those of you who think it's acceptable to make scientific data proprietary are not really paying close attention to history. Even if it turns out that we can trust Celera this particular time, I have the feeling we are on a slippery slope, and that ultimately this trend will have a positively chilling effect on science. It's great, I think, that scientific progress often leads to commercial and ecconomic developement, but if we let corporations own basic science, it seems obvious to me that basic science will suffer for it, and we will suffer along with it.

    Adrian

  • by Anonymous Coward
    They can, however, keep their findings to themeselves. I certainly agree that corporations should not be allowed to patent the human genome as if we were one of their inventions, but I can't see forcing a company to release any data it gathered on its own either. There's a difference between claiming infringement when somebody else uses that data and simply keeping the data that they found a secret. Unfortunately, Celera seems to be going in the direction of licensing intellectual property as opposed to merely restricting access to data that it has a right to choose to share or not to share.

    "I have a secret..." is different from "I invented/own the human genome," and it's important that corporations and Science remember that.
  • Just to nitpick:

    Nature's impact factor is 29.491. Please don't confuse it with those, ahem, "lesser" journals like the New England Journal of Medicine.

  • ..."we are going to patent the human genome, and sell the information relating to human life, because it is our right to protect our intellectual property"...

    So... You want the information for nothing? Or... Do you want nothing for information?
  • Yeah, I hate to say it, but the open source movement is nothing compared to this. Sure, Unix may have been variously developed under the auspices of academic control, but we're talking about the real deal here. I'd say 2-5% of the world's desktops run Linux or BSD, and 100% of the world's population incorporates almost identical complements of DNA. The biggest networked Unix distro isn't even open sourced!
  • What's really wierd is that this isn't even "discovery" or "invention" in any reasonable sense of those words. This is investigative reporting. I have no idea why anyone should be allowed to patent those things. Even copyright is really stretching the matter, since these aren't things that they have composed, but just things that they found lying around.

    Now doing something new with the processes. That might reasonably be patentable. But reporting on the order that they have found (i.e., observed)... the mind boggles.

    The entire patent system needs to be totally scrapped! It's not just software patents that have been turned on their heads. It seems to be everything! (Though I will admit, this isn't anything that I've seen happening in a software patent yet.)

    Caution: Now approaching the (technological) singularity.
  • Who are you replying to? I'm always astounded by the lack of rationale that goes into some ines of thinking. At no point did the argument even border on social selection. Merely stating that research is expensive and that people need to recoup costs is not racist or bigoted. The "expensive medicine" debate is fair, but hasn't been touchd on here. Coverall arguments are unintelligent and don't help anyone progress. Medical and biotech gear isn't going to get less expensive, because modst of it is based on open knowledge, like PCR. Can you find a cheap way to build a temperature-controlled centrifuge which is capable of balancing the current volume of genetic material used? Are you aware that that's in the picolitres? This isn't a text file, it's heavy, precise, industrial equipment. That's one of the most ubiquitous pieces of lab gear. There will in the future be a bunch of patent-based creations, like gene chips. Now, these will be based on patented genes, but don't have to be. It will mean you can take a dro pof blood and within minutes tell if you have any one of jundreds of genes. This is finally the kind of gear which will brig genetics to the world of mass production. Then, we will be talking about too-expensive solutions, but come back then. Right now, it's incredibly expensive and takes highly talented people. Not everyone wants to be a plumber, and Einstein was no biologist. I'd like to see him paying for most of that gear with a plumber's wage. Let's not forget, he mostly did math. That's a brain-and-paper deal - nowadays a computer one. Things have changed. While I could see the idea of corporations donating to individuals as an option, I'd like to see more than a few hundred people benefiting from this. So they'd form cooperatives to work on the stuff with government funding, and get jobs like say, teaching, ro make ends meet. Sounds alot like a university, doesn't it?
  • First, it means that if I try to do further science using the entire body of data, I will be bound by this agreement not to redistribute the very data that I use to form my conclusions. If I can't release the data I use for theoretical work, can I really claim that I'm engaging in science, myself? Any attempt at scientific work that is based on Celera's data is tainted in an important way.
    The thing is, I don't want to have to put Celera's data in my paper. It is much easier to refer the reader to a previously published article or online database of their sequence. And boy, once the Celera article is published, it's gospel. All I have to do is cite the previous work, as in; "...as published previously, in Celera, et. al. ..."

