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Dentist Who Used Copyright To Silence Her Patients Drops Out of Sight
According to a report at Ars Technica, a dentist named Stacy Makhnevich, who billed herself as "the Classical Singer Dentist of New York," threatened patients who wrote bad Yelp reviews with lawsuits, along the same lines as the online dental damage-control outlined in a different Ars story in 2011. This time, though, there's something even stranger than bargaining with patients to forgo criticism: when a patient defied that demand by describing his experience in negative terms on Yelp, Makhnevich followed up on the threat by seeking a takedown order based on copyright (putatively signed over to her for any criticism that patients might write, post-visit) — then disappeared entirely when lawyers for patient Robert Lee filed a class-action lawsuit challenging the validity of the agreement.
You're free to have your patients sign bogus agreements, but you have to be brave enough to back them up if you think they're going to stick.
It's a followup to a previous article featured on Slashdot, showing how the Streisand effect is strong enough to shut down a health care practice.
Finally. Nice to get a little good news in my day, even if the issue doesn't affect me directly. I firmly believe this kind of thing should happen much more often (think SCO, for just one example).
I'm an American. I love this country and the freedoms that we used to have.
Who knows what's up with this dentist. But the company who provides the form paperwork is really the people that the lawyers should be going after. D. Makhnevich is only one of many many who use this company's services / products.
Also this points out why I never pay much attention to Yelp: This dentist is rightfully getting a lot of heat over this business, but most of the "opinions" about her on Yelp are by people who have almost certainly never used her services. This is how it goes when businesses get bad publicity, everyone runs to trash them on Yelp regardless of if they have ever done business with whoever is the target.
There are a number of other sites that specialize in doctor ratings from patient that have a significantly different score for this clown.
If you want news from today, you have to come back tomorrow.
They're a crazy bunch, those in the dental profession.
What's most surprising about this story to me is that any patients would sign such a contract. According to the article, it is supposedly to increase privacy protections for the patient, but how many dentists go around spilling the beans about their patients' teeth? And are your tooth secrets that serious that you'd be willing to sign over copyright of your internet posts so your dentist will keep them? Are you really that afraid your friends will find out you don't floss regularly?
If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
In order to be a valid contract, there has to be "consideration" on both sides.
What is the "consideration" given to the patient, in exchange for giving up copyright? Clearly it isn't dentistry, since that could be had elsewhere without the requirement of waiving copyright.
So what did Makhnevich give patients in exchange for that? If nothing, then there is no contract.
I suppose it's remotely possible that the patients were trading their copyright for dentistry, but that seems a pretty thin argument.
My son was entering middle school, and we asked him what kind of a girlfriend he thought he'd have. And I swear to god this is what he said: "Of course nobody wants an ugly girlfriend, but it's more important for a girl to be smart than beautiful. It'd be better to go out with an ordinary looking girl that you like than a beautiful idiot."
Of course, that was back when he was 12, before the hormones really kicked in.
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
Wow, pre-teen and he already thinks he can judge a human based on intelligence.
At least judging on looks doesn't have the pretence of depth.
Neither good brain nor good body are likely to provide you with a good relationship. As the old saying goes, it is easier to teach skills than values.
Wow, you are an asshole.
I'm an asshole because I suggest that content of character is more important than (mostly innate) qualities like intelligence and appearance?
I stand by what I said: values are more important than skills. A good person is better than a clever or a sexy person.
I have found kids to judge people only based on "niceness" too, until the adult competitive world bashes into their head that they must look at less important things. Hormones do make people care about physical appearance, but the particularly physical qualities people find attractive vary tremendously except when society forces particular obsessions (e.g. in the US breasts are a huge taboo therefore big breasts are a Thing in the US, whereas in Europe people fixate much less on them).
Before you judge others you should learn English. 'Pretence' is English for the word that Americans write as 'pretense'.
...this totally bites.
I'm an asshole because I suggest that content of character is more important than (mostly innate) qualities like intelligence and appearance?
Yes, but character can be moulded by the usual manipulation that constitutes a relationship. Unless you happen to be a plastic surgeon you won't be able to repair her beauty, and as far as intelligence goes ...
