Thu Jan 15, 2009 3:05PM EST
See Comments (29)
Still playing catch-up from the big news that broke while no one was watching at CES. This one is one of the more chilling happenings in the tech world in recent weeks: A user on the popular user reviews website Yelp was sued by a chiropracter for whom he left a publicly-viewable nastygram. The case was settled shortly after the news hit, but the fact that it was brought in the first place -- and the aftermath of the case -- are still decidedly unpleasant.
The backstory: San Francisco resident Christopher Norberg didn't much care for his experience at the hands of chiropractor Steven Biegel, so he went to Yelp to leave a negative comment about the incident (primarily involving the billing process). Biegel sued for defamation, and Norberg panicked, putting up a website asking for help defending himself.
Shortly after the news broke on the web -- although the defamation case was actually filed in early 2008, it took nearly a year to make headlines -- the case was abruptly settled. The terms are confidential, but Norberg replaced both the website and his original Yelp comment with a note about a vague "misunderstanding between both parties" and encouragement for "the internet community to act responsibly."
While everyone's happy that a trial was avoided, the results are still bittersweet for free speech advocates. In the end, it feels a lot like Norberg was successfully bullied into withdrawing a valid complaint about the way he was treated by Biedel's business. This of course isn't the first time the courts have been involved in online commentary disputes. The most notable involves a 2006 case on eBay -- though I can't find any record of how that case ever turned out. Another similar eyebrow-raiser was also filed a couple of weeks ago, as a Canadian model sued Google over comments on its Blogger service that described her as, among other epithets, a "horsey face."
Will lawsuits become the norm for those unhappy with commentary posted online? Sound off in the comments section with your thoughts, but don't say anything bad about me -- I'll sue you!
Join in the discussion. Here you'll see the comments in the order they were posted.
I think IIRC the guy kinda said negative stuff like, "he used mercury on my sons filings" when he signed something saying that he would consent to have that done on his kid and misunderstood some of the billing charges, so he complained and said he had been cheated. I dont know about you, but thats borderline libel if not already. I justify removing the guys comments when he puts up a negative review because of his lack of knowledge on the subject. That review can cost the business potential customers.
nolo_8 Your comment does not enlighten about what happened in the Chiropractor case. I agree with dcsoccer25 that's it's a free speach issue. If there's a billing issue, one ought to be able to tell their friends digitally. Why would your comment say, "I THINK the guy KINDA said negative STUFF...?" You haven't made a case here man!
The company that sues a customer for any reason will not receive my business.
There's a difference between a negative comment and libel. Since no one reading this post seems to know anything about the case, I'm not sure that it's "a serious violation of free-speech rights." If someone lies about you or your business on a public site, that's not free speech; it's illegal. That's why someone can sue me for saying something untrue about someone that hurts them or their business. That law protects them and you. However, I do think Yelp is a completely idiotic site, and I wish to heck they'd shut it down and all the unemployed Yelpers would get their a$$es back to Peets so they can serve me some coffee on my way to my real job.
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1 Posted by dcsoccer25 on Thu Sep 3, 2009 3:39PM EDT Report Abuse
That sounds like a serious violation of free-speech rights. I can't believe he was bullied into withdrawing a valid complaint. This just shows how corrupted corporate America has become. Death to big business! (I jest) But really, a serious violation of free-speech.