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Tuesday 30 August 2011

Academic publishers make Murdoch look like a socialist


Academic publishers charge vast fees to access research paid for by us. Down with the knowledge monopoly racketeers
  • College Students Library
    'Though academic libraries have been frantically cutting subscriptions to make ends meet, journals now consume 65% of their budgets.' Photograph: Peter M Fisher/Corbis
     
    Who are the most ruthless capitalists in the western world? Whose monopolistic practices make Walmart look like a corner shop and Rupert Murdoch a socialist? You won't guess the answer in a month of Sundays. While there are plenty of candidates, my vote goes not to the banks, the oil companies or the health insurers, but – wait for it – to academic publishers. Theirs might sound like a fusty and insignificant sector. It is anything but. Of all corporate scams, the racket they run is most urgently in need of referral to the competition authorities. Everyone claims to agree that people should be encouraged to understand science and other academic research. Without current knowledge, we cannot make coherent democratic decisions. But the publishers have slapped a padlock and a "keep out" sign on the gates. You might resent Murdoch's paywall policy, in which he charges £1 for 24 hours of access to the Times and Sunday Times. But at least in that period you can read and download as many articles as you like. Reading a single article published by one of Elsevier's journals will cost you $31.50. Springer charges €34.95, Wiley-Blackwell, $42. Read 10 and you pay 10 times. And the journals retain perpetual copyright. You want to read a letter printed in 1981? That'll be $31.50. Daniel Pudles illo Illustration by Daniel Pudles Of course, you could go into the library (if it still exists). But they too have been hit by cosmic fees. The average cost of an annual subscription to a chemistry journal is $3,792. Some journals cost $10,000 a year or more to stock. The most expensive I've seen, Elsevier's Biochimica et Biophysica Acta, is $20,930. Though academic libraries have been frantically cutting subscriptions to make ends meet, journals now consume 65% of their budgets, which means they have had to reduce the number of books they buy. Journal fees account for a significant component of universities' costs, which are being passed to their students. Murdoch pays his journalists and editors, and his companies generate much of the content they use. But the academic publishers get their articles, their peer reviewing (vetting by other researchers) and even much of their editing for free. The material they publish was commissioned and funded not by them but by us, through government research grants and academic stipends. But to see it, we must pay again, and through the nose. The returns are astronomical: in the past financial year, for example, Elsevier's operating profit margin was 36% (£724m on revenues of £2bn). They result from a stranglehold on the market. Elsevier, Springer and Wiley, who have bought up many of their competitors, now publish 42% of journal articles. More importantly, universities are locked into buying their products. Academic papers are published in only one place, and they have to be read by researchers trying to keep up with their subject. Demand is inelastic and competition non-existent, because different journals can't publish the same material. In many cases the publishers oblige the libraries to buy a large package of journals, whether or not they want them all. Perhaps it's not surprising that one of the biggest crooks ever to have preyed upon the people of this country – Robert Maxwell – made much of his money through academic publishing. The publishers claim that they have to charge these fees as a result of the costs of production and distribution, and that they add value (in Springer's words) because they "develop journal brands and maintain and improve the digital infrastructure which has revolutionised scientific communication in the past 15 years". But an analysis by Deutsche Bank reaches different conclusions. "We believe the publisher adds relatively little value to the publishing process … if the process really were as complex, costly and value-added as the publishers protest that it is, 40% margins wouldn't be available." Far from assisting the dissemination of research, the big publishers impede it, as their long turnaround times can delay the release of findings by a year or more. What we see here is pure rentier capitalism: monopolising a public resource then charging exorbitant fees to use it. Another term for it is economic parasitism. To obtain the knowledge for which we have already paid, we must surrender our feu to the lairds of learning. It's bad enough for academics, it's worse for the laity. I refer readers to peer-reviewed papers, on the principle that claims should be followed to their sources. The readers tell me that they can't afford to judge for themselves whether or not I have represented the research fairly. Independent researchers who try to inform themselves about important scientific issues have to fork out thousands. This is a tax on education, a stifling of the public mind. It appears to contravene the universal declaration of human rights, which says that "everyone has the right freely to … share in scientific advancement and its benefits". Open-access publishing, despite its promise, and some excellent resources such as the Public Library of Science and the physics database arxiv.org, has failed to displace the monopolists. In 1998 the Economist, surveying the opportunities offered by electronic publishing, predicted that "the days of 40% profit margins may soon be as dead as Robert Maxwell". But in 2010 Elsevier's operating profit margins were the same (36%) as they were in 1998. The reason is that the big publishers have rounded up the journals with the highest academic impact factors, in which publication is essential for researchers trying to secure grants and advance their careers. You can start reading open-access journals, but you can't stop reading the closed ones. Government bodies, with a few exceptions, have failed to confront them. The National Institutes of Health in the US oblige anyone taking their grants to put their papers in an open-access archive. But Research Councils UK, whose statement on public access is a masterpiece of meaningless waffle, relies on "the assumption that publishers will maintain the spirit of their current policies". You bet they will. In the short term, governments should refer the academic publishers to their competition watchdogs, and insist that all papers arising from publicly funded research are placed in a free public database. In the longer term, they should work with researchers to cut out the middleman altogether, creating – along the lines proposed by Björn Brembs of Berlin's Freie Universität – a single global archive of academic literature and data. Peer-review would be overseen by an independent body. It could be funded by the library budgets which are currently being diverted into the hands of privateers. The knowledge monopoly is as unwarranted and anachronistic as the corn laws. Let's throw off these parasitic overlords and liberate the research that belongs to us. • A fully referenced version of this article can be found on George Monbiot's website. On Twitter, @georgemonbiot

