Comments on: Ninth Circuit Criticizes Attempts to Plead Around Section 230–Kimzey v. Yelp https://blog.ericgoldman.org/archives/2016/09/ninth-circuit-criticizes-attempts-to-plead-around-secton-230-kimzey-v-yelp.htm Wed, 07 Aug 2019 20:38:00 +0000 hourly 1 By: Yelp law suit https://blog.ericgoldman.org/archives/2016/09/ninth-circuit-criticizes-attempts-to-plead-around-secton-230-kimzey-v-yelp.htm#comment-2363 Wed, 07 Aug 2019 20:38:00 +0000 http://blog.ericgoldman.org/?p=16439#comment-2363 There are numerous false conclusions stated that can be proven false by the evidence. The case should have been appealed En Banc ( before the entire bench instead of a 3 judge panel ) however because of the 30 day appeal period and costs it was not possible.

]]> By: Yelp law suit https://blog.ericgoldman.org/archives/2016/09/ninth-circuit-criticizes-attempts-to-plead-around-secton-230-kimzey-v-yelp.htm#comment-2360 Wed, 07 Aug 2019 01:23:00 +0000 http://blog.ericgoldman.org/?p=16439#comment-2360 The documents and exhibits are in this article, you decide.
https://consumerist.com/2016/09/13/
no-yelps-star-ratings-dont-make-it-liable-for-bad-reviews/#more-10254027

]]> By: Yelp law suit https://blog.ericgoldman.org/archives/2016/09/ninth-circuit-criticizes-attempts-to-plead-around-secton-230-kimzey-v-yelp.htm#comment-2358 Sun, 04 Aug 2019 22:30:00 +0000 http://blog.ericgoldman.org/?p=16439#comment-2358 The lawsuit was specifically filed because of false libelous content Yelp placed on Google’s business directory, next to Redmond Mobile Locksmith’s paid advertising, for the purpose of extortion / shock value / traffic acquisition / financial gain.
Yelp is a ‘website’.
Paragraph one line 5.
Yelp is NOT an ‘Interactive computer service’.
Paragraph 3 line 2.
Definition – A service or system that provides access to the Internet.
Source: CDA Section 230 (f) (2).
Yelp’s false libelous statements on Google were NOT ‘passive’as stated.
Google does not take Yelp’s content.
Ref: Yelp’s S-1 filing and lawsuit exhibits.
The malicious one star rating was NOT an ‘aggregated metric’ as stated.
Yelp’s star ratings are manipulated content created by Yelp.
Ref: ‘Billion Dollar Bully’ documentary.
Sarah K. – Is an Internet spammer / scammer named Mr. Boten Sason.
Ref: lawsuit documents.
The original (same) review had beeen posted on Google a year earlier
by a reviewer shown as ‘Sarah’ with no photo or last name initial.
The review was made about a locksmith internet fraud operation using the name ‘Redmond Mobile’
which is the name that appears in both the original review and the ‘Sarah K’ copy.
Mr. Boten Sason and El-Ad Group / Israel are both connected to the fraud described in the review.
It’s part of a nationwide network.
Yelp had full knowelge.

]]> By: Yelp law suit https://blog.ericgoldman.org/archives/2016/09/ninth-circuit-criticizes-attempts-to-plead-around-secton-230-kimzey-v-yelp.htm#comment-1754 Sun, 15 Jan 2017 06:45:00 +0000 http://blog.ericgoldman.org/?p=16439#comment-1754 The Federal 9th Circuit is complacent on this issue.

]]> By: Yelp law suit https://blog.ericgoldman.org/archives/2016/09/ninth-circuit-criticizes-attempts-to-plead-around-secton-230-kimzey-v-yelp.htm#comment-1749 Sat, 07 Jan 2017 06:14:00 +0000 http://blog.ericgoldman.org/?p=16439#comment-1749 https://m.facebook.com/story.php?story_fbid=10210539713067950&id=1199523339

]]> By: Yelp law suit https://blog.ericgoldman.org/archives/2016/09/ninth-circuit-criticizes-attempts-to-plead-around-secton-230-kimzey-v-yelp.htm#comment-1733 Thu, 17 Nov 2016 20:21:00 +0000 http://blog.ericgoldman.org/?p=16439#comment-1733 Note the Freudian slip, also called parapraxis, (an error in speech, memory, due to the interference of an unconscious subdued internal train of thought.)
“the Internet serves as a “forum for a true diversity of . . . myriad avenues for intellectual activity” and “ha[s] flourished”
The author must have fallen down on the floor in laughter writing this rubbish, haaaaaaaaa[s],
(while trying to explain away libel.)

