Dx Revision Watch=20
http://dxrevisionwatch.wordpress.com/
03 January 2012
APA forces domain name change for "DSM-5 and ICD-11 Watch" site
On December 22, with just one working day left before offices closed =
down for the holidays, I received two communications from the Licensing =
and Permissions department of American Psychiatric Publishing, A =
Division of American Psychiatric Association, informing me that my =
unauthorized use of the DSM 5 mark in my domain name is improper and in =
violation of United States Trademark Law.=20
I was advised that my actions may subject me to contributory =
infringement liability including increased damages for wilful =
infringement. I was requested to immediately cease and desist any and =
all use of the DSM 5 mark, remove the DSM 5 mark from my domain name and =
provide documentation confirming I had done so, and that any further use =
would be considered an infringement.=20
Given the difficulties of liaising from the UK with the APA and with my =
Californian based site hosts, WordPress, over the Christmas holiday =
period and mindful of the implied consequences should I delay taking =
action, and not being in a position to engage in a legal wrangle with =
the American Psychiatric Association, I considered I had little choice =
but to change the site domain and site title.
Since December 23, the site has been operating under the title "Dx =
Revision Watch" and the domain name URL is now
http://dxrevisionwatch.wordpress.com/
As a result of changing the URL, my site traffic is now down to a =
handful of hits a day and on some days none at all; it will likely take =
many months for site traffic to recover. Not only has this action cost =
me site traffic but I have had to spend hours fixing links and editing =
text on both my sites.
If you had "DSM-5 and ICD-11 Watch" bookmarked or are linking to the =
site on your own sites or blogs, I'd be grateful if you could update =
these links because the old site URL and links to old posts will return =
a "site deleted" or 404 message, as do links to posts on Google and =
other search engines published prior to December 23.
Today, on Psychology Today, Dr Allen Frances, who chaired the DSM-IV =
Task Force, has blogged on the action the APA has taken against me:
http://www.psychologytoday.com/blog/dsm5-in-distress/201201/is-dsm-5-publ=
ic-trust-or-apa-cash-cow
DSM5 in Distress
The DSM's impact on mental health practice and research.=20
by Allen Frances, M.D.=20
Is DSM 5 A Public Trust Or An APA Cash Cow?
Commercialism And Censorship Trump Concern For Quality=20
Published on January 3, 2012 by Allen J. Frances, M.D. in DSM5 in =
Distress
DSM 5 will have a big impact on how millions of lives are led and how =
scarce mental health resources are spent. Getting the right diagnosis =
and treatment can be life enhancing, even life saving. Incorrect =
diagnosis can lead to the prescription of unnecessary and potentially =
harmful medication and to the diversion of services away from those who =
really need them and toward those who are better left alone. Preparing =
DSM 5 should be a public trust of the highest order.=20
But DSM 5 is also an enormously profitable commercial venture. DSMs are =
perpetual best sellers (at least one hundred thousand copies sold every =
year) netting the American Psychiatric Association yearly profits =
exceeding five million dollars.
From the very start of work on DSM 5, APA took unprecedented steps to =
protect its commercial interest- but in the process betrayed its =
obligation to the public trust. Work group members were recruited only =
on condition that they first sign confidentiality agreements - thereby =
squelching the free flow of ideas that is absolutely necessary to =
produce a quality diagnostic manual. 'Intellectual property' has been =
the priority - a safe, scientifically sound DSM 5 has been the victim.
DSM 5 commercialism and heavy handed censorship have recently assumed a =
new and troubling form. APA is exercising its 'DSM 5' trademark to =
unfairly stifle an extremely valuable source of information. Suzy =
Chapman, a patient advocate from England, runs a highly respected and =
authoritative site providing the best available information on the =
preparation of both DSM and ICD. Her writings can always be relied upon =
for fairness, accuracy, timeliness, and clarity. The site has gained a =
grateful following with over 40,000 views in its first two years.
Ms Chapman recently sent me the following email describing her David vs =
Goliath struggle with the APA and its disturbing implications both for =
DSM 5 and for internet freedom:
"Until last week, my website published under the domain name =
http://dsm5watch.wordpress.com/.=20
On December 22, I was stunned to receive two emails from the Licensing =
and Permissions department of American Psychiatric Publishing, claiming =
that the domain name my site operates under was infringing upon the DSM =
5 trademark in violation of United States Trademark Law and that my =
unauthorized actions may subject me to contributory infringement =
liability including increased damages for willful infringement. I was =
told to cease and desist immediately all use of the DSM 5 mark and to =
provide documentation within ten days confirming I had done so."
