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Distinguished Toastmaster
BUSINESS & BRANDING COACH . LIFE & LEADERSHIP STRATEGIST MOTIVATIONAL SPEAKER SERVING ENTREPRENEURS & MAIN STREET |
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SLAPP!!!!!!!!!!!!! SENATE CUFFS THE WRONG PEOPLE (c) Carrie Devorah:
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SLAPP!!!!!!!!!!!!! SENATE CUFFS THE WRONG PEOPLE (c) Carrie Devorah:
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SLAPP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
The sound of Senate smacking retail across the face is resounding. The US Senate had unanimously approved legislation alleging SLAPP protect from retribution consumers who post negative reviews online, on Yelp and other social websites. Congress sanctioned slander. That thing that used to be called Free Speech, isn’t free anymore. (Fair Use Of Screengrabs For Educational Purpose) |
Congress ignored that not everything needs to be public, damning, insulting moreso without out a first, second and third effort at trying to work things through. Congress ignored there are steps to be taken in the process of Dispute resolution. Congress failed retailers, spending spent too much time coming up with a cutesy anacronym instead of focusing on the impact of the, then, proposed law. Congress slapped the wrong ones. You know how it goes, nice people play be the rules and then along came the Internet, top of Santa’s “bad children’s list.” The Internet is naughty not nice.
SLAPP? It stands for” strategic lawsuits against public participation”.
The impact of SLAPP’s was brought to my attention when I engaged the nicest of companies, Moishe’s Self Storage to move items from one storage to the next. The movers were prompt. My unit was emptied in record time then moved to the new site as fast as traffic would allow. At the new site, I met staff, Dino, met one of the top brass, the real deal immigrant success story. With me, all roads lead to technology, my Rome.
I asked about the impact of technology on Moishe’s moving industry. I listened. They told how their business is impacted when online comments are not taken down even when bad comments are disproven or corrected. The internet has bred a culture of people thinking they can say anything about anyone without accountability. So, I decided to write about the impact of SLAPP on nice entrepreneurs and their staff impacted by clients who went public without giving the retailer an opportunity to make amends, or show the retailer does value customer service.
Moishe's Moving is the embodiment of the American dream. Moishe Mana moved to America from Israel in the 1980's, establishing a diversified workforce in a company that continues to diversify and give back to communities. Moishe Mana is described as a Man with a Van and a Plan. The internet was not in his rearview mirrors when Mana started moving. Other truck companies were in his rear view.
Everything is trackable when lawyers know how to get through the internet maze and virtual walls, moreso when that person, sometimes, turns out to be a competitor using the loaded page to push down their competition’s Search Engine Optimization to push their competition hits down; moreso, the newest business internet disruptor is buying then driving down the TLDs, the Top Level Domains of the competitor, low in Search hit results. There is also the tactic of off stepping the domain name with one alphabetical letter to the right or left of the hit key and/or the alphabet letter itself ie. M becomes N of L.
Moishe’s had been referred to me, word of mouth. It took me forever to find their own site online. In fact, I never did find the real Moishe’s site. I found Moishe’s Moving & Storage contact information on dozens of other sites. Sites using Moishe’s identity blocked me from finding the real Moishe site. These sites were using Moishe’s Moving logo, brand and photos. These faux sites offered people to write reviews for companies without requiring documentation documentation to the fact to prove the ‘reviewer’ was real Moishe client. I had to wade through so many useless sites and popups to find Moishe’s Moving’s original site.
Moishe’s came recommended to me by someone I trust hence I persisted to find the real Moishe site. I was demoralized, over time wasted in a world of SEO, search engine optimization and rankings paid to manipulate a site up or down.’ I was curious how Moishe’s Moving was impacted by the Internet. I asked. Moishe’s Moving dished how Moishe’s Moving is impacted by the Internet. Like everyone outside of Silicon Valley, Moishe’s Moving is impacted by the internet’s intentional destruction of industry, by design.
Moishe’s Moving talked openly to me about their business being harmed by online review sites. Yelp did not get permission from Moishe’s to create the Moishe page. Yelp did not get permission to use Moishe’s trademark or brand. Yelp stole Moishe’s Moving’s identity. Violations of Copyright, Rights of Publicity and Privacy in these posted-review online platforms is rampant. It is no secret that Yelp solicits merchants, selling access to control of the merchant’s identity on Yelp. In the real world, this could be called blackmail or extortion. The FTC investigated Yelp’s practices.
