网友热议赵华军事件：带回国资料的界限在哪里？

　　生物通报道：前几个月备受关注的赵华军事件近期传出了新消息——美国法院8月6日判处中国籍医学研究员赵华军两年缓刑。这一消息传来，令不少即将归国，或已归国的博士学者感到心惊，将自己的研究成果（非侵权部分）带回国可以说是“潜规则”，不少学者回国后还与之前的实验室合作，进一步进行研究，然而此次美方起诉赵军华的是：“有预谋地、在没有授权下盗取有关C-25抗癌药的研究资料与药物”，所犯的“窃取罪”，那么当我们回国的时候，或者在国内继续之前研究的时候，如何界定其中的界限？如何定义其中的灰色地带呢？

一位网友在此前的文章中留言道，“Zhao pleaded guilty last month to a charge of accessing a computer without authorization. U.S. District Judge Charles Clevert agreed with the defense that Zhao be sentenced to time served for the 4½ months he already spent behind bars. Clevert noted that even Zhao’s former boss at the medical college expressed his admiration and respect for Zhao’s work. The judge also cited Zhao’s clean record and sterling scientific reputation. “He has been incarcerated away from his family and he has not been able to continue the research that consumed his life,” Clevert said. Before handing down the sentence, Clevert heard from Zhao’s wife and several members of his church. All described him as an honest, hardworking man who lived for his cancer research. If he crossed any legal line, they said, it was only because he cared so much about his research that he wanted to safeguard it. Zhao told the judge the same thing, noting that he never intended to profit from the work and only wanted to make sure it was in responsible hands. “Please consider the possible damage to cancer research if the world views me as a criminal instead of as a dedicated research scientist,” he said. Although Zhao wasn’t sentenced to prison time, his residency status in the U.S. as a Chinese citizen is now in question. He was taken from the hearing directly into the custody of U.S. Immigration and Customs Enforcement officials, who will decide the next steps. Zhao told the judge Tuesday he panicked when the hardware was taken because he was worried something would happen to his data, so he accessed the school’s servers to download it. Federal prosecutor Stephen Ingraham didn’t raise either issue at sentencing. After the hearing, he acknowledged both issues were “troubling,” but said he couldn’t prove Zhao took the vials or actually intended to profit from them.” (2013-8-12 23:53:00)

“His motive and intent, as described below, were to ensure the integrity of his research data and other information and devices, and continue his work to finish the C-25 paper. MCW officials had just seized Dr. Zhao’s personal laptop, his personal papers, a flash drive, and his external hard drive. The external hard drive contained Dr. Zhao’s most up-to-date C-25 research data for the paper he was expected to produce by March 15th. His personal laptop and other devices did not contain any of the MCW information at issue, but did contain substantial amounts of other work, research data and information he was currently working on with colleagues at University of Cincinnati, his immigration paperwork and documents, and volumes of other documents and items personally important to Dr. Zhao.As a result of the seizure, Dr. Zhao was, perhaps understandably, panicked about the integrity of these devices. It was that panic that caused him to make the mistake of returning to MCW without authorization, after his suspension. He did not return to MCW with the intent to destroy anything. Instead, he wanted to ensure the integrity of and protect the devices and data. When he got there, he discovered that his laptop, external hard drive, and other property were not at his work station. He found a flash drive which he used to copy his (older version of) C-25 research data. He was at the lab that night for approximately two hours, during which he checked on cell lines, ran experiments, and continued his MCW work.” (2013-8-12 23:20:00)

留言表示，地区法官Charles Clevert指出赵华军医学院前任老板表达了对赵华军工作的认可和尊敬，也提及了其本人良好的信用记录和科学声誉。对于此次控诉，赵华军辩解道，他并未想从这一工作中牟利，只是希望研究数据不要出差错，因此进入了学校服务器进行了下载。

此外这位网友还表示，赵华军的个人电脑中只有一些他与其同事的研究数据，本人的移民文件和文档，以及私人文件。并且那天晚上他在实验室的两个小时里，也是如往常一样检查细胞株，进行实验工作。

不过也有人提出，在这一研究中，赵华军并不是起主要作用的研究人员，因此他利用这一癌症药物的研究进展申请国内的自然科学基金是一种盗窃行为。而且主持该项研究的教授发现三瓶抗癌药物从实验室中失踪，而监控录像显示赵华军是当天进入这间实验室的唯一人员。

这其中的真相大约只有其实验室内部人员才清楚，不过对于科研人员来说，带资料回国确实是值得注意的问题，哪些是能自由带回国的，哪些是需要规避的，最好能及时沟通，达成共识。

欢迎大家留言参与评论……

（生物通：张迪）