any one wants big blue

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Dr. Jensen asked me to contact you to ask that you immediately cease and desist from these clear-cut violations of his copyright, purchasing, and licensing agreements. All products are registered through the U.S. Library of Congress and have copyright and patent numbers. A copy of the purchase agreement is under the "ordering" page at www.boardprep.com. Dr. Jensen's attorney is in the process of contacting SDN to obtain the names of the individuals involved. We also believe SDN is complicit in this illegality and will ultimately pay not only for the infringing products, but also damages. To those perpetrating this fraud, not only does this a constitute a clear legal violation, but also crosses moral and ethical boundaries which state licensing and hospital credentialing committees must consider; physicians are bound not only by legal codes but moral and ethical codes as well. Dr. Jensen has a clear history of protecting his intellectual property rights--as individuals and Departments and organizations will attest. Few, at this stage, can reasonably assert that don't understand the concept of "intellectual property," including the officers of SDN, and the purchase agreement is not a default option, but is rather forces a buyer to actually read and agree to a clear and unambiguous statement which specifically forbids the illegal activity being perpetrated.

Thank you for your understanding,
Dr. Jensen's Assistant

Wait... when you talk about moral/ethical boundaries and Dr. Jensen's personal intellectual property, do you mean the remembered questions that he gets from recent written exam takers every year? The activity that is strictly forbidden by the ABA? Is that REALLY what you're going to call HIS intellectual property and then babble about moral and ethical boundaries?
 
Wait... when you talk about moral/ethical boundaries and Dr. Jensen's personal intellectual property, do you mean the remembered questions that he gets from recent written exam takers every year? The activity that is strictly forbidden by the ABA? Is that REALLY what you're going to call HIS intellectual property and then babble about moral and ethical boundaries?

I wondered how he was able to get away with that. Recently there was a large group of internists that were reprimanded for remembering board questions and supplying them to a review company.
 
🙄

Niels Jensen needs to take a breather by the creek, brew a pot of coffee, and just accept that in the United States it's perfectly OK to buy something (like his book) and then sell it, give it away, or line a birdcage with it.

Ranger now attack chill out!


Jensen, you tool, I bought Big Blue. It was helpful. But you're not my coach, you're not my mentor, and you're not my friend. I owe you nothing. I paid for your book, and it's mine.

The binders are sitting on the shelf behind me right now, and every now and then I'll flip through them. But if I feel like selling them, giving them away, dropping them off in my resident library at my old program, or using the pages to mop up spilled chicken noodle soup, I will. Because they're mine.

And you can bite Bender's shiny metal ass if you don't like it.
 
I wondered how he was able to get away with that. Recently there was a large group of internists that were reprimanded for remembering board questions and supplying them to a review company.

Jensen never agreed not to 'remember' questions because he didn't take the test.

All he does is encourage other people to violate the ABA's copyright, put their own careers and board certification at risk, and then he profits from it.

Meanwhile, he pretends to have some kind of special, caring, personal relationship with the people who pay him ~$600 for his book and another ~$600 for some CDs of him reading his book.
 
Jensen never agreed not to 'remember' questions because he didn't take the test.

All he does is encourage other people to violate the ABA's copyright, put their own careers and board certification at risk, and then he profits from it.

Meanwhile, he pretends to have some kind of special, caring, personal relationship with the people who pay him ~$600 for his book and another ~$600 for some CDs of him reading his book.

Don't forget the many thousands he charges for his board review courses, which are nothing more than reviewing even more remembered questions. I can only assume that he's flying under the ABA radar since he has not yet been busted. And he comes on here trying to bite the hands that feed his million dollar business. Maybe the ABA WOULD like to take a closer look at all of the "unethical" residents using his material that clearly violates the rules of the ABA. Residents have a couple hundred dollars to lose, while he could lose his big time racket driven by resident fear and ABA violations.

This has NOTHING to do with "intellectual property" and everything to do with the green eyed monster.
 
Jensen never agreed not to 'remember' questions because he didn't take the test.

How can he not have taken the test? He's a board-certified anesthesiologist (in name anyway). ABA website lists him as being "certified indefinitely" as of 1993.
 
I have no love for Jensen, but when you order the book on his website you check an agreement not to sell it. I don't like the agreement. But I also believe in keeping one's word.
 
How can he not have taken the test? He's a board-certified anesthesiologist (in name anyway). ABA website lists him as being "certified indefinitely" as of 1993.

Presumably he agreed to not remember the questions from the exam he actually sat for. I wouldn't think that's a perpetually legally binding promise that extends to future exams he didn't take.

Anyway, his latest stream-of-consciousness babble of a check-box agreement has some new crazy word salad of an explanation for how the "remembered questions" he discusses at his review courses and includes in his book labeled as "remembered questions" aren't actually "questions" that are "remembered" from exams. It makes my head hurt.


