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Medicine The Almighty Buck The Courts

USC Vs. UC San Diego In Fight Over Alzheimer's Research 120

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

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  • by Wrath0fb0b ( 302444 ) on Wednesday August 05, 2015 @02:01PM (#50257467)

    All that clinical data better be on tape somewhere amirite?

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

    • Unfortunately UCSD doesn't have a football team. So they'll have to pick a different event, like a mathletetics competition or something.
      • The football team would be UCLA Bruins since they are part of the University of California system. They both have baseball and water polo teams, among other sports.
        • As a bruin, I oppose the use of my school's football team to resolve petty squabbles. Furthermore, I think it would be much more interesting to have an academic competition (because I think USC would lose).
        • Berkeley also has a football team...
    • Can't they just settle this with a football game?

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

  • by turkeydance ( 1266624 ) on Wednesday August 05, 2015 @02:07PM (#50257533)
    a SoCal saying.
  • I know there's a crap ton of money involved, but I would think that since the study was based at UCSD, that it would stay there, regardless of where the head of the study goes.
    • Re:Seems easy to me (Score:5, Interesting)

      by EmperorArthur ( 1113223 ) on Wednesday August 05, 2015 @02:14PM (#50257581)

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

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

      • by thaylin ( 555395 )

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

        • by Anonymous Coward

          Depends on what you believe. The court doc's filed by Aisen et al a few weeks back assert that UCSD didn't provide support commensurate with the indirects charged on the dollars that came through the door. (Indirects are the taxes the university charged on grant dollars to cover things like building infrastructure and keeping the lights, network, and A/C on.... I don't know what the indirect rate is on the ADCS grant at UCSD is, but I wouldn't bat an eye at 40% ... I think the record was Stanford in the 8

          • by thaylin ( 555395 )

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

            BTW it looks like the ind

          • If true, he has a beef with UCSD and that's a contract dispute with UCSD **but** it does not give him ownership over the research and equipment. So no dice.
          • The computers in question, I believe, are in the cloud (if I remember the Aisen et al filing correctly.)

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

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

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

      • by gstoddart ( 321705 ) on Wednesday August 05, 2015 @02:30PM (#50257697) Homepage

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

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

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

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

      • Which means little. The University owns the research, the labs and the equipment. Dr. Aisen own's his reputation, nothing more.
  • by OzoneLad ( 899155 ) on Wednesday August 05, 2015 @02:11PM (#50257563)
    They seem to have forgotten who's in charge of the research.
    • by TWX ( 665546 )
      There's also the concept of a work-for-hire. His work at the old institution, if he used that institution's resources like its staff and its equipment, could add a degree of work-for-hire to his results. They probably can't claim sole ownership, but I wouldn't be surprised if they can claim enough to essentially fork the project at the point where he left.
      • by thaylin ( 555395 )

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

        • by thaylin ( 555395 )

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

          • Resend it some more - grants are tied to the institution not the PI. Notice the institution has to allow the grant to follow the PI.
        • So can the Professor at the last moment before rdy-for-market product is designed abscond to the private sector to cash in screwing over his new host? Get real. There is a reason he was at the university. The system of grants works as a part of a bigger system, stop being a pedantic and realize his old university is owed something if not everything.
      • That's not how academic research works. The university owns it. Period. That's not to say the PI couldn't carry on the research at another institution, he can, but he can't take any of the research or equipment. That stays with the university. He would have to rely what he published.
  • by HangingChad ( 677530 ) on Wednesday August 05, 2015 @02:26PM (#50257649) Homepage

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

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

  • by Karmashock ( 2415832 ) on Wednesday August 05, 2015 @02:27PM (#50257665)

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

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

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

    • by Overzeetop ( 214511 ) on Wednesday August 05, 2015 @02:42PM (#50257787) Journal

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

      • With regard to your observation, please keep in mind that some of them got that way because of the disease we are discussing. Also please check Voltaire's contribution. Something to the effect that the best way to get an appreciation of the infinite is to contemplate the extent of human stupidity.
    • Not sure about so far in the future, but if there is any positive result from the research soon, it will benefit my wife. Is there any likelihood the work will progress better at one institute than the other?
      • Giving both institutions every tool they need (ie the data) the work will progress better than giving just one institution protected access to the data. Compete for solutions and share the data.

  • by l2718 ( 514756 ) on Wednesday August 05, 2015 @02:29PM (#50257691)

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

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

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

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

    • by skr95062 ( 2046934 ) on Wednesday August 05, 2015 @03:03PM (#50257987)

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

    • "Ownership" of Data (Score:4, Informative)

      by oneiros27 ( 46144 ) on Wednesday August 05, 2015 @03:36PM (#50258283) Homepage

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

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

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

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

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

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

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

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

      (disclaimer : I'm one of the moderators on StackExchange's Open Data site [stackexchange.com] )

      • Why is everyone posting speculation instead of actually reading the article? The reporter did all the homework; the article clearly states that there was a data management plan and that the Institution is in charge of managing the data:

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

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

      [disclosure: I've applied for and received an NIH grant]
    • by khb ( 266593 )

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

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

      Once upon a time, Courts gave a lot of weight to the language as written. Sometimes they still do. Other times, they seem willing to pretty much

    • The issue with slashdot posters that don't RTFA before making complex arguments is that their argument is void when everything has already been clearly defined. FTFA:

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

    • by martas ( 1439879 )
      Would you be in favor of journals having a data (or even code) "registration" requirement? Something like any data you use has to be submitted to some third party curator, with full technical documentation detailing the experimental design. I don't necessarily mean that this should entail giving up ownership of the data -- just as a means of making sure that the data itself, and important metadata explaining it, doesn't get lost when the PI or students move on to other things. I've been a part of that mysel
      • I actually think you should start with the ownership.

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

        Several different agents should work on this. The granting agencies should insist all research data is properly curated and hos

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

    • That is just silly reasoning, you are taking a part out of the whole system. The university supported him. deal with it.
  • Science research, like everything else is nothing but a big pile of steaming shit.
  • by Ol Olsoc ( 1175323 ) on Wednesday August 05, 2015 @03:16PM (#50258105)
    A full blown fracas? Wake me when it becmes a donnybrook
  • Very sad.

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

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

    I wish someone would do the 'children... please... if you squabble like this, you'll both get nothing' thing.
  • these two entities have forgotten the details about who killed who,
  • They'll take you to school.

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

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