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Google Rival Yelp Claims Search Giant Broke Promise Made to Regulators (wsj.com)

Online-reviews firm Yelp alleged that Google is breaking a promise it made as part of a 2012 regulatory settlement to not scrape content from certain third-party sites including Yelp, escalating its yearslong battle against the search giant. Yelp said in a letter late Sunday to Federal Trade Commission Chairwoman Maureen Ohlhausen that Google is using Yelp photos for local-business listings in its search results, despite Yelp's formal request that Google not pull such content from its site. From a report: As part of a December 2012 settlement to end an FTC investigation into Google, the tech giant agreed to not use content, including photos and user reviews, from third-party sites that opted out of such scraping. Google's commitment lasts through 2017 and applies to a variety of its products, including its local-business listings. "This is a flagrant violation of Google's promises to the FTC, and the FTC should reopen the Google case immediately," said Luther Lowe, Yelp's public-policy chief. Yelp has emerged as a leading critic of Google because the site believes the search giant unfairly uses its influence to stifle competitors.

61 comments

  1. Promises? by Anonymous Coward · · Score: 0

    Google's promises. HA!

    1. Re:Promises? by Anonymous Coward · · Score: 0

      yelp is still a thing? in 2017???

  2. How about a robots.txt file? by TheSunborn · · Score: 1

    Hu? I see nothing in the yelp.com/robots.txt file which prevent google from accessing the site. Did I miss something someware?

    1. Re:How about a robots.txt file? by Rockoon · · Score: 2

      Yes, you missed the part where Google copied their images and serves them up themselves as part of Googles shopping network, an act of questionable legality if it werent for the court order demanding they stop doing it at the request of businesses regardless of the acts legality.

      --
      "His name was James Damore."
    2. Re: How about a robots.txt file? by Anonymous Coward · · Score: 0

      What is the robots.txt command for "index my site, but don't steal my images".

    3. Re:How about a robots.txt file? by TheSunborn · · Score: 1

      But where is the request not to do it? I don't see it in their robots.txt file (That is where you put that kind of requests).

    4. Re: How about a robots.txt file? by TheSunborn · · Score: 1

      Hey, language please.

      But they point is: Why did they not put their formal request where you put that kind of things: robots.txt

    5. Re:How about a robots.txt file? by Albanach · · Score: 1

      The actual complaint seems to be that Google are using images from Yelp in search results and from there as links back to Yelp.com

      For example, A search for "brooklyn zoo williamsburg" shows the interior of the building as one of the photos. If you click that image, Google says it came from Yelp and if you click the image it takes you to the Yelp page for Brooklyn Zoo.

      It seems Yelp is concerned that it's not adding value beyond what the Google search already delivered and so folk won't click the image.

    6. Re: How about a robots.txt file? by TheSunborn · · Score: 3, Informative

      According to the rfc (http://www.robotstxt.org/norobots-rfc.txt) That would be something like

      Disallow: *.png
      Disallow: *.jpg

      which google does support last time i checked. (Which is more then a year ago, but still).

    7. Re: How about a robots.txt file? by Anonymous Coward · · Score: 0

      Also this:

      User-agent: Googlebot-Image
      Disallow: /

    8. Re:How about a robots.txt file? by AVryhof · · Score: 1

      If I had mod points, I would mod this informative.

      If they simply used a robots.txt, and Google still scraped their site, they would be able to sue for hacking. They would also be able to use the DMCA to have the results removed.

      Whether what Google did was ethical or not, it could have been prevented with 2 to 4 lines of code.

      As for court orders, if their developers were competent enough to use a robots.txt file, they could have saved a ton of time/money/and all of our time reading about it on Slashdot.

    9. Re: How about a robots.txt file? by Anonymous Coward · · Score: 0

      it's apparently ok for all other search engines, besides google, to index yelp. because if they didn't want anyone to do what they're complaining about, they use the correct language in robots.txt. this is clearly a grudge against google.

    10. Re:How about a robots.txt file? by Altrag · · Score: 1

      In a court document somewhere.

      Not to mention robots.txt doesn't do the right job. Yelp doesn't want Google to stop indexing their site, they just want Google to stop using their content for their quickboxes and other places where a (potential) user might get the information straight from the search page without clicking through.

      I don't know how legitimate Yelp's complaint is in this case, but I'm sure if they could get what they wanted with a simple robots.txt tweak, they would have already done so.

    11. Re: How about a robots.txt file? by easyTree · · Score: 1

      Dude. Meatspace!

    12. Re:How about a robots.txt file? by kiminator · · Score: 1

      I think they want Google to index their pages, to drive traffic from Google users to Yelp. But they don't want Google to be showing Yelp images to represent businesses on Google properties. I don't think robots.txt provides enough subtlety for this distinction.

  3. Yelp got Yelped by mccrew · · Score: 3, Funny

    I'm sure that this could all be worked out if Yelp just purchased some advertising space on Google.

