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Friday, February 8, 2013

Website copies articles documenting scandal of disgraced cancer researcher, then uses DMCA to get the originals censored

Retraction Watch, a website that documents the retraction of scientific papers, has had a series of articles about disgraced cancer researcher Anil Potti abruptly censored by WordPress in response to a DMCA copyright complaint from a dodgy Indian website that appears to have copied all the articles to its own site, then complained to WordPress on the grounds that Retraction Watch had copied it:
One of the cases they followed was Anil Potti, a cancer researcher who, at the time, worked at Duke University. Potti first fell under scrutiny for embellishing his resume, but the investigation quickly expanded as broader questions were raised about his research. As the investigation continued, a number of Potti's papers ended up being retracted as accusations of falsified data were raised. Eventually, three clinical trials that were started based on Potti's data were stopped entirely. Although federal investigations of Potti's conduct are still in progress, he eventually resigned from Duke.
In all, Retraction Watch published 22 stories on the implosion of Potti's career. In fact, three of the top four Google results for his name all point to the Retraction Watch blog (the fourth is his Wikipedia entry). Despite the widespread attention to his misbehavior, Potti managed to get a position at the University of North Dakota (where he worked earlier in his career). Meanwhile, he hired a reputation management company, which dutifully went about creating websites with glowing things to say about the doctor.
This morning, however, 10 of the Retraction Watch posts vanished. An e-mail Oransky received explained why: an individual from "Utter [sic] Pradesh" named Narendra Chatwal claimed to be a senior editor at NewsBulet.In, "a famous news firm in India." Chatwal said the site only publishes work that is "individually researched by our reporters," yet duplicates of some of the site's material appeared on Retraction Watch. Therefore, to protect his copyright, he asked that the WordPress host pull the material. It complied.
The Ars Technica article skirts outright accusation, but makes a clear inference that a "reputation management company" committed fraud as part of a campaign to rehabilitate the reputation of Potti.
One important thing to note is that WordPress isn't obliged to respond to DMCA takedowns, but if it fails to do so, it could be jointly sued, along with its users, over the alleged infringement. In theory, though, WordPress could decide that these takedown requests don't pass the giggle test, reinstate the posts, and tell the company that sent in the notices to sue and be damned.

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