ASA Connect

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  • 1.  JSM 2021

    Posted 08-04-2021 22:21
    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,

    ------------------------------
    Michael Lavine
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  • 2.  RE: JSM 2021

    Posted 08-05-2021 23:46

    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.



    ------------------------------
    Jonathan Siegel
    Director Clinical Statistics
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  • 3.  RE: JSM 2021

    Posted 08-06-2021 08:03
    I agree we need clarification, but I suspect Pathable has no interest in controlling our content.

    The most likely intention is to protect people who post things.  It should probably say, "except things you yourself post and own". Maybe they consider that as implicit since even transfer of copy rite to a journal does not prevent you from having a backup copy of the submitted document on your computer! Or putting it on a flash drive, or printing a copy of the article you submitted.

    I also suspect they would say that if you get the content directly from the source, and not from Pathable, that's OK as well.

    They don't want people grabbing content posted on Pathable and using it in various ways potentially without the authors' permission.

    But let's verify that and get a statement from ASA clarifying.

    Ed

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    Edward Gracely
    Drexel University
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  • 4.  RE: JSM 2021

    Posted 08-06-2021 09:04
    Hey folks,

    Just to keep this reply short, I've highlighted the part that is key (in my opinion):
    "Except as may be expressly permitted by applicable law or as may be authorized by Pathable in writing..."

    (The following is my interpretation, having looking into these things in the past. It is not legal advice, etc.)

    What this means... 
    - The "baseline" laws already protect your ownership of the content you created.
    - More specifically, you have copyright of your own work at the point that you create it and put it into copy. (Read below for a more-exact definition.)

    While it is always good to read terms, this looks like wording for the company to protect features of its platform, not to nab statistical presentations and sue the creators. (Keep in mind that the platform is a created work of its own.)

    [Short version ends here]

    Ed, Jonathan, Michael, since I know you're readers (by the nature of this convo) here's a little more info that you might enjoy...

    Displaying your work on the platform shouldn't transfer your work to the platform.
    To lose your copyright you would need to proactively assign it to someone else. For example...
    - You need to sign over copyright of publications to get them into many journals.
    - A consultant/contractor needs to assign copyright to the person who paid for their work...it's isn't enough that the person paid for their work for the payer to own it.

    For those interested, you can check out Copyright basics on the US PTO website: https://www.uspto.gov/ip-policy/copyright-policy/copyright-basics
    Under "How can I secure a copyright?" it says, "This is a frequently misunderstood topic because many people believe that you must register your work before you can claim copyright. However, no publication, registration or other action in the Copyright Office is required to secure copyright. Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a "copy or a phonorecord for the first time."

    Again, the text that the platform posted is extremely common text to protect themselves. They're a business with a product that they interested in protecting. That's their goal. 

    They have little/nothing to gain from grabbing conference presentations on their platform. That's not their business or their business model.
    They'd have everything to lose in the lawsuits that would come in if they tried to do something underhanded. 
    I hope that eases your mind.




    ------------------------------
    Glen Wright Colopy
    DPhil Oxon
    Data Scientist at Cenduit LLC, Durham, NC
    ------------------------------



  • 5.  RE: JSM 2021

    Posted 08-07-2021 08:42
    Glen Colopy writes, "... While it is always good to read terms, this looks like wording for the company to protect features of its platform, not to nab statistical presentations and sue the creators. (Keep in mind that the platform is a created work of its own.) ...Again, the text that the platform posted is extremely common text to protect themselves. They're a business with a product that they interested in protecting. That's their goal."

    In my opinion, Pathable's Terms and Conditions do not support Colopy's reading.  There is another section of the Terms and Conditions that says, "
    Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties.

    Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Service; (ii) rent, lease or sublicense access to our Services; or (iii) circumvent or disable any security or technological features or measures of our Services."

    That's the part that protects Pathable's product.  The topic of this thread is a different part of the Terms and Conditions, a part that restricts what we may do with content made available via Pathable.



    ------------------------------
    Michael Lavine
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  • 6.  RE: JSM 2021

    Posted 08-07-2021 21:24

    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. 



    ------------------------------
    Jonathan Siegel
    Director Clinical Statistics
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  • 7.  RE: JSM 2021

    Posted 08-08-2021 16:49
    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
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  • 8.  RE: JSM 2021

    Posted 08-08-2021 17:11
    My original reading was that it protects the speakers. Other people, using the site, cannot steal your work.

    Is that a plausible interpretation?

    Ed

    ------------------------------
    Edward Gracely
    Drexel University
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  • 9.  RE: JSM 2021

    Posted 08-08-2021 18:11
    I don't think it would be appropriate for me to attempt to elaborate or interpret what the lawyer meant, beyond what I already provided. I'm not a lawyer.

    ------------------------------
    Jonathan Siegel
    Director Clinical Statistics
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  • 10.  RE: JSM 2021

    Posted 08-06-2021 10:49
    Greetings:

    We queried Pathable about the content portion of their terms and conditions. The preliminary response is "For the videos and recordings, the presenter may have a copy of the Zoom recording of their session, if provided by the Joint Statistical Meeting staff, as it can only be downloaded from the Admin Dashboard. These recordings are not available for direct download by attendees. All of the content of a presenter's session is of their ownership as any uploads to the Pathable site would be copies of their original files (i.e. slides, documents, videos). While the Pathable legal will be unable to provide waivers or edits to existing language within this short time frame, we are awaiting the clear definition of this section of the terms and conditions to be shared."

    We have used Pathable for several ASA meetings and this has not been an issue. Note also that the content is actually recorded in the underlying Zoom platform. I will post a more definitive statement as soon as we hear from Pathable.

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    Steve Porzio
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