Medical Professionals Increasingly Asserting Copyright to Your Online Reviews

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livebriand

Wow really? How is this legal? Gee, ever heard of FREE SPEECH?

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limitbreaker

I've heard of it but freedom and free speech have a lot of loopholes, randomly say the word "bomb" or "terrorist" in an airplane and see what happens to your free speech; it'll land you in jail for 10 years.

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praack

the form is probably presented along with the HIPPA one, which of course only gives the md rights as well to use your info- hippa does not really give you any rights either.

realistly think- you are at the provider and you are now looking at having to leave and find a new one. not as easy as you may think -givn that most people only have a few that are on thier plan.

if this holds up in court then it will transfer to just about any service industry and such contracts would keep people from reporting or making any public statment that normally would just be an opionion.

MDs have hated the review sites that have been out- those review sites were set up since the MDs have proved time and time again that they cannot police themselves .

 

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lindethier

Yikes, hope this kind of practice gets stopped.

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jgrimoldy

How does the Doc in question connect a review to a specific person?

Assuming that a pseudo Facebook account or a 15-minute email account is used, it seems it'd be difficult for the doc to connect the review to the patient.

Fuck the docs.  It's just like any other service/product that gets reviewed.  If your product/service is good, the good reviews will outweigh the bad ones.  Savvy readers will disregard the extreme reviews (good and bad) and look at the curve instead.

How 'bout as patients, we bill the docs for excessive waiting room time?  Hey look, my time is vaulable too.  Don't think that it's okay to consistently overbook and then keep patients waiting 45 minutes beyond the appointment time just to get the appointment started...

 

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compro01

How does the Doc in question connect a review to a specific person?

 

Why would they need to do that?

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jgrimoldy

Maybe I misunderstood the article.  If the doctor wants to threaten the reviewer into removing the review, they sort of need to know who posted it, don't they?

 

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compro01

No, they just send the site containing the review a DMCA notice and the review goes poof.  They have no need to know who posted the review, just that it's a review about them and they make all their patients sign over the copyright to any review they may write about them.

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jgrimoldy

You might want to re-read the article.  It doesn't say that.  From the article:  " If said doc disagrees with the content of a review for any reason, he or she can force the patient to remove it for breach of copyright..." 

It doesn't say anything about the docs sending the review hosting sites any threats.  If I were the review hosting site, I'd say, "Fuck you, Doc.  Where's the proof that the review in question was written by someone that signed your lame agreement?"  Moreover, Yelp and other sites will not bow to the wishes of docs.  That would greatly hurt their credibility.

You mention DMCA.  This has absolutely nothing to do with DMCA.

I'm not going to argue with you as we're largley on the same side of this being lame.  It's just that it appears that you did not touroughly read the article.

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don2041

exaxtly

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jgrimoldy

Whoops - double post 

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Mortal_M

What bothers me is that people are complaingin because they signed a paper saying they wouldn't do something and then whent ahead and did it.

On the other hand, like 0ly1r3m@1ns Said, this goes against "Freedom of Speech" (IMO) 

 

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newegg911

Are you freaking kidding me? So I go to the doctor in agony barely coherent and they hand me fifty pages of legalese and I'm supposed to understand every stipulation and agree with it or go elsewhere (which may be in another town or doesn't take my insurance,etc...). 

So in between all the other stuff I do, I should just go to law school for shit and giggles.

I'm sorry but the old adage that it's your responsibity to know all the laws just can't apply today with law codes that take up whole libraries.

And just bacause you throw some random crap in a contract doesn't nessecarily mean you can legally enforce it. If this Dr. tried to bill me like in the original story, I would laugh in her face.

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compro01

What bothers me is that people are complaingin because they signed a paper saying they wouldn't do something and then whent ahead and did it.

 

Look up "unconscionable terms".

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Mortal_M

That's part of what bothers me (I didn't explain myself very well), that they would sign it, and the other part is that they are complaining after they willingly signed it.

 

I don't know about other people, but when I see something that I don't agree with, I don't sign it.

And I know people hate me because I read everything and I take my time to make sure I understand it, I see too many people who start signing papers without reading them.

I know of a few people who go to buy a car and the salesperson says "this is a paper saying that you will pay us and that we have a full warranty for 1 year" and they sign it and later on when the car breaks and they go there, they realize that the warranty doesn't cover anything and they are screwed.

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rr17302

I read about this incident a couple of days ago on one of my news feeds.  The patient visited the dentist for emergency dental care and signed the form(s) to get treatment.  His lawyer said the "consent" was given under duress ... makes the form unenforceable regardless of whether the form's "borderline illegality" (as characterized in the article above() is upheld in court or overturned.

I believe we have lost too much of our individual rights to legalistic gymnastics by businesses and their lawyers so will give ZERO leeway that these "medical copyright to patients comments" have any legality whatsoever. I don't care if this Devil in a Dentist's smock has a contract signed in blood ... it should in NO WAY inhiit a patient posting a FACTUAL review of the provided care or service.  EVER.

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Archangel1976

This is jacked up on so many levels.

Another shining example of why our current healthcare model is screwed. The dentist effectively asked the patient to sign a nondisclosure agreement. 

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Morete

Speech is only free of punishment if it doesn't offend "the majority" or those with power. 

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nsvander

Correct me if I am wrong here, but doesn't the copyright law grant the copyright to the original artist for the work, that would be the person who wrote the review, not the one being written about.

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tkid124

You are correct, however, an artist, in this case an author can sell that right. However for a contract to be legal both parties must be benefited, I am not sure they can say the patient benefits.

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Vigilant Satyr

Both parties must consent to the contract, that is all. There is no requirement that both parties benefit.

It looks like these medical practitioners have simply made it a requirement that in order to become a patient, they must agree to this legally dubious contract. Seems just a bit coercive to me.

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noghiri_x

You are right.

I want my reviews to stay mine.

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0ly1r3m@1ns

no theres some thing called "freespeach" that people these days forget

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Vigilant Satyr

Free speech simply means that the government cannot tell you what not to say, or sanction you for saying something that it doesn't want you to say.

This matter is strictly private and private agreements can indeed restrict your speech. This is in effect a non-disclosure agreement, and some might even say one that is coerced.

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VoodooChicken

I always pay for the peaches I eat

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Mortal_M

Good one :D

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limitbreaker

Don't be a troll

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