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Something that kind of irked me about Jeremy Stoppelman's testimony: He failed to mention that Yelp provides an API and, in essence, gives away their data. If

Something that kind of irked me about Jeremy Stoppelman's testimony: He failed to mention that Yelp provides an API and, in essence, gives away their data. If Google was consuming their API (vs. scraping content directly from their site), would this even be an issue? Let's assume, hypothetically, that Google used the API provided by Yelp to enhance their search results. If Yelp said, "We don't like what you're doing, so stop because we said so", I feel that it would totally be within Googles rights to say, "Fine, we no longer wish to do business with you and will exclude you from our index". Of course, I'm not entirely sure what the Yelp API of 2010 looked like, nor have I read their TOS. However, I still feel that Stoppelman's testimony did more to remove my desire to ever use Yelp than it did to convince me that Google is this big evil monopoly that's destroying the little guy.

vogonj 15y ago
http://www.yelp.com/developers/getting_started/api_terms http://www.yelp.com/developers/getting_started/api_terms http://www.yelp.com/developers/getting_started/display_requirements http://www.yelp.com/developers/getting_started/display_requi... http://www.yelp.com/static?p=tos http://www.yelp.com/static?p=tos "5. Restrictions You agree that you will not, and will not assist or enable others to: ... B. modify the Yelp Content, or use it to update or create your own database of business listing information;" "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, 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." republishing of Yelp's content, except as allowed by its Terms of Use, Terms of Service, and Display Requirements, is against the terms of your agreement with Yelp, and illegal. even though someone grants you an API to remix their data, their intellectual property rights to that data are not waived.
nolliesnom 15y ago
Agree; this strikes me as a kind of anti-trust theater, with two companies that didn't have the foresight to build their own independent branding strategy (nextag) or actually innovate in local search (yelp) complaining about how they are suffering from their own bad business decisions. They put all their eggs in one basket. Whose fault is that? Not Google's!!

vogonj 15y ago

http://www.yelp.com/developers/getting_started/api_terms http://www.yelp.com/developers/getting_started/api_terms http://www.yelp.com/developers/getting_started/display_requirements http://www.yelp.com/developers/getting_started/display_requi... http://www.yelp.com/static?p=tos http://www.yelp.com/static?p=tos "5. Restrictions You agree that you will not, and will not assist or enable others to: ... B. modify the Yelp Content, or use it to update or create your own database of business listing information;" "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, 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." republishing of Yelp's content, except as allowed by its Terms of Use, Terms of Service, and Display Requirements, is against the terms of your agreement with Yelp, and illegal. even though someone grants you an API to remix their data, their intellectual property rights to that data are not waived.

nolliesnom 15y ago

Agree; this strikes me as a kind of anti-trust theater, with two companies that didn't have the foresight to build their own independent branding strategy (nextag) or actually innovate in local search (yelp) complaining about how they are suffering from their own bad business decisions. They put all their eggs in one basket. Whose fault is that? Not Google's!!