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I don't think that refutation is possible. Consider that the evidence of ERV's for common ancestry merely relies upon them being found in the same location in some species, and the same location without the virus in others.
With highly transposable elements this is not only possible it should be expected that sections would be identical. You have no idea how many of these things are littered throughout the genome do you?
If we merely consider the Lebedev et. al. 2000 paper (which is discussed at talkorigins.org here), we see 14 ERV's that are shown in the figure that are consistent with the phylogenic tree, and not one that was inconsistent.
These are all fragments, you are talking about sequences that are a few thousand nucleotides long and riddled with inversions, deletions, insertions and single nucleotide substitutions. If you want me to consider one of the papers he is baseing this statement on I will be happy to take a look. If on the other hand you want to ignore the actual scientific research in this area of study I don't know what to tell you.
Imagine, just for a moment, that there is no common descent, that all of these are merely coincidental germline infections. Now, we're only going to look at ERV's that are found in the human genome, and as such consistency with the phylogenic tree requires that each ERV only fits one of the following possibilities:
1. Human-only.
2. Human and chimp only.
3. Human, chimp, and gorilla only.
4. Human, chimp, gorilla, and orangutan only.
5. Human, chimp, gorilla, orangutan, and old world monkey only.
6. All 6 species.
I am going to need specific ERVs because generalities don't do a whole lot for me. What is more, you are working from the assumption that transposable elements make good phenotypic markers when mitocondira is questionable.
So if there is to be consistency with the phylogenic tree, each ERV must only be among the above possibilities. However, if we are to assume that these are merely coincidences, then there should be no correlation with the phylogenic tree, and thus all possible commonalities are equally likely. So, let's get to counting how many possible coincidental configurations there are:
Just one ERV: Human only (one possibility, as above)
Two ERV's: 5 possibilities (one for each non-human species)
Three ERV's: 10 possibilities
Four ERV's: 10 possibilities
Five ERV's: 5 possibilities
Six ERV's: 1 possibility
Total: 32 possible configurations.
Thus the probability that any one ERV will be consistent with the phylogenic tree is 6/32. The probability that all 14 ERV's are consistent with the phylogenic tree as inferred by other means would be (6/32)^14 = 6.6*10^-11 (that's 0.0000000066%).
There is thus no possible way that these are merely coincidental germline infections. And you may notice that nowhere in this argument did I even bother to worry about how likely such coincidental germline infections would be.
You still have no idea just how fragmentary these sections are but I think I can help you out with that. You must have missed this but that's ok, I don't mind posting it again. Let's take a little walk through some of the facts because those trees are based on fragments:
"The genomes of vertebrate species contain dozens to thousands of ERV sequences, some of which were acquired in evolutionarily recent times, whereas others derive from "ancient" times, as indicated by their identical site of integration in more than one species . Typically, ancient proviruses have sustained numerous point mutations, deletions, and insertions, rendering them incapable of expressing virus." (Constructing primate phylogenies from ancient retrovirus sequences, PNAS Vol. 96, Issue 18, 10254-10260, August 31, 1999)
Look at the date, in 1999 these had rarely been used to construct phylogenies and after the HGP published their intitial sequence these papers suddenly stopped making sweeping statements about ERVs. Frankly, I am not entirely convinced they are the result of viruses either anymore then I am that 97% of the genome doesn't do anything.
These ERVs make up something like 8% of the human genome, if you look at enough of them you will find sequences like the LTRs a couple of thousand nucleotides that line up, big hairy deal. The HERV K is still active in the human genome and isn't even fixed yet. I find this all very interesting but only because the fascination with them is unwarranted. It is another example of fragmentary evidence passing for conclusive proof.
Don't you realize that these are highly transposable elements?
"The taxonomy of HERVs is still a source of confusion. The preferred systematic nomenclature uses the amino acid specificity of the tRNA that hybridizes to the primer-binding site. The name is defined by adding its one-letter code as a suffix to the acronym HERV (13). HERV-K, for example, uses a lysine-specific tRNA as primer for the initiation of the reverse transcription reaction. The limitations of this approach include the fact that very distantly related viruses use the same tRNAs, and that incomplete information about this short region due to deletions or mutations make classification of these retroviral sequences almost impossible. In addition, many HERV proviruses have been given arbitrary laboratory names or extensions"
So the taxonomy of HERVs is confusing, incomplete information due to mutations make classification almost impossible and laboratory names are given arbitrarily. That sure sounds like a typical line of evidence of the single common ancestor apologists I have come to know and love.
Classification of transposable elements.
"The HERV-K113 provirus, located on chromosome 19p13.11, is not completely fixed in the human population. Genotyping of a small number of genetically diverse individuals has shown an overall allelic frequency of 19%, and the allelic prevalence seems to depend on ethnic origin. Whereas the provirus is rare in Caucasians, it is more abundant in African, Asian, and Polynesian populations."
This one has an allelic prevelance of 19%, it's rare in caucasians and more common in other ethnic groups. I bring this up to emphasis what you are all missing, they are highly transposable and this one isn't even fixed.
"Endogenous retroviruses have proven to be especially instrumental for investigating the evolutionary separation of humans from other African great apes because some of the proviral loci appear only in distinct ape species, whereas others are exclusively human (12). However, care must be taken in the interpretation or generalization of single findings. Scenarios such as allelic segregation or loss of the proviral locus must be taken into account "
(Retroelements and the human genome: New perspectives on an old relation, PNAS October 5, 2004)
(Retroelements and the human genome: New perspectives on an old relation, PNAS October 5, 2004)
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