Terms of use: This creative content is offered for the use of user under a creative commons share and share alike non-commercial with attribution license, provided that the user does not use the content to identify the author or individuals mentioned in the creative work. If the user does use the content to identify the author, and/or individuals mentioned in the creative work, and discloses that identity to a third party, the user accepts that user is solely responsible for any and all consequential damages to the user, the author, individuals mentioned, the third party, and any other party who may be damaged as a consequence of disclosure by the user of the identity of author or mentioned individual to a third party. Damages may include (but are not limited to) lawyers fees, lost work, pain and suffering. User further agrees that compensatory damages will be tripled and added as punitive damages.
By continued use of the content, user accepts and acknowledges that user is solely responsible for any and all consequential damages to the user, the author, individuals mentioned, the third party, and any other party who may be damaged as a consequence of the disclosure by the user of the identity of author to a third party. Damages may include (but are not limited to) lawyers fees, lost work, pain and suffering. User further agrees that compensatory damages will be tripled and added as punitive damages.
For the purposes of this agreement, the identity of author and individuals mentioned are considered a derivative work.
All derivative works must contain these same terms of use and any user of the derivative works must accept and acknowledge that user is solely responsible for any and all consequential damages to the user, the author, individuals mentioned, the third party, and any other party who may be damaged as a consequence of the disclosure by the user of the identity of author or individual mentioned to a third party. Damages may include (but are not limited to) lawyers fees, lost work, pain and suffering. User further agrees that compensatory damages will be tripled and added as punitive damages.
A verbal derivative work, that is, a verbal description of the creative work must also contain these same terms of use and any user of the oral derivative work must accept and acknowledge that user is solely responsible for any and all consequential damages to the user, the author, individuals mentioned, the third party, and any other party who may be damaged as a consequence of the disclosure by the user of the identity of author or individual mentioned to a third party. Damages may include (but are not limited to) lawyers fees, lost work, pain and suffering. User further agrees that compensatory damages will be tripled and added as punitive damages.
How much "protection" does this actually supply? If people are honorable and follow these terms of use, the identity of the bloggers or people blogged about should never become known. If it does become known from someone reading the blog, then who ever discloses it becomes liable for any damages. In any case, using these terms of use, does demonstrate a good faith effort to keep the content of the blog from being associated with any particular patient.
Could an anonymous user disclose the identity? Maybe, but to verify that the blog says what the anonymous user says it does, one has to become a user and then becomes bound by the non-identity disclosure provisions. If the blog is not checked, then the claim of identity is simply unverified hearsay by an anonymous source. Not enough evidence to base any damages on.
Can a user even testify about it? Perhaps, but then the oral version is a derivative work, and so people who hear the testimony about it are bound by the terms of use too.
When would it not hold? If the creative work were somehow illegal, threatening, or something that did need to be brought to the attention of authorities, perhaps the terms of use would not be enforceable.
