Tag Archives: libel tourism

UK’s National Graphene Institute kerfuffle gets bigger

First mentioned here in a March 18, 2016 posting titled: Tempest in a teapot or a sign of things to come? UK’s National Graphene Institute kerfuffle, the ‘scandal’ seems to be getting bigger, from a March 29, 2016 posting on Dexter Johnson’s Nanoclast blog on the IEEE (Institute of Electrical and Electronics Engineers) website (Note: A link has been removed),

Since that news story broke, damage control from the NGI [UK National Graphene Institute], the University of Manchester, and BGT Materials, the company identified in the Times article, has been coming fast and furious. Even this blog’s coverage of the story has gotten comments from representatives of BGT Materials and the University of Manchester.

There was perhaps no greater effort in this coordinated defense than getting Andre Geim, a University of Manchester researcher who was a co-discoverer of graphene, to weigh in. …

Despite Geim’s recent public defense, and a full-on PR campaign to turn around the perception that the UK government was investing millions into UK research only to have the fruits of that research sold off to foreign interests, there was news last week that the UK Parliament would be launching an inquiry into the “benefits and disbenefits of the way that graphene’s intellectual property and commercialisation has been managed, including through research and innovation collaborations.”

The timing for the inquiry is intriguing but there have been no public comments or hints that the NGI kerfuffle precipitated the Graphene Inquiry,

The Science and Technology Committee issues a call for written submissions for its inquiry on graphene.

Send written submissions

The inquiry explores the lessons from graphene for research and innovation in other areas, as well as the management and commercialisation of graphene’s intellectual property. Issues include:

  • The research obstacles that have had to be overcome for graphene, including identifying research priorities and securing research funding, and the lessons from this for other areas of research.
  • The factors that have contributed to the successful development of graphene and how these might be applied in other areas, including translating research into innovation, managing/sharing intellectual property, securing development funding, and bringing key stakeholders together.
  • The benefits and disbenefits of the way that graphene’s intellectual property and commercialisation has been managed, including through research and innovation collaborations, and the lessons from this for other areas.

The deadline for submissions is midday on Monday 18 April 2016.

The Committee expects to take oral evidence later in April 2016.

Getting back to the NGI, BGT Materials, and University of Manchester situation, there’s a forceful comment from Daniel Cochlin (identified as a graphene communications and marketing manager at the University of Manchester in an April 2, 2015 posting on Nanoclast) in Dexter’s latest posting about the NGI. From the comments section of a March 29, 2016 posting on the Nanoclast blog,

Maybe the best way to respond is to directly counter some of your assertions.

1. The NGI’s comments on this blog were to counter factual inaccuracies contained in your story. Your Editor-in-Chief and Editorial Director, Digital were also emailed to complain about the story, with not so much as an acknowledgement of the email.
2. There was categorically no ‘coaxing’ of Sir Andre to make comments. He was motivated to by the inaccuracies and insinuations of the Sunday Times article.
3. Members of the Science and Technology Select Committee visited the NGI about ten days before the Sunday Times article and this was followed by their desire to hold an evidence session to discuss graphene commercialisation.
4. The matter of how many researchers work in the NGI is not ‘hotly contested’. The NGI is 75% full with around 130 researchers regularly working there. We would expect this figure to grow by 10-15% within the next few days as other facilities are closed down.
5. Graphene Lighting PLC is the spin-out company set up to produce and market the lightbulb. To describe them as a ‘shadowy spin-out’ is unjustified and, I would suggest, libelous [emphasis mine].
6. Your question about why, if BGT Materials is a UK company, was it not mentioned [emphasis mine] in connection with the lightbulb is confusing – as stated earlier the company set up to manage the lightbulb was Graphene Lighting PLC.

Let’s hope it doesn’t take three days for this to be accepted by your moderators, as it did last time.

*ETA March 31, 2016 at 1530 hours PDT: Dexter has posted response comments in answer to Cochlin’s. You can read them for youself here .* I have a couple of observations (1) The use of the word ‘libelous’ seems a bit over the top. However, it should be noted that it’s much easier to sue someone for libel in England where the University of Manchester is located than it is in most jurisdictions. In fact, there’s an industry known as ‘libel tourism’ where litigious companies and individuals shop around for a jurisdiction such as England where they can easily file suit. (2) As for BGT Materials not being mentioned in the 2015 press release for the graphene lightbulb, I cannot emphasize how unusual that is. Generally speaking, everyone and every agency that had any involvement in developing and bringing to market a new product, especially one that was the ‘first consumer graphene-based product’, is mentioned. When you consider that BGT Materials is a newish company according to its About page,

