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by codezero 4611 days ago
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 given free AOL which was not a flat rate, so it had significant value), then the risk is low, but some of the things AOL did in running this program put them at risk.

Even with the very specific things AOL did that bit them later, the lawsuit still dragged on for a long time.

Yelp is unlikely to be at any risk at all here unless they were treating these reviewers like employees. Just contributing content is definitely not enough to put them at risk, and if the people are bitter about their contributions they have the right to remove them (I think).

1 comments

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 You alone are responsible for Your Content, and once published, it cannot always be withdrawn.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

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.