Sunday 28 August 2011

August 27: The saddest day for Parliament




Today is probably the saddest day for Indian Parliament.

The Lokpal bill approved by Parliament now accommodates Anna Hazare’s main demands with a little tailoring. Interestingly, the House thumped its assent. Its vocal chords seemed to have been silenced at the most decisive moment. They had taken to fists. In retrospect that makes sense; Parliament had been silenced by People.

For 12 days the Anna’s fasting frame had hung over Parliament like Damocles’ sword. It is ironic that in a largely foodless country, what power a man who can forgo it wield. Perhaps such self-inflicted gastronomic torture raises the atavistic fears of the Famine, a national archetype that is never too far from our subconscious.

Close to 790 members in Lok Sabha and Rajya Sabha represent the billion odd population of India. They are there because we believe in exercising our franchise every five years, or whenever we are asked to. Unlike in the West, where institutions of democracy are in place, we put everything into our election, which is why Parliament here should be totally true to its people.

According to the speeches made in the House today, this is not the first time a Lokpal bill was sought to be introduced in Parliament. Apparently, we have done it some eight times before. For over 40 years then the bill had been doing the rounds. The question is why?

Because, Indian Parliament is a failure. One of the more eloquent tributes to its emasculated status came from Lalu Prasad Yadav in the second half of the day’s speeches. Perhaps he has himself to blame for the state of affairs he was lamenting?

Or may be not. Corruption is at the heart of Indian ethos. We bribe Gods, sanitation workers, peons and loan officers. We bribe RTO officials, passport officers and traffic constables. We believe if we don’t bribe, the job will not be attended to as a “special case.” And if it’s not a special case, it will never get done anyway. We can’t be blamed either. The system runs on our willingness to bribe. And the officialdom’s eagerness to take. Perhaps this is the legacy of a starvation economy, where for all supplementary income is the main thing.

Certainly, it is not as if corruption is part of the system; it is that the system is a part of the corruption. You take corruption out of it, and the whole establishments will just crash. If the cash for votes scam is any indication, Parliament is very much a part of it.

Which is why Parliament has been so dilatory with the Lokpal bill. It resorted to procrastination to protect itself. If Anna Hazare had not starved himself on a high stage in the Ramleela grounds, so TV cameras can watch him waste away to Bollywood music, the Lokpal bill--for what it is worth, and it is not much, because you can’t bring a law to make your genetic pool more ethical-- would still be a piece of paper to soak the tea spilled on a table in the Central Hall.