A Virginia court required Yelp to cough up client identities. Yelp argued the defense of 1st Amendment Rights. This smacks of the FTC actions against Spokeo.com. Spokoe took people’s identities, without permission, then built pages with paid access that the named person had to pay Spokeo to enter the site to see what was posted. The FTC determined fraud. Yelp is doing one better, interference with trade. YELP is posting photos of sites interiors, staff and logos, invasions of privacy and trademark and copyright infringement. Still, Senate passed a law, SLAPP!!!!!!
In the world of Silicon Valley’s Internet of Thieves, Yelp, self describes on a PR Newswire blurb, as “a personal recommendation site that takes the power of word-of-mouth and amplifies it, allowing its members and readers find, review and talk about what's great -- and not so great -- in their neighborhood and beyond.” Yelp, founded by Russel Simmons and Jeremy Stoppelman, was backed by PayPal co-founder Max Levchin.
Yelp’s first round seed money was provided by BVP, Bessemer Venture Partners. BVP is headquartered in San Francisco. With offices in Silicon Valley, Boston, New York, Shanghai, Mumbai, and Bangalore, there are more than enough parties with tails to tie together for a wronged retailer to SLAPP back. There is something to be said about Bessemer having a billion dollars of venture funds under management. Bessemer has been investing since 1911. Bessemer knows the ropes. Bessemer is deep pockets to a claimant’s lawyer worth his technology-fighting-back-salt. Over 100 Bessemer companies have gone public including American Superconductor, Ciena, Gartner Group, Ingersoll Rand, International Paper, Maxim, Parametric, Perseptive Biosystems, Staples, VeriSign, Veritas, and W.R. Grace.
Yelp promotes that Yelp is community driven. Not quite. Yelp provides the platform, sort of like real estate landlord provides to a tenant with the rental space being the Yelp landing pages Yelp creates then solicits reviews of. Yelp curates these landing pages for visibility. Yelp pushed forward two Moishe’s Moving, bad reviews. The men from Moishe’s told me Moishe's Moving asked Yelp to give the good customer reviews landing page visibility. Yelp, I was told wanted to sell Moishe’s ‘ad protection’, control of the page if Moishe’s paid. Defamation and libel come with a price tag. Make that used.
Yelp, TOS, Terms Of Service 1B, Definitions, adress "Content": "
The Senate’s legislation does not temper the tone or truth of a posting. A bad internet reviews, with SEO rankings can be pushed up to ruin a competitors reputation. The bad internet review reaches an unknown amount of person. The Senate Bill gives oversight to the FTC. The House Bill version gives oversight to the DOJ. Neither Bill states the customer is not always right.
Not all online business and customers click.
Kleargear.com sued Jen Palmer over her online posting against them. Kleargears’ Terms Of Service stated users get sued for bad reviews. Palmer still posted her review online. Kleargears sued Palmer. Palmer’s Claim against Kleargear was Palmer being fined for posting a negative review. Palmer sued Kleargear.com and won. Retailers portrayed as the bad guy or not given a fair shake.
CONTENT 5D discloses how Yelp will use posted Content for ADvertising. It says:
Yelps TOS 6, "Restrictions" says:
"A. You agree not to, and will not assist, encourage, or enable others to use the Site to:
(i) Violate the Terms;
(ii) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Yelp
(vii) Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site.."
Guidelines and Policies says "Content Guidelines
GO MO!!!! Yelp is knowingly infringing your business entity Intellectual Property in each and every local, state, national and international geography where Yelp showcases you, Moishe.
Courts have already ruled on culpability of website owners to submit to jurisdiction stating that WHEN a User must create an Identity coupled with a Password to enter a website then the webhost can be sued in the jurisdiction of each and every user. I just ran out of fingers and toes, Mo Mo, but if you had a good lawyer with patience and strategic thinking in his bag, you would print off (Fair Use For educating the court purpose) each and every place Mo Mo ads appear moreso showing pics of your business unless, you licensed your Brand to Yelp, and/or allowed them to enter your private premises to take photos let alone photos used for commercial purposes.
Ok, remember.... deep pockets, B-E-S-S-E-M-E-R and one or a few others most likely, too.
The Senate bill gives authority to states and to the Federal Trade Commission to take action against the clauses as an unfair or deceptive act or practice. A good lawyer will lay out your case for the FTC but that is only a Regulatory Slap, a waste of government money. A good lawyer will figure out the conveluted TOS Terms is a group agreement to steal from MO and every other retailer out there losing business. You did not work so hard and so long to give it all away for free, is what I say.
