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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.

11 of 260 comments (clear)

  1. What's most surprising about this story. by BitterOak · · Score: 4, Insightful

    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?

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    1. Re:What's most surprising about this story. by Hans+Lehmann · · Score: 5, Insightful

      Most patients, when walking into the office of a new medical provider, are given a stack of forms to sign by a harried receptionist who expects them to just sign the paperwork and hand it back. Few people actually read them.

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    2. Re:What's most surprising about this story. by KingMotley · · Score: 4, Insightful

      I always do. I read absolutely everything that I sign, because there are too many unscrupulous people out there. You never know what bullshit is in those contracts, and I've even refused to sign some, and some they've changed or removed clauses

    3. Re:What's most surprising about this story. by AK+Marc · · Score: 3, Insightful
      You mistakenly assumed my stance. I stated that it would take a very long time to read everything. I have a pack from my closing. It's more than 100 pages. Reading for comprehension of a set of contracts that long would likely not be under an hour.

      I understand clicking through a EULA for a video game or something,

      Ah, like all jackasses, you don't follow your own rules, but you have excuses why your way and only your way is the right way. No other way is acceptable. Got it.

    4. Re:What's most surprising about this story. by BenEnglishAtHome · · Score: 3, Insightful

      I can't count the number of threats of law suits a $400 debt got me.

      Something similar happened to me and it bugged the heck out of me until I finally had a flash of insight. The collection agency was always willing to threaten me with "We have a recording of our last conversation. Would you like me to play it back for you?"

      One day they threatened to sue. I replied "You promise?" The collection troll didn't understand. "If you sue me, then we get to go in front of a judge who will force you to shut up long enough for me to explain why I don't owe any money. I want you to sue me."

      "Well, we will."

      "OK. Just remember, you promised."

      They called me a couple of times after that. I reminded them of the fact that they had promised to sue me and I was waiting to be served papers to appear in court. I also reminded them that they had a recording of them promising to sue me.

      They hung up on me a couple of times and then I never heard from them or anyone else about it again.

    5. Re:What's most surprising about this story. by dcollins · · Score: 5, Insightful

      "What's most surprising about this story to me is that any patients would sign such a contract."

      Read the Ars Technica piece by the writer who tried to say "no" to such a contract. In short: he gets booted out the door. Now imagine you're in pain and maybe scared about a possible medical emergency (as the patient in the lawsuit here was). Situations like that is why oversight of a time-critical service like this is needed.

      http://arstechnica.com/tech-policy/2011/05/all-your-reviews-are-belong-to-us-medical-justice-vs-patient-free-speech/

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    6. Re:What's most surprising about this story. by oobayly · · Score: 3, Insightful

      But in your case the clause wouldn't have been necessary as she informed you before the procedure what may actually have to be done. You could have told her that you couldn't afford the crown, so if the tooth can't support a filling just remove it (unlikely, but it's your prerogative).

  2. Re:Who gives a fuck? by Anonymous Coward · · Score: 3, Insightful

    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).

  3. Re:Probably Not Enforceable Anyway by Impy+the+Impiuos+Imp · · Score: 3, Insightful

    Still, I feel sorry for small businesses today -- are there any restaurants whose online listings aren't choking with "gross" and "I'll never go there again!"

    The Better Business Bureau has a mechanism to take complaints and give the business a way to respond and resolve the issues. All this also assumes the complaints are real and not just made up derogatory astroturfing online of competitors.

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  4. Re:still no match for Orly Taitz by Anonymous Coward · · Score: 1, Insightful

    Dentistry is one of the "social mobility" professions. Like nursing. Poor people trying to make it rich, while lacking the values held by rich people who were brought up properly. Dentists also have a very high suicide rate. Go figure.

  5. Re:still no match for Orly Taitz by Opportunist · · Score: 4, Insightful

    "values held by rich people who were brought up properly"... Like, knowing how to scam properly to not get caught, or at least get bailed out by taxpayer money? Or what exactly do you mean?

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