At the end of it all, the bill still might serve as a mop.

Philosophically the bill believes corruption as an unethical practice involving public money. It says nothing of corporate corruption, which is a horror story all by itself. The grand narrative of India’s overnight corporate miracles owes a great deal to efficacies of graft. Corporates directly, or indirectly through their lobbies, buy and sell favours that range from land to licences to whole portions of rivers and forests. The new development model that India swears by, the one of Public Private Participation (PPP) where the line between Corporate profits and government responsibility is fluid at best and nonexistent at worst is in fact tailor made for export-quality corruption.

It is difficult to believe that a simple legislation even if is improvised to accommodate corporate corruption will change all that. No law can change our genetic disposition. To be ethical is an existential choice. I am personally skeptical of Anna and his movement because the fashionable families from Defence Colonies and Greater Kailashes who frequent the Ramleela grounds between parties and PVRs are a suspect lot: how many of them for example treat their maids well? How many beat up their wives and wouldn’t mind a rape now and then just to add a little excitement to their scented lives? How many will resist a dowry deal for their sons?

That an unelected body of people-- inchoate in their  articulation, self delusional in their idealism—has risen to act as a kind of corrective to the highest law making body in this country is tragic news. The people have lost faith in their Parliament. Clearly, parties across the ideological spectrum have forfeited their right to call themselves representatives of the people. Left, Right or Centre, their function has been whittled down to reluctant approvers of what an amorphous mass aspires for: respect. And it has come at the expense of a Parliament that is blind to the reason why it came into being.

Hazare ke Khwaishen aisi ki har Khwaish ho-hum nikale// Bahut nikale unke demands phir bhi kam nikale

Corruption And Its Discontents
By Niranjan Ramakrishnan
26 August, 2011
Countercurrents.org
Hazare ke Khwaishen aisi ki har Khwaish ho-hum nikale
Bahut nikale unke demands phir bhi kam nikale
(with apologies to Mirza Ghalib)
Judging from the New York Times and the Washington Post, urban India is abuzz with the idea of banishing corruption. Photographs of peaceful marchers filling a giant overpass have made front-page news. Anna Hazare, whose arrest and fast have ignited the stir in cities all across India and amongst Indian groups abroad, is now a well-known figure. The fast, meetings, and protests are being billed as nothing less than a second Freedom Movement.

That last accreditation is in perfect pitch with an intelligentsia cut adrift from any sense of proportion, as befitting one that till only the other day was capable of considering Manmohan Singh a more significant reformer than Mahatma Gandhi.

Amid all the din it is easy to forget the lofty purpose of the Second Freedom Movement. It is for the appointment of an ombudsman and a subsidiary bureaucracy to oversee allegations of corruption amongst government officials. One may just as soon label a demand for Web access to one's income tax records as the second Declaration of Independence.

Owing perhaps to his experiences as a lawyer, Gandhi did not view some new law as the panacea to every social, economic or political problem. He pinned a lot more importance on the renewal of the human being. Gandhi believed that the quality of any country ultimately depends on the quality of its people. His abhorrence of legal cleverness as a means to fixing human problems is best illustrated by EF Schumacher in his classic, Small Is Beautiful,
" Gandhi used to talk disparagingly of 'dreaming of systems so perfect that no-one will need to be good'. "

That corruption is the scourge of daily existence in India as in few other countries may be entirely true. Ordinary people in everyday life have to pay bribes all the way from getting a driver's license to obtaining a housing permit. Certainly many of these are paid to government officials, big and small. The same government officials have to bribe others in their capacity as applicants. Corruption is many things to many people.

What Anna Hazare and his acolytes seem to forget is that corruption is not limited to the government. They also appear to believe that the appointment of eminent Indians to some overseeing council would somehow ensure moral chastity. If credentials alone, or even a personal reputation for incorruptibility, were such strong safeguards, the administration of Prime Minister Manmohan Singh should be a showcase for civics textbooks on model governance. Instead, it is considered the fount of malpractice and graft on a gargantuan scale, with many reckoning it presides over the most corrupt dispensation in independent India's history.