Beauty and intelligence are certainly the two qualities I look for in a gf, precisely because they are mostly innate.
http://nm2ofs.net/forum/showthread.php?t=80299
I once went zip-lining on vacation. Having an indemnity waiver makes sense. There is a particular amount of risk involved. This one, though, was over the top. Among other things, it stated that I would hold blameless the company and employees for injury resulting from gross negligence!
I crossed out the things that I didn't think would stand in court (but wasn't willing to find out), turned it in, and had a blast.
I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
also, there are women here, who may mod down comments like OP's "i'd fuck that" while still being heterosexual themselves. Or maybe it was a man who wants slashdot to be a welcoming place where all men and women come to discuss technology issues. Or maybe it was just somebody with an aversion to assholes (the douchebag kind, not the backdoor kind).
That's 'Muricans to you!
Anyone who uses the word "bluster" in a conversation is probably gay.
Consider yourself trolled Sir.
Before you judge others you should learn English. 'Pretence' is English for the word that Americans write as 'pretense'.
Actually, 'Pretence' is the screwed up spelling Great Britain uses for the word 'pretense'.
Yes, the English people have the screwed up version of the English language and the Americans have it completely right, as always, and non-Americans aren't allowed to use the English version.
The legality or otherwise of the agreement has not been confirmed, therefore you are still not free because you have to pay and take a chance that the ToS is, when it's a dentist that judges may go to on occasion, it doesn't apply, whereas with Blizzard.net, which the judges do not use regularly, it does apply.
Your "come back" is not worth the electrons spent to store it.
You're all being blinded by your assinine belief that only one person can be at fault in a problem.
THIS IS NOT THE CASE.
You are disagreeing with the OP's point because you think that if the company giving the bad advice is at fault, this means it wasn't the dentists' fault.
THIS IS NOT THE CASE.
The dentist can be at fault for using it, the company can be at fault for providing it, and BOTH can be sued.
Go look at the OP again: NOWHERE do they say that the dentist is not at fault, yet you believe they do when you claim:
"but just because you find some guy to sell you some forms doesn't mean that you're off the hook yourself.."
THIS IS NOT THE CASE.
Land of the free
Sounds better than the land of unbalanced malloc, don't you think?
Ezekiel 23:20
I live in India. Here some people are still trapped in superstitious beliefs and practices. There's spiritual guide named as Nirmal Baba, I wrote a post against him on my blog highlighting the ways he was using to corrupt the minds of the common people. The post was written one year ago. After that I had promoted it for a while, did some SEO and stuff. And then it faded away as Nirmal Baba obscured from public view because the media was targeting him one year ago. Then slowly the channels started shutting their mouths. His show " The third eye of Nirmal Baba" started re-airing on all the news channels in the morning slot as was earlier. I realized that things can't be changed. Nirmal Baba is a millionaire. He shut those people up. Sued everyone writing against him and then came my turn. I was sent a legal notice for writing against him, here's the link of the legal notice to read online : http://goo.gl/rWOvbn I talked to a lawyer. I was assured that if matters go into court, I would win. But I was also made alert that the potential harassment by followers of the Baba could make my life a nightmare. I DELETED THAT BLOG POST. (Here's the original html files : http://goo.gl/vm2Ske )And that's the price I had to pay. Forget morals and standing up against wrong, Same as here, the dentist is misusing the legal powers to shut people up from expressing what they truly feel. This is not what happens in a democracy! And if the people aren't free to post on the internet, then we are surely entering a despotic age!
The much less popular time lord.
PlusFive Slashdot reader for Android. Can post comments.
When all his mates are getting laid, a girl who puts-out will be his top priority.
Lay off the dope. Seriously.
Whee exactly is the crime against democracy here?
1) You were allowed to write, no criminal penalties were applied.
2) You were informed that if their was a civil lawsuit you would win
3) You were informed that Nimal Baba runs a criminal enterprise that takes revenge on journalists
(1) and (2) is protection of free speech. (3) is protection of civil order. You caved to a private harassment threat. In a despotic government that sort of thing is less likely.
