Another Attempt At Using the Courts To Suppress an Online Review
gandhi_2 writes with this excerpt from the SF Chronicle:
"A San Francisco chiropractor has sued a local artist over negative reviews published on Yelp, the popular Web site that rates businesses. Christopher Norberg, 26, of San Francisco posted the first review in November 2007 after visiting Steven Biegel at the Advanced Chiropractic Center on Valencia Street. In the six-paragraph write-up, Norberg criticized Biegel's billing practices and said the chiropractor was being dishonest with insurance companies. ...The Electronic Frontier Foundation, a local nonprofit that supports free speech online, is considering helping with Norberg's defense. Matt Zimmerman, an attorney with the group, said Biegel will get far more negative publicity from filing the lawsuit than from a bad review on Yelp. He said the foundation is seeing more and more cases of people trying to use the courts because they're unhappy with postings on the Internet."
I'd trust a veterinarian to treat me before I'd trust one of those fraud artists.
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This happens all the time.
I personally got a call about a blog post I wrote about a shady SEO company. For those of you who don't know much about search engine optimization, it is very easy to see if some website is horrible from that perspective. The said company's own website wasn't even properly indexed, the *very* basic things such as having proper titles on each page were missing, etc... Well, I posted a short, intended to be humorous entry about it in my blog.
A few days later I got a call from them. They told me to remove the entry, told me they had been talking to their lawyers (and I instantly recognized the company's name as it is rather large, international law firm), named a few labels for crimes, including but not limited to defamation... I tried to ask if they could cite what specific thing I said in my blog about their site was not correct but they avoided answering to that.
Well, to be honest I got a bit scared. Thankfully, I just then happened to be on the year's largest computer festival in my country and there was a stand from EFF one floor below me. I visited there, conversed a while, got somewhat less scared and added an edit to my blog that I have been contacted by said firm in this manner but didn't remove anything. Got some nice amounts of link juice from the blogosphere but the company never returned to the subject.
As unrelated note, I soon found out how the company had even found out about my (rather small reader base, even if largely read in the local SEO scene) blog. When I googled with the company's name, my blog entry was second result even though there had been no optimizing at all for it...
Chiropractors have had many detractors over the years and have a long history of using political manipulation and legal intimidation in response. They pursue a variety of goals including suppression of criticism of their questionable practices and mandating insurance coverage for chiropractic "care." They have generally been successful. That they try to suppress online criticism is a predictable continuation of longstanding behavior
If he has proof to back that up, fair enough but to accuse someone of illegal practices like that when you've no proof is libel. It doesn't matter if it's done on a community site or not.
If I was running a business and a disgruntled customer posted a lie about me ("all of his PCs are built in his basement by chained up mexicans!") I would want to have some legal recourse. These kinds of lies can destroy a business, especially those on a site people are likely to visit for information on a business.
From TFA, it sounds like he accused the chiropractor of insurance fraud. If he can prove it, no problem. If he can't, then the chiropractor was well within his rights to sue.
/. to headline this as an act of suppression.
Depending on the facts, it may be a bit premature for
It's all in the phrasing. If the review said "Dr. X is billing insurance companies for procedures not performed." then it may be libel since it is being stated as a fact. If the review said "I don't think Dr. X is billing insurance companies correctly." then it is stated as an opinion and therefore less likely to be libel.
Just because the internet affords the illusion of privacy and anonymity doesn't mean that you're completely shielded from consequences to your actions. If you're posting accusations about someone and stating them as facts then you better step up and provide some proof.
A bad review isn't worth trying for the logs to see who posted it. There's no justification for trying to remove someone's opinion. But when they start making accusations of illegal activity then the line has been crossed.
When will companies realize that threatening lawsuits and such will only bring more attention to the very text they don't want people to see?
I wouldn't even have known about this if they hadn't threatened to sue, placing the article in the spotlight.
Jeez. Streisand effect anyone? Why do companies never learn?
So much for the open minded people here.
FWIW I've had my back, ankles and knees helped by a good chiropractor. (sports injurys) There are many different schools of chiropractic care.
Pick the right one.
You wouldn't go to a neurosurgeon for a broken arm would you?
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I got a bit of kick out of a line in the article. While /. readers nationwide and internationally are more than familiar with the EFF, the article refers to it as a "local non-profit," since that is in fact where they are HQ'd.
You never expect irony, do you?
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We are open minded ... if someone could come up with non anecdotal evidence and show the use of clinical trials and other scientific methods in those schools of chiropractic care you are talking about we could simply accept it as plain medicine. Alternative medicine is quackery which sometimes gets things right by accident.
Abandoning the scientific method is abandoning progress ... chiropractic care will never progress, it will remain in the realm of quackery.
You're only saying that because your spine needs to be aligned.
You were mistaken. Which is odd, since memory shouldn't be a problem for you
As a doctor (practicing General Practice in Australia), what I tell my patients is that chiropractors may help certain problems, usually chronic, related to the spine. However, there are a lot of dodgy chiropractors out there, and a lot who mislead patients as to what exactly they can help with.
That's what I tell patients. My private opinion isn't nearly so polite. There are too many parents out there not having their child adequately treated or not getting them immunised, based on their chiropractors advice.