Neither the protesters nor the government want to address the issue of corruption in India in its deeper essence. Is it an obscenity only when a government official receives a bribe? What about corruption of the conscience? For instance, is it corruption when someone can build a 60 story skyscraper for a personal residence in a country where millions of children go to bed malnourished? Gandhi again,
"Every palace that one sees in India is a demonstration, not of her riches, but of the insolence of power that riches give to the few, who owe them to the miserably requited labours of the millions of the paupers of India."

Even though there seems to be a palpable correlation between the size and scope of scams in India and Manmohan Singh's neoliberal initiatives starting in the early 90s, Anna Hazare and his wise counselors don’t seem to want to see it. And amidst all his ineptitude in dealing with this latest crisis, practically the first words out of the Prime Minister’s mouth were to caution that it would be wrong to connect corruption with economic liberalization.

As veteran journalist Alexander Cockburn is fond of saying, "never believe anything until it is officially denied".

In 1991, Manmohan Singh, finance Minister in a minority government, kicked off a 'liberalization' program laying the foundation for a two decade neoliberal spree. It has turned some 250 million Indian citizens into celebrated ‘consumers’, but distorted any measure of what Professor Amartya Sen would call ‘social choice'. In this new order, what is good for consumerism and high living is alone good for India, whatever its cost by way of farmer suicides, uprooting of entire villages, pollution of the water table, or handing over of India's agricultural future to the GMO boys at Monsanto and elsewhere. The lone measure of success in this Eastern Wild-West is something called growth rate; the ethos it has spawned would both amaze and gratify Gordon "Greed Is Good" Gecko.

Gandhi's diagnosis and cure for India's corruption epidemic would probably involve a lot more pain and sacrifice than a few marches. He might point out that in a milieu where leaders openly promote moneymaking as the most important virtue, and an elite esteems itself by the extent of its ostentation, corruption would only find a conducive habitat. He would reject recourse to some bill, not for some technical shortcomings, but perhaps saying that reliance on such measures would "diminish the moral height" of Indians, just as his khadi movement urged Indians to boycott foreign cloth and adopt the rougher and costlier homespun, instead of a fast outside the Viceroy’s palace pleading for a ban on English mill imports.

The fervid and often uncivil jousting between "civil society" on the one side and the gentleman Prime Minister’s cabinet on the other, poring over fine points of an anticorruption bill while taking care never to mention the 800 pound gorilla parked in the middle of the room, reminded me of something I had read long ago.
“One of the greatest of the Bengali novelists of the 20th century, Sarat Chandra Chatterjee, has summed up the underlying principle of Hindu behavior in a neat, if cynical, epigram. He makes a woman who had a low-caste paramour boast that although she lived 20 years with him she had not for a single day allowed him to enter her kitchen.”
-- Nirad Chaudhuri, Autobiography of an Unknown Indian
Niranjan Ramakrishnan is a writer living in the United States. He can be reached at njn_2003@yahoo.com

British Tourism

You have all seen images of the injured Malaysian tourist being robbed by British citizens.
Now VISUALISE THE NEXT SCENE. 
This tourist is in an NHS hospital having recovered his consciousness. His hospital bed is now visited by predatory finance staff from the hospital demanding that he produce instant cash or he will be deported.
So do you see a similarity between this story and the following one? Please comment
http://giffenman-miscellania.blogspot.com/2011/08/uk-tourists-beware-cambridge-hospital.html

Friday 26 August 2011

Top Ten Jokes at Edinburgh Fringe This Year

The top 10 festival funnies were judged to be:

1) Nick Helm: "I needed a password eight characters long so I picked Snow White and the Seven Dwarves."

2) Tim Vine: "Crime in multi-storey car parks. That is wrong on so many different levels."

3) Hannibal Buress: "People say 'I'm taking it one day at a time'. You know what? So is everybody. That's how time works."