]]> By: Yelp law suit https://blog.ericgoldman.org/archives/2016/09/ninth-circuit-criticizes-attempts-to-plead-around-secton-230-kimzey-v-yelp.htm#comment-1684 Sun, 16 Oct 2016 20:18:00 +0000 http://blog.ericgoldman.org/?p=16439#comment-1684 The 1996 Internet law ‘CDA section 230’ is obsolete, it no longer serves the purpose for which is was intended, and that purpose was to help the newly created (1996) Internet grow unencumbered by lawsuits. However the unintended consequence (2016), false speech is protected, as long as you can point your finger and say someone else said it, even as in this case, their is no “Sarah K”. Who is “Sarah K”?

]]> By: Barnaby Truhouse https://blog.ericgoldman.org/archives/2016/09/ninth-circuit-criticizes-attempts-to-plead-around-secton-230-kimzey-v-yelp.htm#comment-1659 Sun, 18 Sep 2016 17:55:00 +0000 http://blog.ericgoldman.org/?p=16439#comment-1659 Yelp is complete BS!!! I agree with reviews, and stars, however Yelp hides most reviews left for businesses and promotes only a few! This alters the true star count simply because yelps algorithm (which is apparently un-touchable) does not give merit to certain reviewers based on account activity! (WHICH IS YELP ALTERING THE STAR COUNT, THEREFOR INFLUENCING THE RATING OF THE BUSINESS)

I own a business, and have 9 5 star reviews that are “Not recomended by yelp”, and in order to find these reviews the user would have to click a tiny link simply titled “9 other reviews no recommended by yelp” at the VERY BOTTOM OF THE REVIEWS!!!

HOW IS THIS ALLOWED?!?!

I personally had a customer blackmail my company for free service with threats of “bad reviews” and “destroying us online” if we did not give them free service (over 1,000$ worth of service!), when we denied them, they left a 1 star review and lied about everything, even uploading pictures that were of work not performed by our team! when we reported this to yelp they said basically that they believe the review. THIS IS WHEN I REALIZED HOW NEGATIVE A SITE YELP REALLY IS!!! ANYONE CAN DESTROY ANY OTHER BUSINESS WITH LIES, AND YELP ENABLES THIS! THERE NEEDS TO BE A LEVEL OF GOVERN!

]]> By: Yelp law suit https://blog.ericgoldman.org/archives/2016/09/ninth-circuit-criticizes-attempts-to-plead-around-secton-230-kimzey-v-yelp.htm#comment-1657 Thu, 15 Sep 2016 01:09:00 +0000 http://blog.ericgoldman.org/?p=16439#comment-1657 The reviewer Sarah K was not a customer. Yelp added our business name to a false libelous defaming review and then posted that together with a one star rating next to our paid advertising on Google because we refused to pay $300.00 per month. Yelp manipulates content based on weather a business pays them the money they ask for. Yelp is a modern day extortion racket. If a business is rated 5 stars it is very likely they are paying Yelp monthly. If the business is rated one star they are not paying. The problem is that Yelp publishes their known false content on Google’s business directory next to the business owners business listing, or in this case our paid advertising. Google does not ‘Index’ or take Yelp’s content, Yelp publishes this false content on Google as a shock value promotional gimmic to drive traffic to the Yelp website. We were paying Google $1,000.00 per month for advertising. The false one star rating Yelp posted negated our paid advertising on Google. Yelp’s false content has appeared on Google continueously for 4 years and still appears. What Google doesn’t realize is that we cancelled our advertising program 2 years ago because of Yelp’s false libelous review and phony rating. Yelp calls it ‘freedom of speech’. However business owners accross the US call it libel and extortion. The FTC has received over 2000 complaints from business owners nationwide against Yelp for extortion unfair business practice and false reviews. Read the lawsuit Kimzey v. Yelp Inc. – Opening Brief ( on Google ). Redmond Locksmith / Reddmond Mobile Locksmith has been in business for over 25 years on Seattle’s Eastside and has no customer complaints.

]]> By: Ninth Circuit Upholds CDA Immunity Against Plaintiff's Attempt to "Push[] the Envelope of Creative Pleading" | Inside Privacy https://blog.ericgoldman.org/archives/2016/09/ninth-circuit-criticizes-attempts-to-plead-around-secton-230-kimzey-v-yelp.htm#comment-1656 Wed, 14 Sep 2016 21:01:21 +0000 http://blog.ericgoldman.org/?p=16439#comment-1656 […] from liability relating to an allegedly defamatory user-generated review.  In doing so, the Court rejected several attempts by the Plaintiff to plead around the CDA’s broad immunity provisions by accusing […]

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