BGT Materials Limited (BGT), established in 2013, is dedicated to the development of graphene technologies that utilize this “wonder material” to enhance our lives. BGT has pioneered the mass production of large-area, high-quality graphene rapidly achieving the first milestone required for the commercialization of graphene-enhanced applications.

the situation grows more peculiar. A new company wants and needs that kind of exposure to attract investment and/or keep current stakeholders happy. One last comment about BGT Materials and its public relations, Thanasis Georgiou, VP BGT Materials, Visiting scientist at the University of Manchester (more can be found on his website’s About page), waded into the comments section of Dexter’s March 15, 2016 posting and the first about the kerfuffle. Gheorgiou starts out in a relatively friendly fashion but his followup has a sharper tone,

I appreciate your position but a simple email to us and we would clarify most of the issues that you raised. Indeed your article carries the same inaccuracies that the initial Sunday Times article does, which is currently the subject of a legal claim by BGT Materials. [emphasis mine]

For example, BGT Materials is a UK registered company, not a Taiwanese one. A quick google search and you can confirm this. There was no “shadowy Canadian investor”, the company went through a round of financing, as most technology startups do, in order to reach the market quickly.

It’s hard to tell if Gheorgiou is trying to inform Dexter or threaten him in his comment to the March 15, 2016 posting but taken together with Daniel Cochlin’s claim of libel in his comment to the March 29, 2016 posting, it suggests an attempt at intimidation.

These are understandable responses given the stakes involved but moving to the most damaging munitions in your arsenal is usually not a good choice for your first  or second response.

Scientific spat and libel case in UK has Canadian connection

Neil Turok, Director of the Perimeter Institute of Theoretical Physics located in Waterloo, Canada, has been described as being insufficiently qualified to assess a fellow scientist’s work. Alok Jha, science correspondent for the UK’s Guardian newspaper, writes about the situation which includes a libel suit against Nature magazine in his Nov. 18, 2011 article,

A scientist who is suing one of the world’s most prominent scientific journals for libel compared himself to Albert Einstein in the high court on Friday [Nov. 18, 2011] as part of his evidence against the journal. Professor Mohamed El Naschie, also claimed that an eminent physicist brought in by the journal as an expert witness to analyse the value of his work was not sufficiently qualified to do so.

El Naschie is suing Nature as a result of a news article published in 2008, after the scientist’s retirement as editor-in-chief of the journal Chaos, Solitons and Fractals. The article alleged that El Naschie had self-published several research papers, some of which did not seem to have been peer reviewed to an expected standard and also said that El Naschie claimed affiliations and honorary professorships with international institutions that could not be confirmed by Nature. El Naschie claims the allegations in the article were false and had damaged his reputation.

On Friday, Nature called Professor Neil Turok, a cosmologist and director of the Perimeter Institute in Canada, as an expert witness to assess some of the work published by El Naschie.

In his evidence, Turok said he found it difficult to understand the logic in some of El Naschie’s papers. The clear presentation of scientific ideas was an important step in getting an idea accepted, he said. “There are two questions – one is whether the work is clearly presented and readers would be able to understand it. It would be difficult for a trained theoretical physicist to understand [some of El Naschie’s papers]. …  The second question is about the correctness of the theory and that will be decided by whether it agrees with experiments. Most theories in theoretical physics are speculative – we form a logical set of rules and deductions and we try, ultimately, to test the deductions in experiments.

There’s more at stake here than whether or not Turok is qualified or El Naschie’s work is up to the standards in his field, this is also about libel and libel laws in England. There have been some intended consequences from the current set of laws. Here’s an excerpt from the Wikipedia essay,

Libel tourism is a term first coined by Geoffrey Robertson to describe forum shopping for libel suits. It particularly refers to the practice of pursuing a case in England and Wales, in preference to other jurisdictions, such as the United States, which provide more extensive defences for those accused of making derogatory statements. According to the English publishing house Sweet & Maxwell, the number of libel cases brought by people alleged to be involved with terrorism almost tripled in England between 2006 and 2007.

Jha goes on to finish his first article on El Naschie’s libel case with this,

Sile Lane, a spokesperson for the Libel Reform campaign said: “Scientists expect publications like Nature to investigate and write about controversies within the scientific community. The threat of libel action is preventing scientific journals from discussing what is good and bad science. This case is another example of why we need libel law that has a clear strong public interest defence and a high threshold for bringing a case. The government has promised to reform the libel laws and this can’t come soon enough.”

I last wrote about the libel situation in the UK in my Nov. 12, 2010 posting, International call to action on libel laws in the UK.