    --
    Hey, Windows users, there is no such thing as "forward" slash, there is only slash and backslash.
  4. Pot. Kettle. Black. by Anonymous Coward · · Score: 0

    Karma Yelp, karma.

  5. Google plays God by Anonymous Coward · · Score: 0

    That's because it's owned fully by the CIA

  6. Don't be evil by sdinfoserv · · Score: 2

    Funny, actually sad, considering Google Corporate motto. Add Google trying to patent public domain technology,
    https://www.bleepingcomputer.c...
    1/2 of their revenue coming from the US Government & military, (aka, selling YOU the user out)
    http://politicalblindspot.com/...
    Google is just a company, like most corporations today. There is little concern about people, it's all about profit. If people get hurt, so what as long as investors get a return.

    1. Re:Don't be evil by fustakrakich · · Score: 1

      Google is just a company, like most corporations today. There is little concern about people, it's all about profit. If people get hurt, so what as long as investors get a return.

      Remember, capitalism is all about what the *market will bear*. And the "market" has no respect for the individual, never did. It is a collective, like communism, and Google et al is the politburo

      --
      “He’s not deformed, he’s just drunk!”
    2. Re:Don't be evil by Anonymous Coward · · Score: 0

      Bullshit.

      Google was funded by the fucking CIA. Our tax dollars at working helping corporations succeed at beating other corporations. *cough* Auto bailouts *cough*.
      Does that sound like capitalism to you? Because if it does, you're fucking stupid.

    3. Re:Don't be evil by fustakrakich · · Score: 1

      Despite your lame trolling there, yes, that is capitalism. Government is just another player, more of a servant to our corporate friends than master. That's why they get bailed out. Don't want that campaign funding to dry up now, do we?

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:Don't be evil by Anonymous Coward · · Score: 0

      You do know that google dropped "Don't be evil" back in 2014 right?
      Alphabet now has "Do the right thing" as it's motto.

    5. Re:Don't be evil by Anonymous Coward · · Score: 0

      I don't see how we're naming and shaming Google for this when Google actually does a lot of good for local businesses by providing listings for them in Maps and having their photos show up in search results, completely free of charge, while Yelp does a lot of bad for local businesses by extorting payment in order for positive reviews to be more visible than negative reviews, in addition to making their sales team very aggressive to the point of breaking the FTC's do-not-call rules in the process of asking for payment.

      https://marketingland.com/ftc-discloses-small-business-complaints-yelp-79113

      I honestly have very little sympathy for Yelp.

    6. Re:Don't be evil by Anonymous Coward · · Score: 0

      We have got the little postcards from Yelp. We haven't returned them. We don't want to get caught in that mess.

    7. Re:Don't be evil by sdinfoserv · · Score: 1

      I knew the "don't be evil" was dropped. Doesn't change the irony.
      As far as "do the right thing", who defines "right"? "Right" in a moral, political or financial sense? It's still just smokescreen to try and mask they're just spy's selling your personal information.

  7. Non paywalled link by Albanach · · Score: 3, Informative

    Same topic from a non-paywalled site. For the four /. readers that read the summary and the article.

    1. Re:Non paywalled link by antdude · · Score: 1

      I am one of the 4 /. readers. ;)

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
  8. Does Yelp own the copyright to those photos? by Solandri · · Score: 1

    Or have people who uploaded those photos to Yelp also uploaded them to Google? I've noticed Google Maps has been pretty aggressive lately asking for photos of places I've visited. Considering Yelp doesn't pay their contributors, it's reasonable to assume contributors are very altruistic people who will honor Google's request and upload their photos there too.

    1. Re:Does Yelp own the copyright to those photos? by Albanach · · Score: 2

      No, this is Google copying the photos. If you click on the photos in question, Google says the image came from Yelp and if you click the image for more information, it takes you off the Google domain and back to yelp.com

      Here's an example. Click the image showing the interior with purple mats.

  9. Yelp's days are numbered by freeze128 · · Score: 1

    Yelp must be complaining because it knows its days are numbered. If the 2012 agreement only lasts through 2017, then what happens in a few months? Google will steal *ALL* of Yelp's assets, and probably introduce their own product to put Yelp out of business.

    1. Re:Yelp's days are numbered by djsmiley · · Score: 1

      If that's true, it's even funnier that they are scrapping the fact they produce the yellow pages in the uk, becoming a 'online only' company.

      I presume this is the same company that published the yellow pages....

      --
      - http://www.milkme.co.uk
    2. Re:Yelp's days are numbered by HornWumpus · · Score: 1

      Who trusts Yelp now? It's not like their business model is a secret. Would you trust a company that openly extorts business' and is known to hide bad reviews for cash?

      That said it's exactly the same business model as 'better business bureaus' so who knows. People are stupid.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  10. simple by kiviQr · · Score: 1

    simple solution - can we just scrape Yelp?

    1. Re:simple by faedle · · Score: 1

      Only off of my boot heel.

    2. Re:simple by nwf · · Score: 1

      simple solution - can we just scrape Yelp?