A separate House version of the bill gives enforcement authority to the Justice Department. The bill, approved by unanimous consent, was sponsored by Commerce, Science, and Transportation Committee Chairman John Thune (R-S.D.) and is backed by Yelp, Angie’s List and TripAdvisor . The Consumer Electronics Association used R Street, Yelp and Zenefits at Capitol Hill talk to congressional staff, businesses and advocacy groups to push their goal of shutting down client complaints.
No matter, online reviewing is the decision before the trial. That, is not the American ‘day in court’ way. That said, Yelp and Angie’s List reviewers are accountable in the real world, too. Can't wait to hear them squeal when you slapp them back....
SLAPP? It stands for” strategic lawsuits against public participation”.
The impact of SLAPP’s was brought to my attention when I engaged the nicest of companies, Moishe’s Self Storage to move items from one storage to the next. The movers were prompt. My unit was emptied in record time then moved to the new site as fast as traffic would allow. At the new site, I met staff, Dino, met one of the top brass, the real deal immigrant success story. With me, all roads lead to technology, my Rome.
I asked about the impact of technology on Moishe’s moving industry. I listened. They told how their business is impacted when online comments are not taken down even when bad comments are disproven or corrected. The internet has bred a culture of people thinking they can say anything about anyone without accountability. So, I decided to write about the impact of SLAPP on nice entrepreneurs and their staff impacted by clients who went public without giving the retailer an opportunity to make amends, or show the retailer does value customer service.
Moishe's Moving is the embodiment of the American dream. Moishe Mana moved to America from Israel in the 1980's, establishing a diversified workforce in a company that continues to diversify and give back to communities. Moishe Mana is described as a Man with a Van and a Plan. The internet was not in his rearview mirrors when Mana started moving. Other truck companies were in his rear view.
Everything is trackable when lawyers know how to get through the internet maze and virtual walls, moreso when that person, sometimes, turns out to be a competitor using the loaded page to push down their competition’s Search Engine Optimization to push their competition hits down; moreso, the newest business internet disruptor is buying then driving down the TLDs, the Top Level Domains of the competitor, low in Search hit results. There is also the tactic of off stepping the domain name with one alphabetical letter to the right or left of the hit key and/or the alphabet letter itself ie. M becomes N of L.
Moishe’s had been referred to me, word of mouth. It took me forever to find their own site online. In fact, I never did find the real Moishe’s site. I found Moishe’s Moving & Storage contact information on dozens of other sites. Sites using Moishe’s identity blocked me from finding the real Moishe site. These sites were using Moishe’s Moving logo, brand and photos. These faux sites offered people to write reviews for companies without requiring documentation documentation to the fact to prove the ‘reviewer’ was real Moishe client. I had to wade through so many useless sites and popups to find Moishe’s Moving’s original site.
Moishe’s came recommended to me by someone I trust hence I persisted to find the real Moishe site. I was demoralized, over time wasted in a world of SEO, search engine optimization and rankings paid to manipulate a site up or down.’ I was curious how Moishe’s Moving was impacted by the Internet. I asked. Moishe’s Moving dished how Moishe’s Moving is impacted by the Internet. Like everyone outside of Silicon Valley, Moishe’s Moving is impacted by the internet’s intentional destruction of industry, by design.
Moishe’s Moving talked openly to me about their business being harmed by online review sites. Yelp did not get permission from Moishe’s to create the Moishe page. Yelp did not get permission to use Moishe’s trademark or brand. Yelp stole Moishe’s Moving’s identity. Violations of Copyright, Rights of Publicity and Privacy in these posted-review online platforms is rampant. It is no secret that Yelp solicits merchants, selling access to control of the merchant’s identity on Yelp. In the real world, this could be called blackmail or extortion. The FTC investigated Yelp’s practices.
A Virginia court required Yelp to cough up client identities. Yelp argued the defense of 1st Amendment Rights. This smacks of the FTC actions against Spokeo.com. Spokoe took people’s identities, without permission, then built pages with paid access that the named person had to pay Spokeo to enter the site to see what was posted. The FTC determined fraud. Yelp is doing one better, interference with trade. YELP is posting photos of sites interiors, staff and logos, invasions of privacy and trademark and copyright infringement. Still, Senate passed a law, SLAPP!!!!!!
In the world of Silicon Valley’s Internet of Thieves, Yelp, self describes on a PR Newswire blurb, as “a personal recommendation site that takes the power of word-of-mouth and amplifies it, allowing its members and readers find, review and talk about what's great -- and not so great -- in their neighborhood and beyond.” Yelp, founded by Russel Simmons and Jeremy Stoppelman, was backed by PayPal co-founder Max Levchin.