    Anyway, imagine that you saw a flaw in Celera's reasoning and published your own paper using Celera's own data to refute their conclusions and make them look silly. Suppose that Celera's investors have sunk a great deal of money into a product based on some bit of flawed "science" that they've attempted to do.
    ...what happens when Celera has second thoughts about continuing to make these data availible to the scientific community. Since you can't publish Celera's data in your research, you have no choice but to point your readers to Celera to get their own copies of the data that are the foundation of your research. But if Celera is embarassed and stops making these data availible to the scientist who are reading your paper...
    If I were to have found a flaw in their research, I am perfectly free to report that (provided it makes it past the review process). Once their paper is published, presenting their methods and results, there ain't no way in hell they'd be able to retract that (the data maybe, not the paper). I've read articles that have glaring basic errors, and let me tell you, I pity the author of that paper. Anytime I hear the authors' names now, all I can think of is, "duh." This is the same thing that would happen to any more research coming out of Celera; it would always be mistrusted.

    This is why Science is holding a copy of the data in escrow, to prevent just such an occurence. This is one thing I do trust, since Science has too good a reputation to let one company tell them how to run things. Even if that one company is one of only two major players in the field of human genome sequencing.
  • If you're not a professional scientist, your opinion does not necessarily bear the same weight, and it's not up to you whether the restrictions are 'reasonable'. I am seeing most scientists saying that the restrictions are not reasonable, that it is a damaging compromise and bad precedent. It's their scene- Slashdotters are not expected to understand the value of freedom of sharing scientific information. (yikes. When did _that_ happen?) Your opinion isn't relevant because it's not your problem.

    I side with the scientists but my opinion is not relevant either as I am not a scientist in this field either. I will take their word for it that 'Science' is way out of line here, their actions actively harmful.

  • OK- maybe this one needs to be equally moderated as insightful _and_ flamebait (I see one 'flamebait' but it's still at 2).

    Anger and this sort of strong language _are_ _justified_ here. The sort of inflexible capitalist ethic we're seeing is flatly incompatible with scientific growth and progress. There have been times when any scientific discovery was tightly owned and controlled. They called one of them 'The Dark Ages'.

    While the capitalistic ethic can sometimes be pretty harmless in relation to science, we're rapidly approaching a period in history when it IS NOT. A period where you are NOT ALLOWED to think (or your university will seize your ideas as IP) or invent (or someone will file a patent and block you from using your idea) or pursue scientific progress (how dare you suggest standing in the way of someone else's greater profit and valuation?)

    This can only lead to another Dark Ages. No doubt in the Dark Ages, people thought they were at the peak of human invention, the pinnacle of society. And so they stayed there- and stayed there- rotting. What we will see is a brightly-lit, electronic Dark Ages- and there we will stay until the worship of the capitalist ethic IN ALL THINGS is discarded, and science is allowed to be science again.

    What with universities ready to sue students for control of the intellectual property the students developed while at uni, I say we are already well into the new Dark Ages. This reality is on the one hand a totally logical extrapolation of Western capitalism- and on the other hand utterly unthinkable. But it's the reality- for now.

    I hope to God I live to see the end of this.

  • I suggest the following one word change- then you'll be talking sense.
    "This is decision by one of the most influential journals to develop new ways of dealing with intellectual property so that the results of research can be published and knowledge controlled."
  • but they have thrown a huge amount of cash at the problem, and if you don't want to look at their data, use the HGP instead

    Nobody begrudges Celera the right to place restrictions on their hard-won data. The beef that most people have is that Celera wants to have their cake and eat it too: they want the glory of publication without paying the price of full disclosure.

    I agree that Celera's data is "mostly free" but even that one inch of compromise represents the start of a slippery slope. In my (worthless) opinion journals should never have considered this work for publication.

  • by Anonymous Coward
    celera doesn't owe anyone jack shit. they've spent hundreds millions of dollars using a process that's been known for about a decade but nobody else had the balls or cash to use. or the computing power to piece it all together.

    the point to all this is that celera doesn't have to publish anything if they don't want to. but it's more useful to everyone if they publish a bit, and that academic researchers get to download parts (a megabase is actually a lot unless you want to analyze the genome as a whole) than if they don't publish anything at all. everyone forgets that part because they feel entitled to someone else's expensive work.
  • by Anonymous Coward
    they aren't patenting the genome, they're making a licensing agreement. remember, they don't have to show their results to ANYONE. the genome is a very non-obvious item. perhaps you'd be willing to tell us the full sequence? i thought not. that's why you can patent it. but.. patents on genes are actually quite invovled and require much more work than simply running it through a sequencing machine. for a gene patent to stick it has to have data on the purpose of the gene etc. etc. the sequence of the genome can't be patented. but celera certainly owns their database, just as netcurrents.com owns their database of usenet posts compiled and presented in a specific way.
  • That work may have been funded privately but it was based on research started with public money. Celera would be nowhere if the public sector hoarded their secrets to the degree the private sector does.

    If Celera want's to brag in a peer reviewed forum they should obey the public rules.

  • And researchers mostly cooperate. Strange as it may seem to this forum, patents actually facilitate that.

