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Yelp reviewers claim to be employees in lawsuit

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31–40 of 46 posts

Re: Yelp reviewers claim to be employees in lawsuit

#31
post #29

You might say this is frivolous lawsuit, and I'd agree. The plaintiffs have zero chance of winning, there is no coercion, there is no semblance of employment. But. Take a moment to think. What is the value of a website like this, without the user-generated content? A Yelp with no reviews, no photos, etc. is just a phonebook. Alternatively, a restaurant review with no platform, no audience is just a journal entry. It'…

Here's a larger point from the mid twentieth century: what is the real value of a broadcast TV network with the viewers? IN a sense, the product the network produces is ad views, with the work being done by the audience.

I'm not saying that the audience is an employee, just that the model of not paying for value created by a crowd is large and old.

Re: Yelp reviewers claim to be employees in lawsuit

#33
post #12

Earlier quoted context omitted.

I reckon pg needs to pay me for the value I've added to this site. Not quite sure if I should charge a nickel or a dime.

It's obvious to me that compensation should come in the form of ownership in yc companies, pro-rated based on total karma. I think tptacek and patio11 will back me up on this.

In a way, both of those guys are very much compensated for their posting here, albeit not directly from YC.

Re: Yelp reviewers claim to be employees in lawsuit

#34

The only time (as far as I am aware) that a similar lawsuit was successful was when AOL had to pay out $15 million to their moderators. http://en.wikipedia.org/wiki/AOL_Community_Leader_Program Some key reasons they were able to win were: 1) they had training 2) they had supervisors 3) they had to file reports and meet goals If they were operating autonomously, or even given some incentives (at the time they were giv…

http://www.yelp.com/static?country_=US&p=tos

> You alone are responsible for Your Content, and once published, it cannot always be withdrawn.

> We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Yelp and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

They follow that with

> As between you and Yelp, you own Your Content. We own the Yelp Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Yelp Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Yelp Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Yelp Content are retained by us.

Which is, I think, an effort to distance themselves if someone posts "I totally saw the chef drop the steak on a dirty floor and put it on a plate" type lies.

Re: Yelp reviewers claim to be employees in lawsuit

#35
post #34

The only time (as far as I am aware) that a similar lawsuit was successful was when AOL had to pay out $15 million to their moderators. http://en.wikipedia.org/wiki/AOL_Community_Leader_Program Some key reasons they were able to win were: 1) they had training 2) they had supervisors 3) they had to file reports and meet goals If they were operating autonomously, or even given some incentives (at the time they were giv…

http://www.yelp.com/static?country_=US&p=tos > You alone are responsible for Your Content, and once published, it cannot always be withdrawn. > We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection w…

Thanks. I didn't realize they don't allow content to be withdrawn, that's interesting, but doesn't affect the contents of the lawsuit as far as I can tell, in fact, two of the primary complaints were that their content was removed after they were banned.

Re: Yelp reviewers claim to be employees in lawsuit

#37
post #34

Earlier quoted context omitted.

http://www.yelp.com/static?country_=US&p=tos > You alone are responsible for Your Content, and once published, it cannot always be withdrawn. > We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection w…

Thanks. I didn't realize they don't allow content to be withdrawn, that's interesting, but doesn't affect the contents of the lawsuit as far as I can tell, in fact, two of the primary complaints were that their content was removed after they were banned.

[deleted]

Re: Yelp reviewers claim to be employees in lawsuit

#38
post #34

Earlier quoted context omitted.

http://www.yelp.com/static?country_=US&p=tos > You alone are responsible for Your Content, and once published, it cannot always be withdrawn. > We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection w…

Thanks. I didn't realize they don't allow content to be withdrawn, that's interesting, but doesn't affect the contents of the lawsuit as far as I can tell, in fact, two of the primary complaints were that their content was removed after they were banned.

(Oblig. Disclaimer: IANAL) Keep in mind that a TOS is a cover-your-ass mechanism, not a contract. Parts of it can be struck down as part of a legal decision; until a clause is tested in court, it's basically bluster.

Re: Yelp reviewers claim to be employees in lawsuit

#39
post #18

I wish the US legal system would make changes to discourage these types of frivolous lawsuits. It seems like many suits are intended to force the defendant to settle even though the suit itself has no merit. I wonder if the # of frivolous lawsuits would go decline if the suing party were forced to pay the defendant's legal fees if the suing party lost.

It entertains me that we're so big on First Amendment rights, but the right to petition for redress of wrongs needs to have conditions on it like "not frivolous".

Re: Yelp reviewers claim to be employees in lawsuit

#40
post #8
post #6

Earlier quoted context omitted.

You write as if the suit has a chance. The suit has no chance, none, zilch, zero. They were not forced to write the reviews. Imagine me and you suing ycombinator, because our post on HN adds value to the site. How absurd.

I certainly hope you are correct (and would believe you to be), I just have zero domain knowledge of the law in this scenario and wanted to resist making such an assertion.

I almost fell out of my chair when I read this. What a breath of fresh air! Zero domain knowledge doesn't prevent most HN users from just making something up on the spot and spewing it as fact.
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