4) Tim Key: "Drive-Thru McDonalds was more expensive than I thought... once you've hired the car..."

5) Matt Kirshen: "I was playing chess with my friend and he said, 'Let's make this interesting'. So we stopped playing chess."

6) Sarah Millican: "My mother told me, you don't have to put anything in your mouth you don't want to. Then she made me eat broccoli, which felt like double standards."

7) Alan Sharp: "I was in a band which we called The Prevention, because we hoped people would say we were better than The Cure."

8) Mark Watson: "Someone asked me recently - what would I rather give up, food or sex. Neither! I'm not falling for that one again, wife."

9) Andrew Lawrence: "I admire these phone hackers. I think they have a lot of patience. I can't even be bothered to check my OWN voicemails."

10) DeAnne Smith: "My friend died doing what he loved ... Heroin."

Thursday 25 August 2011

UK TOURISTS BEWARE – Cambridge Hospital Staff Demand Instant Money from Sick and Ailing Indian Tourist


Cambridge Hospital Staff Demand Instant Money from Sick and Ailing Indian Tourist

The UK likes to portray itself as a friendly and inviting place for tourists. Its visa regime informs tourists who possess medical insurance that in case of an emergency they will receive adequate medical treatment without any need to pay the money upfront. But this is not true in reality as the following story illustrates.

VM, aged 73, is an Indian tourist visiting her family in Cambridge UK since June 2011. On Thursday 18 Aug she was admitted to Cambridge's famous Addenbrooke's hospital for an emergency illness and she received good medical care. Her medical insurers contacted the hospital on Friday 19 August in order to confirm her medical insurance cover and to guarantee payment. Yet on Tuesday 23 August and Wednesday 24 August VM received a rude shock in her hospital bed. Staff from the finance department beseiged her sick bed and demanded that she sign a carte blanche document agreeing to pay any/all charges the NHS may levy for her treatment. When it was pointed out that her insurance company was willing to offer a payment guarantee for her treatment they refused to listen and threatened to deport the tourist.

This issue becomes even more important as London prepares to invite tourists for the 2012 Olympic games. As the following article shows, NHS hospitals have made it a policy to use such high handed behaviour to extort cash from patients in their ailing beds.

http://www.dailymail.co.uk/news/article-562980/Foreigners-asked-produce-cash-hospital-beds-crackdown-health-tourists.html

In short if this behaviour is allowed to continue, if a luckless tourist finds himself in an NHS hospital s/he will not only have to hope to get better soon in a foreign land, but also try to figure out how to arrange large amounts of cash to fob of the finance staff of these hospitals.

You have been warned, visit the UK only if you or your relatives have large amounts of instant cash. Else you and your relatives will be in peril should you have a medical emergency as NHS hospitals fail to honour the legal commitment made when you obtained your visa.

THE DAILY MAIL ARTICLE

Foreigners asked to produce cash in their hospital beds in crackdown on 'health tourists'