    Academic researchers are required to publish and get grants to keep their jobs. Publication makes whatever work they're doing know to people doing similar work. Patents allow them to publish their work without fear of some big company reading the article and throwing 100 flunkies at the project to go the last yard to a product.

    Commercial researchers (eg drug companies) are required to demonstrate safety and efficacy to the FDA before selling a medical product. Other researchers won't buy their research products unless those products have been proven effective and accurate. Either of these tests require publication in believable, peer-reviewed journals that insist on releasing methodology so that other people can reproduce the experiments.

    The business of science comes down to a choice between trade secrets, which prevent anyone outside the company from knowing anything about a process, and patents, which allow everyone to know what's going on and build upon that progress. Either method is aimed at protecting the investment _someone_ has made: one is cooperative, one is not.

  • Most importantly, though all the data upon which papers by Celera depend is to be made available. No researcher, no group has ever been required to make data available that they claim to have but have not analyzed or presented formally. God knows, I have a stock of raw data I haven't gotten around to yet. Please don't tell me you want that deposited in GenBank.
  • From the article:
    It is a longstanding tradition in science, and a requirement of major scientific journals, that researchers make their raw data available to other scientists when they publish...

    Mr_Dyqik wrote:
    If the data can't be checked by an independent researcher then it's not science. Noone can tell if they've actually done this research or not, unless the data is available and able to be checked.

    Both these statements seem to be either oversimplifications or to betray a lack of knowledge about how scientific publishing works. The article's statement is not true. For instance, I've published various papers in the field of experimental nuclear physics. We never, ever made our raw data publicly available for downloading, and this was never an issue with the journals. First off, a typical experiment generated about twenty 8-mm tapes worth of raw data. I'd like to see the internet connection that would make that practical to download. Furthermore, someone who hadn't been involved in the actual experiment probably wouldn't have been able to interpret the data correctly without a lot of help.

    Of course if someone wanted to work with the data, they could get in touch with us about forming a collaboration.

    It's simply not true that you can't check results without access to the raw data. Do you have access to Galileo's notebooks? No, but you can check whether what he did was correct.

    There is a fuzzy area in between completely raw data and well-cooked data. What you normally see in a published paper is the highly cooked stuff. Where to set the boundary between raw and cooked is a matter of opinion, and this would normally be handled by the peer-reviewing process.

  • Heh. Just hack together a perl script to automate the clickwrap & wget all 3000+ 1-MB pieces, then stitch them together. No cracking required. Although maybe they'd figure it out (especially if you did it in sequence from the same IP), maybe this needs a distributed.net type client.

    #include "disclaim.h"
    "All the best people in life seem to like LINUX." - Steve Wozniak
  • I agree that such 'patents' are reprehensable, and that the 'flamebait' label your post has recieved is undeserved. However, I disagree in regards to the rest of your rant -- the desire to make a profit is the only form of mass motivation that works. The profit-seeking whores are the people who do all the real creation and work in this country and elsewhere, and should be respected for what they are.

    Think about it for a moment -- right now you're sitting in front of a machine that wouldn't have been created but for profit-seeking whores, in a building that wouldn't have been built but for them, reading text off a monitor based on technologies which would not exist had someone not been greedy enough to want to steal someone else's market share by creating a better product.

    The profit-seeking whores (not the SOBs who gain their profit unfairly, as with IP, but those who create and are compensated for it) are the only good and valuable individuals in this world, and you'd best learn some respect for them. You'd be in a world of hurt were it run by sentimentalists such as yourself.

    I'd really like to debate with you one-on-one when I have more time. If you read this, mind emailing me? My address above is real.

  • Today I came across a newspaper article that was much more informative than the article Slashdot linked to. As shown by my previous post, I initially saw the whole thing as a nonissue, since the online article kept referring to "raw data," and it's simply not normal practice for scientists to make their raw data available to other people.

    The newspaper article, however, makes it clear that what's really happening is Celera is going to require a EULA that prohibits any commercial use whatsoever. This is bad. Very very bad.

    In the past, it was assumed that you could either keep your scientific data to yourself, or you could publish some or all of it, and there was no third option. If you wanted prestige (and tenure) and wanted to contribute to society, you published. If you didn't publish, you got none of the benefits. If Celera is publishing their cooked data but subjecting their raw data to a EULA, that blurs the line between what is science and what isn't. EULA'd information is arguably even less free than secret information. At least if I obtain secret information about my neighbor's marital problems, he can't sue me for a license violation! If this goes on, pretty soon scientists will need lawyers to tell them which parts of the scientific literature they can use without legal problems.

    No no no no no !!!!

  • Most that can afford it, inherited it from their parents.

    Nothing Darwin about that.

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