I imagine this class action lawsuit is not the reason she is on the run. I would think that if what Lee said was true, and she was charging insurance companies $4000 for a $200 job, she has bigger problems.
All speculation, but it seems to me this is a "take the money and run before I get discovered for widespread multimillion dollar insurance fraud" disappearing act rather than a "OMG a civil law suit! Run!" disappearing act.
...my appointment was a 2:30.
Thank you, I'm here all week (more to the pity) :-)
Dentist is a paranoid narcissist
Dentist is a drug addict
Dentist launders money
When confronted with a multi-page contract from a phone company or dentist or whatever, I have been writing "toolong didntread" on the signature line.... No one has said a thing about comment-as-signature. I wonder what a court would think of that along with testimony that the contract was sprung on me at the point of sale, and, as it is not practical or convenient to stop a small, routine transaction in order to seek legal advice, most people, including myself do not read the contracts.
These always come back to haunt the person who tries to start them. These people do not understand the power of the social media stream. Especially dentists.
I'm all out of fucks to give. Will you accept a rats's ass???
and when was the last US president that Didn't go to law school?
that would be George W. Bush.
Again, with the "blame Bush" ... oh wait .. never mind ;)
Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
lol
High heels are more important.
You Slashbitches just can't accept that some guys like females.
No, no, some of us do like females, some even as sexual partners.
On the other hand, I don't much appreciate having to negotiate my way around the dreck that morons such you tend to spew. Welcome to oblivion. Wear it proudly. You earned it.
"Tongue tied and twisted, just an Earth bound misfit
Neither good brain nor good body are likely to provide you with a good relationship.
I disagree, and I predict that without either you are much more likely to have a lousy relationship. Besides, since when did sex have anything to do with the relationship?
"Tongue tied and twisted, just an Earth bound misfit
It's all down to Jebus.
I don't know about the since, but I know about the until: marriage.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
They must be, or they wouldn't have more money. The US is a meritocracy because it isn't run by an old German woman with a gold hat.
Say, you ain't one of them thar commanests, is you?
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
Just wondering. I mean, I always thought fixating on big breasts was a good thing. Or nice legs. Take your pick. If Europeans aren't fixating on that, I'd think it would be more of a knock on them, than on us.
This is my sig.
I'm a tiny (smaller than small) health professional. Last time I checked I had a tiny number of Yelp reviews, like, one. I've heard from other tiny businesses the same scenario. After you get your first Yelp review, Yelps employees (or 'bounty hunters") called me and others incessantly--like 10 times a week for a month, trying to get me/us to become a Yelp business member. The benefit: you get alerted to any negative reviews, you get the "right" to respond to them, and they move to the bottom of the list.
The more I read Yelp reviews, the more I'm convinced that the general IQ of the populace is in free fall. For other businesses, a lot of negative reviews were given by people who never even went to or used the business for totally irrelevant stuff: not liking the name, not open when they wanted to go (a solo barber who works 50 hours a week), we went to a Mexican restaraunt but I was in the mood for Chinese, it was raining...
Also, the more I read Yelp reviews, the more I'm convinced that it leaves a business open to cheap shots form competitors, or people who just a get a bug up there ass start a campaign with friends to also leave negatives.
Good thing we have Yahoo news to keep a lot of jerks busy leaving comments there. And /. ; )
The point is that the person in question knew that most of those who write against him would not want to be dragged into a civil lawsuit. See, it's a misuse of the legal process. Also the point is that I am student, it's visible in my profiles, so anyone can guess I won't be able to give much of a fight. That was not exactly a private harassment threat. I think it's not private if it's cunningly backed up by legal clause, it could have been if it was a phone call or just a normal mail. I know a few top bloggers who went head on head against this person in court and one of them won too. But the drama didn't end there. Blind mind washed supporters of this guy took to making that person's life hell. See that's the price some people are paying for standing up against the injustice and falsehood. And I know writing down on a public forum is of no help. But somehow it cools me down. Thank you for the reply.