My original reading was that it protects the speakers. Other people, using the site, cannot steal your work.
Original Message:
Sent: 08-08-2021 16:48
From: Michael Lavine
Subject: JSM 2021
If "Except as may be expressly permitted by applicable law or as may be authorized by Pathable in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on our Services ('Service Content') or compile or collect any Service Content as part of a database or other work" does not alter any pre-existing IP rights, then what is its purpose?
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Michael Lavine
Original Message:
Sent: 08-07-2021 21:23
From: Jonathan Siegel
Subject: JSM 2021
I consulted a company attorney on the terms of service language. The attorney has replied, and did not think it would be such a problem because the terms and conditions do not alter an author's pre-existing IP rights.
Accordingly, my previous comment is superceded.
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Jonathan Siegel
Director Clinical Statistics
Original Message:
Sent: 08-05-2021 23:45
From: Jonathan Siegel
Subject: JSM 2021
Pathable's restrictions say "You will not, and will not permit anyone wlse to, (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on our services."
I agree that restriction (i) appears on its face to restrict anyone who uploads information or content to the JSM website not only from publishing that content elsewhere, but even from storing it on our own computers. Th restriction appars to give Pathable enormous, essentially complete control over anything we upload.
Given this, my strong, recommendation here would be to have ASA staff arrange for Pathable to authorize in writing waiver for JSM users to store, copy, etc. material presented at JSM, and post this on authorization on the JSM website. The authorization might be narrowed somewhat, and ASA and JSM's own restrictions might still apply. But my strong suggestion is to get an authorization from Pathable that completely disclaims the assertion of control Pathable has made over what JSM attendees do with JSM content.
Many us will be wanting to put JSM material into published papers, or have already done so.
Faced with the stark choice between publication and presentation at JSM that Pathable appears to have given us, I suspect many of us would prefer to retain our right publish rather than surrender it to Pathable by using its services to present at JSM under the conditions Pathable has imposed.
I would therefore strongly recommend that ASA negotiate with Pathaway to waive or at least clarify these rstriction (in writing, as stated) and avoid having attendees and presenters face that choice. And get it done tomorrow, before JSM starts.
And next time, have a lawyer look at things, and look for problems not just to ASA but to a prospective attendee.
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Jonathan Siegel
Director Clinical Statistics
Original Message:
Sent: 08-04-2021 22:21
From: Michael Lavine
Subject: JSM 2021
Dear Colleagues,
As you may know, the 2021 JSM will be held virtually using Pathable. I recently tried to login to Pathable to try it out. The terms and conditions for using Pathable include the following three passages:
(1) "Welcome to the Web site of Pathable, Inc., a Delaware corporation ('Pathable,' 'we,' or 'us'). Your use of this Web site (the 'Site') and our social networking and event management service (the 'Service' and, together with our Site, our 'Services') is subject to these Terms of Use (these 'Terms'). By using our Services, you agree to be bound by, and use our Services in compliance with, these Terms. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OUR SERVICES.
"We may make changes to these Terms from time to time. When we do, we will revise the 'last updated' date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services shall constitute your acceptance of such revised Terms."
...
(2)"Except as may be expressly permitted by applicable law or as may be authorized by Pathable in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on our Services ('Service Content') or compile or collect any Service Content as part of a database or other work"
(3) "By using this website, you agree to our use of cookies. We use cookies to provide you with a great experience. Find out more information here"
My interpretation of condition (2) is that I may not distribute any information I post on Pathable -- not even the content of my own slides or papers. Also, I may not modify my slides or papers after making them available on Pathable. In fact, I may not even be permitted to continue storing my own slides and papers.
My interpretation of condition (1) is that Pathable can change the terms of use at their discretion -- even if it's moments before JSM opens -- and that I would still be bound by their changes if I attend JSM.
My interpretation of condition (3) is that Pathable may install whatever cookies they like on my computer, even cookies that are not necessary for attending JSM. There is no option to install only necessary cookies.
Do you think I am interpreting these conditions correctly? Do any experts among you know what the applicable laws are for condition (2)?
Thank you,
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Michael Lavine
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