Yelp’s first round seed money was provided by BVP, Bessemer Venture Partners. BVP is headquartered in San Francisco. With offices in Silicon Valley, Boston, New York, Shanghai, Mumbai, and Bangalore, there are more than enough parties with tails to tie together for a wronged retailer to SLAPP back. There is something to be said about Bessemer having a billion dollars of venture funds under management. Bessemer has been investing since 1911. Bessemer knows the ropes. Bessemer is deep pockets to a claimant’s lawyer worth his technology-fighting-back-salt. Over 100 Bessemer companies have gone public including American Superconductor, Ciena, Gartner Group, Ingersoll Rand, International Paper, Maxim, Parametric, Perseptive Biosystems, Staples, VeriSign, Veritas, and W.R. Grace.
Yelp promotes that Yelp is community driven. Not quite. Yelp provides the platform, sort of like real estate landlord provides to a tenant with the rental space being the Yelp landing pages Yelp creates then solicits reviews of. Yelp curates these landing pages for visibility. Yelp pushed forward two Moishe’s Moving, bad reviews. The men from Moishe’s told me Moishe's Moving asked Yelp to give the good customer reviews landing page visibility. Yelp, I was told wanted to sell Moishe’s ‘ad protection’, control of the page if Moishe’s paid. Defamation and libel come with a price tag. Make that used.
Yelp, TOS, Terms Of Service 1B, Definitions, adress "Content": "
- "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Yelp Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Yelp or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Yelp Content."
- "Our Right to Use Your Content
- 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."
- "Responsibility for Your Content
- You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Yelp.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation."
- "Ownership
- 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."
The Senate’s legislation does not temper the tone or truth of a posting. A bad internet reviews, with SEO rankings can be pushed up to ruin a competitors reputation. The bad internet review reaches an unknown amount of person. The Senate Bill gives oversight to the FTC. The House Bill version gives oversight to the DOJ. Neither Bill states the customer is not always right.
Not all online business and customers click.
Kleargear.com sued Jen Palmer over her online posting against them. Kleargears’ Terms Of Service stated users get sued for bad reviews. Palmer still posted her review online. Kleargears sued Palmer. Palmer’s Claim against Kleargear was Palmer being fined for posting a negative review. Palmer sued Kleargear.com and won. Retailers portrayed as the bad guy or not given a fair shake.
CONTENT 5D discloses how Yelp will use posted Content for ADvertising. It says:
- "Yelp and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you."
Yelps TOS 6, "Restrictions" says:
"A. You agree not to, and will not assist, encourage, or enable others to use the Site to:
- (ii) Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- (iii) Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- (vii) Violate any applicable law.
(i) Violate the Terms;
(ii) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Yelp
(vii) Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site.."
Guidelines and Policies says "Content Guidelines
- You represent that you have read and understood our Content Guidelines" followed by a whole lot of lawyer yada yada that bottom line says the Agreement is covered by California Law."
GO MO!!!! Yelp is knowingly infringing your business entity Intellectual Property in each and every local, state, national and international geography where Yelp showcases you, Moishe.
Courts have already ruled on culpability of website owners to submit to jurisdiction stating that WHEN a User must create an Identity coupled with a Password to enter a website then the webhost can be sued in the jurisdiction of each and every user. I just ran out of fingers and toes, Mo Mo, but if you had a good lawyer with patience and strategic thinking in his bag, you would print off (Fair Use For educating the court purpose) each and every place Mo Mo ads appear moreso showing pics of your business unless, you licensed your Brand to Yelp, and/or allowed them to enter your private premises to take photos let alone photos used for commercial purposes.
Ok, remember.... deep pockets, B-E-S-S-E-M-E-R and one or a few others most likely, too.
The Senate bill gives authority to states and to the Federal Trade Commission to take action against the clauses as an unfair or deceptive act or practice. A good lawyer will lay out your case for the FTC but that is only a Regulatory Slap, a waste of government money. A good lawyer will figure out the conveluted TOS Terms is a group agreement to steal from MO and every other retailer out there losing business. You did not work so hard and so long to give it all away for free, is what I say.
A separate House version of the bill gives enforcement authority to the Justice Department. The bill, approved by unanimous consent, was sponsored by Commerce, Science, and Transportation Committee Chairman John Thune (R-S.D.) and is backed by Yelp, Angie’s List and TripAdvisor . The Consumer Electronics Association used R Street, Yelp and Zenefits at Capitol Hill talk to congressional staff, businesses and advocacy groups to push their goal of shutting down client complaints.
No matter, online reviewing is the decision before the trial. That, is not the American ‘day in court’ way. That said, Yelp and Angie’s List reviewers are accountable in the real world, too. Can't wait to hear them squeal when you slapp them back....