By OLINKA KOSTER
Last updated at 17:54 30 April 2008

A hospital is pioneering a "get tough" attitude on health tourists - by throwing them out of hospital before their treatment is complete unless they pay up.
It means that foreigners who travel to Britain to get free care on the NHS will now be asked to produce cash or a credit card at their hospital bed.
The new approach has already saved the West Middlesex University Hospital in Isleworth up to £700,000 a year. Its proximity to Heathrow Airport makes it a particular target for immigrants.
If all hospitals did the same, the NHS could recoup tens of millions of pounds a year from health tourists.
Scroll down for more...
West Middlessex University Hospital Crackdown: West Middlessex University Hospital is getting tough on illegal 'health tourists'
Andy Finlay, the hospital manager in charge of collecting the money at the Middlesex trust, said patients had to pay up-front - or face being discharged within 48 hours.
"We will discharge a patient before they are well," he insisted.
"We will discharge a patient when they are stable, when we have provided what we have to provide - the minimum benchmark.
"Generally, within the first 48 hours after admission they will be given a price on how much, roughly, their treatment is going to cost.
"If I'm interviewing an inpatient I will be at that patient's bedside and I will ask them there and then for a visa, MasterCard, debit card, or cash. We don't take cheques."
Under the current system, anyone who needs emergency care, such as for a heart attack or accident and emergency treatment after an accident, does not have to pay.
But patients not eligible for free care who attempt to use the NHS for ongoing care or treatment that is not immediately necessary have to pay.
These so-called health tourists normally receive a bill on departure from hospital - but only an estimated 30 per cent of the money is recovered.
Under the pilot scheme, they will be asked to pay at their hospital bed for non-emergency care, or told to leave.
However, they would only be discharged after three consultants have agreed their condition is stable.
In the case of a heart attack victim, NHS patients would normally stay in hospital for 10 days. But anyone not eligible for free care could be asked to leave after 48 hours if they are judged stable.
Most patients told to leave did so willingly, Mr Finlay added - but not all of them.
"I've had two death threats, I've been held up against a wall, I've been grabbed round the throat, I've been manhandled by relatives - verbal abuse is almost day-to-day," he said.
"You have to have a very thick skin."
Last year, a secret Government report based on figures from 12 NHS trusts suggested that the bill for treating health tourists was at least £62million a year.
This did not include the cost of treating foreigners entitled to free healthcare, such as asylum seekers and students.
Health tourists not entitled to free treatment include pregnant women who arrive on holiday visas and give birth here.
Many foreign HIV sufferers also target UK hospitals for treatment, the study from 2005 revealed.
In the case of an HIV patient, a clinical decision would be made as to whether emergency care was needed.
At the time the figures were revealed, Conservative MP Ben Wallace said hospitals appeared to be pursuing a "don't ask, don't charge and don't chase policy".
Cash-strapped hospitals are being pushed further into debt because they are failing to claim the millions owed to them by those abusing the system.
As well as the West Middlesex University Hospital, the Leeds Teaching Hospitals NHS Trust and the Luton and Dunstable NHS Foundation Trust have been chosen to take part in the pilot scheme because their catchment areas contain both a "major point of entry to the UK" and a large proportion of asylum seekers.
Mr Finlay said his methods had received an enthusiastic response from across Whitehall - and saved the trust between £600,000 and £700,000-a-year.
"They think it is a fantastic idea, a solution to a relatively new problem," he said.
"It is up to the Department of Health to see how brave they will be to use innovative ways to tackle health tourism."
A spokesman for the Department of Health said: "It is important that those who are not entitled to NHS services pay for any they receive.
"The Government is currently reviewing access to primary and secondary care for all foreign nationals.
"In doing this we must take into account the implications of any such decisions on the key preventative and public health responsibilities of the NHS.
"We always treat people and do not charge them for emergency treatment, but the thinking behind the pilot schemes is that the NHS is there first and foremost for people who live here."

Wednesday 24 August 2011

Rape victims must have flawless pasts to get justice

 

Sexual predators often choose their victims with care, selecting girls and women who are 'vulnerable' and likely to make less convincing witnesses

Joan Smith in The Independent Wednesday, 24 August 2011

The surprising thing about the case of Dominique Strauss-Kahn and the alleged sexual assault of a hotel chambermaid isn't that all charges have been dropped. It's that he was arrested and charged in the first place, given how unlikely it was that he would be convicted. Even if DSK hadn't been one of the world's most powerful, well-known men, the chances of his being found guilty and going to prison were always low, as they are for most men who find themselves accused of rape or sexual assault.

"Rapists who end up being convicted in a court of law must regard themselves as exceptionally unlucky," Professor Joanna Bourke of Birkbeck College argued in her magisterial book Rape: A History from 1860 to the Present. "Rape in this country [the US] is surprisingly easy to get away with," a special report for CBS News concluded in 2009.

Nationwide figures for the US are hard to track down but an analysis of Department of Justice statistics by two of the country's leading sexual assault experts in 2009 found that conviction rates hadn't improved since the 1970s; their study suggested that only two per cent of rapes reported to police in the US ended in a defendant being sent to jail. Across a number of countries, a rising number of reported rapes has not led to a corresponding increase in convictions.