I have no love for Jensen, but when you order the book on his website you check an agreement not to sell it. I don't like the agreement. But I also believe in keeping one's word.

Well, several problems with this.

First, the clown is harassing and bothering everyone who posts a classified ad on SDN to unload the books. He has no way of knowing if those people bought from him directly, or bought used from someone else. He has an even more dubious right to outrage considering he can't know if that person clicked his checkbox or not.

Second, IANAL, but there are legal limits to the restrictions anyone can place on the use of a good that is sold. The fact that he posts some convoluted, bizarre, amateurish attempt at an end user license agreement on his web store doesn't have an ounce of impact on the last couple centuries of contract law.

Third, his own EULA is self-contradictory. He writes "if they are used in a Departmental library I personally and on my honor guarantee they will be protected from unauthorized copying as I recognize this would violate Dr. Jensen's copyright" ... Clearly he has no objection loaning of the materials; it's copying he objects to (and rightfully so). But copyright law doesn't have much to say about situations where the original is sold and copies aren't being made.

Seriously, the guy rants on and on about how selling or otherwise disposing of the ORIGINAL books is copyright infringement. We're not talking about xerox copies, or scans uploaded to bittorrent.


I kept my copy of Big Blue because I keep just about every book I've ever bought. (Seriously, a couple shelves down from Big Blue is my 1990s edition of Pediatric Primary Care, a DSM-IV, and every other textbook I had in medical school. Below that, I've got college math books. I'm a textbook hoarder, it's a sickness.) But I'll do whatever I want with my copy of Big Blue, including sell it on eBay or the corner of 5th and Main, if someday I want to, because I bought it, and it's mine. And Niels Jensen can post laughably absurd cease & desist messages on SDN and attempt to harass and intimidate our members until he gets bilateral carpal tunnel syndrome and his stress ulcers perforate, it doesn't change the fact that when you sell a book to someone, you don't get to dictate whether that person keeps it or resells it.
 
First, the clown is harassing and bothering everyone who posts a classified ad on SDN to unload the books. He has no way of knowing if those people bought from him directly, or bought used from someone else. He has an even more dubious right to outrage considering he can't know if that person clicked his checkbox or not.

Second, IANAL, but there are legal limits to the restrictions anyone can place on the use of a good that is sold. The fact that he posts some convoluted, bizarre, amateurish attempt at an end user license agreement on his web store doesn't have an ounce of impact on the last couple centuries of contract law.

Third, his own EULA is self-contradictory. He writes "if they are used in a Departmental library I personally and on my honor guarantee they will be protected from unauthorized copying as I recognize this would violate Dr. Jensen’s copyright" ... Clearly he has no objection loaning of the materials; it's copying he objects to (and rightfully so). But copyright law doesn't have much to say about situations where the original is sold and copies aren't being made.

Seriously, the guy rants on and on about how selling or otherwise disposing of the ORIGINAL books is copyright infringement. We're not talking about xerox copies, or scans uploaded to bittorrent.


I kept my copy of Big Blue because I keep just about every book I've ever bought. (Seriously, a couple shelves down from Big Blue is my 1990s edition of Pediatric Primary Care, a DSM-IV, and every other textbook I had in medical school. Below that, I've got college math books. I'm a textbook hoarder, it's a sickness.) But I'll do whatever I want with my copy of Big Blue, including sell it on eBay or the corner of 5th and Main, if someday I want to, because I bought it, and it's mine. And Niels Jensen can post laughably absurd cease & desist messages on SDN and attempt to harass and intimidate our members until he gets bilateral carpal tunnel syndrome and his stress ulcers perforate, it doesn't change the fact that when you sell a book to someone, you don't get to dictate whether that person keeps it or resells it.

Both of those are probably true. Don't know and don't care if his agreement is enforceable or not. It is very simple: if you give your word (which you do when you buy directly from his website) you should try to keep it.

For the record, I bought MOCA BLUE. I think it sucked. I think his pseudo personalized correspondence is creepy as his harassment of SDN posters who want to sell or buy used Jensen products. But I did give my word and think that I should keep it. So it gathers dust in a storage box.
 
Both of those are probably true. Don't know and don't care if his agreement is enforceable or not. It is very simple: if you give your word (which you do when you buy directly from his website) you should try to keep it.

For the record, I bought MOCA BLUE. I think it sucked. I think his pseudo personalized correspondence is creepy as his harassment of SDN posters who want to sell or buy used Jensen products. But I did give my word and think that I should keep it. So it gathers dust in a storage box.

I can see where you're coming from, and if you choose to keep his book in a box, more power to you. It's your book, you can do what you want with it. 🙂
 
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