"Given my limited resources compared with APA's deep pockets, I had no =
choice but to comply and was forced to change my site's domain name to =
http://dxrevisionwatch.wordpress.com.=20
Hits to the new site have plummeted dramatically and it will take months =
for traffic to recover - just at the time when crucial DSM 5 decisions =
are being made."
"Was APA justified in seeking to exercise its trademark rights in this =
situation? Or do APA's actions fly in the face of accepted internet =
trademark practice, common sense, and good public relations? I am not a =
lawyer, but I have made a careful study of 'U.S. Trademark Law, Rules of =
Practice & Federal Statutes, U.S. Patent & Trademark Office, November 8, =
2011' and of many other available sources. My conclusion is that APA is =
making excessive and unwarranted claims for its DSM 5 trademark. Courts =
have found that using a trademark in a domain or subdomain name is 'fair =
use' if the purpose is non commercial, where there is no intent to =
mislead, where use of the mark is pertinent to the subject of =
discussion, and where it is clear that the user is not implying =
endorsement by, or affiliation with, the holder of the mark."=20
"The home page of my site clearly defines its purpose - 'DSM-5 and =
ICD-11 Watch - Monitoring the development of DSM-5, ICD-11, ICD-10-CM' =
and carries this disclaimer,=20
'This site has no connection with and is not endorsed by the American =
Psychiatric Association (APA), American Psychiatric Publishing Inc., =
World Health Organization (WHO) or any other organization, institution, =
corporation or company. This site has no affiliations with any =
commercial or not-for-profit organization...This site does not accept =
advertising, sponsorship, funding or donations and has no commercial =
links with any organization, institution, corporation, company or =
individual.'"
"It puzzles and worries me that APA would seek to suppress my clearly =
non commercial resource created only to provide information and =
commentary on the revision process of two internationally used =
classifications. My only purpose is to inform interested stakeholders =
and those patient groups whose medical and social care may potentially =
be impacted by proposals for changes to diagnostic categories and =
criteria."
"There is a paradox here. The APA has promoted its commitment to =
transparency of process, but has rarely demonstrated it. Much has been =
made of the posting of drafts for public review and soliciting feedback. =
But to usefully participate in this process, patients, patient groups, =
and advocacy organizations need to know about proposed changes and when =
and by what means they can input comment during public review periods. =
Now, because of APA's arbitrary actions, it will be harder for them to =
find the information they need- just when they most need it."
I am surprised and saddened by APA's ill-conceived attempt to restrict =
Suzy Chapman's free expression on DSM 5. It can only be in the service =
of the equally unworthy goals of censorship and/or commercialism. I =
simply can't imagine that anything should ever be kept secret in the =
preparation of a diagnostic manual and wonder what in Suzy Chapman's web =
site could possibly be so frightening to APA.
Using a trademark to suppress comment is a violation of APA's public =
trust to produce the best possible DSM 5. This is another indication =
that DSM has become too important for public health and for public =
policy for its revisions to be left under the exclusive control of one =
professional organization - particularly when that organization's own =
financial future is at stake. This basic conflict of interest can be =
cured only by creating a new institutional framework to supervise the =
future DSM revisions. Censorship and commercial motivations must not =
warp the development of a safe and scientifically sound diagnostic =
manual.
[ENDS]
-----------------
References:
1]Legal Guide for Bloggers:
https://www.eff.org/issues/bloggers/legal/liability/IP
2]U.S. Trademark Law, Rules of Practice & Federal Statutes, U.S. Patent =
& Trademark Office, November 8, 2011 PDF:
http://www.uspto.gov/trademarks/law/tmlaw.pdf
3] Dx Revision Watch: http://dxrevisionwatch.wordpress.com/
4] Dr Allen Frances MD, former chair, DSM-IV Task Force, blogs at "DSM5 =
in Distress" on "Psychology Today": =
http://www.psychologytoday.com/blog/dsm5-in-distress
5] APA's DSM-5 Development site: http://www.dsm5.org/Pages/Default.aspx
6] Somatic Symptom Disorders current proposals: =
http://www.dsm5.org/ProposedRevision/Pages/SomaticSymptomDisorders.aspx
Suzy Chapman
_____________________
http://dxrevisionwatch.wordpress.com/
http://meagenda.wordpress.com
http://www.facebook.com/MEagenda
http://twitter.com/MEagenda
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