There is no mystery about this. The hunt for the ideal rape victim is never-ending but fruitless, for the simple reason that it requires unimpeachable conduct on the part of the victim in every area of her life, past and present. Women who have been drinking, who know their alleged attacker or who've ever told a lie to a public official, even in an unrelated matter, are not victims prosecutors want to put before juries. Bourke makes a similar point in her book: "Jurors, defence counsel and judges not only expect a much higher level of resistance than required by law, they also require a greater degree of consistency in rape testimonies than they require from victims of other violent crimes."

Indeed what's fascinating about the case, which comes down to the word of the former head of the International Monetary Fund (IMF) against that of an immigrant from West Africa, is that in the beginning prosecutors clearly believed her story about a violent sexual assault. Strauss-Kahn's semen on Nafissatou Diallo's uniform and the carpet of his suite proved beyond doubt that a sexual encounter had taken place, while medical evidence and Diallo's evident distress appeared to support her claim that it wasn't consensual.
So confident was the Manhattan district attorney, Cyrus Vance, that he proceeded to charge Strauss-Kahn, turning him into one of the world's most high-profile defendants. Even on Monday, when Vance asked a judge to dismiss the charges, he used an ambiguous formulation to explain his change of heart: "The nature and number of the complainant's falsehoods leave us unable to credit her version of events beyond a reasonable doubt, whatever the truth may be about the encounter between the complainant and the defendant." [my italics]

This is an absolutely classic outcome, signalling not the vindication of the defendant but the prosecution's judgement that the accuser would not make a good witness. "Dismissal does not mean he is innocent, simply that the district attorney doesn't believe the case can go to trial," observed a French lawyer, Pierre Hourcade.
Vance's own words suggest that his decision was based not on Diallo's account of the alleged assault, which contains only minor discrepancies about her behaviour immediately after her encounter with DSK, but lies she told when she arrived from Guinea and claimed asylum in the US. Such behaviour is not uncommon when would-be immigrants are trying to improve their chances of being allowed to stay; Ayaan Hirsi Ali, the Somali-born Dutch MP, resigned from parliament five years ago after admitting that she lied on her application for asylum in the Netherlands. Ali later moved to the US where her views are treated with respect and she is regarded as a trenchant critic of radical Islam.

If Diallo's persuasive account of a violent sexual assault is to be dismissed because she lied to get into the US, the implications for other immigrants are alarming. Are prosecutors really saying that anyone who has lied on an asylum application cannot be considered a credible witness in an unrelated matter, no matter how many years later and regardless of forensic evidence supporting their claims? This is surely setting the bar too high, as well as sending a message that some potential victims cannot expect the protection of the law. It's well known that sexual predators often choose their victims with care, selecting girls and women who are "vulnerable" in some way – black, poor, working-class – and likely to make less convincing witnesses.

In the case of DSK, there is also a nagging question of double standards. Some of his more excitable supporters in France have already floated the idea that he could resume pursuit of his ambition to become the Socialist party's candidate in the presidential election, as though he has emerged from this affair with a spotless reputation. But fairness demands that his past conduct should also be examined with equally rigorous standards, and the picture that's emerged is far from edifying.

The French writer Tristane Banon has given a graphic account of what she claims was an attempt by Strauss-Kahn to rape her when she went to interview him in 2003; her mother, Anne Mansouret (a Socialist politician and colleague of Strauss-Kahn) claims that he "took me with the vulgarity of a soldier" during a consensual encounter three years earlier. It is possible that the former IMF boss is the victim of a truly dreadful coincidence, becoming the victim of slander by women who don't know each other on two continents. But it is also possible he is a sexual predator who targets women who are reluctant to report him or unlikely to make a good impression on a jury. The cards have always been stacked in favour of Dominique Strauss-Kahn, but we still don't know for certain that Nafissatou Diallo wasn't the victim of a serious sexual assault.