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Cherry Picking Clauses

At Think Gene, Andrew Yates wonders how physicians are supposed use genetic information from tests, such as 23andMe's. He notes that 23andMe's terms of service agreement says that their tests are "for research and educational use only. …The services cannot be used for health ascertainment or disease purposes." In a follow-up post, he argues that "this contract is imposed by 23andMe to the public in bad faith because 23andMe actively promotes its users to violate this clause." For example, he says, one user tweeted that he shared his warfarin report with a cardiologist and the company replied to, and retweeted, that message, thus promoting the violation of that clause. Yates concludes that he is "supposed to 'ignore' that part of the contract."

The Scan

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