      I think they are doing that themselves. We were on vacation and were looking restaurants recently. The ratings on Yelp are almost totally useless anymore. Any one star review seems to be excluded (under "not recommended reviews"), and two restaurants (say a fast food burger joint and a high-end dinner place) will be rated the same. That's just useless.

      Zagat was more useful, but since Google purchased them, they've languished. Perhaps after the legal agreement with Yelp is over this year, Google will put significant resources behind Zagat and wipe out Yelp once and for all.

      --
      I don't know, but it works for me.
  11. In other words by 93+Escort+Wagon · · Score: 2

    Website known for behaving unethically complains (legitimately) about other website behaving unethically.

    --
    #DeleteChrome
  12. How to de-google the planet? by wjcofkc · · Score: 0

    I remember when Google was the coolest thing. It was apparent that they would one day rule our lives. Most people, including myself, could not wait. Now that it is here, it sucks. I fell for it. I got duped by them like a few billion others. To their credit, Google did advance technology and our lives in many ways. In many ways we would not have leapt as far as fast as we have over the last decade and half without them. Now it is time for Google to step aside. It is time for Google to fail, and maybe even die. I think of all the "to big to fail" tech giants that have fallen flat on their face over the last 20 years. Google destroyed them all. Now that Google is too big to fail, I suspect their evil ways will be their own demise.

    Eventually a smartphone/device/whatever will come along and whack Google over the head. This type of change none of us see coming until it happens.

    Now that Cortana and Alexis are getting married, I would like to see Samsung get in on that with Tizen. A Microsoft\Amazon\Samsung phone sounds insane, but Microsoft (despite their mobile failing) and Samsung both have experience in mobile OS design. Meanwhile Amazon has... Well, Amazon has Amazon. It sounds like a train wreck, this is true, but I would like to believe something would come out of such a cooperation and be good. I can dream. Meanwhile, people who used to gush over Google - people like me - have been turning to Bing and Yandex in protest. Just a few years ago, I remember someone mentioning that they used Bing. Everyone in the room laughed at them. These days it's not so funny. With a company the size of Google, they should not have an average employee age of 29 - they do. And they are a bunch of fucking SJWs with forced "integration" policies that discriminate based on age, skin color, and gender. All in the most warped of ways. So yeah, this is a rant

    If this post gets modded at all, it will be interesting to see which way it goes. A few years ago it would have been flamebait.

    --
    Brought to you by Carl's Junior.
    1. Re:How to de-google the planet? by pak9rabid · · Score: 1

      Eventually a smartphone/device/whatever will come along and whack Google over the head. This type of change none of us see coming until it happens.

      You mean like the iPhone did in 2007?

    2. Re:How to de-google the planet? by freeze128 · · Score: 1

      Who is Alexis?

    3. Re:How to de-google the planet? by alexo · · Score: 2

      The TL;DR version: you cannot wait for the current evil corporate overlord to be replaced by another (probably worse) evil corporate overlord.

    4. Re:How to de-google the planet? by Anonymous Coward · · Score: 1

      How this will potentially happen, with contributions from the participants:

      Samsung: The phone itself, the operating system, position as the top smartphone manufacturer
      Microsoft: Office and related software, connections to enterprise industry, the existing vendor lock-ins they have created
      Amazon: Superior logistics, banning competing devices or making them cost more, especially if they manage to get into a near-monopoly in the future

      This has the potential for killing Google and replacing it with something that is vastly worse, even for non-technical end users.

    5. Re:How to de-google the planet? by Khyber · · Score: 2

      She sounds hot. I wonder if she likes bareback.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  13. All your content are belong to us by Crashmarik · · Score: 1

    No real surprise from google, that they think "What's mine is mine, and what's yours we can talk about"

  14. A tough choice by taustin · · Score: 2

    Who do I root for? This is like having to choose whether to live next door to a child molester or a telemarketer.

    1. Re:A tough choice by Anonymous Coward · · Score: 0

      A telemarketer is just an employee doing a job. A child molester is an evil person that can actually affect the security of you and your family (not just your children ... since you never know when a trigger happy parent / family member / former victim will show up and start shooting at random angles).

      In this case, the child molester is Google.

    2. Re:A tough choice by taustin · · Score: 1

      So you're OK with Yelp suppressing good reviews and refusing to remove libelous ones unless they're paid? That's just "an employee doing their job"?

    3. Re:A tough choice by Anonymous Coward · · Score: 0

      I'd rather live next to a child molester than a telemarketer. The recidivism rate is lower than any other crime and most aren't actually molesting children either nor a real risk. Telemarketers on the other hand are all scum and disrupt a lot of people's lives. Most so called sex offenders are just caught up in fictional war to 'protect' our children. There are almost no actual child molesters on the sex offender lists and even those that do exist usually aren't molesting other peoples kids- it's a crime of convenience rather than paedophilia. Dad rapes daughter after mom dies sort of deal. The lists are mainly made up of young people whom are not permitted to consent of a similar age, kids sexting, college kids pissing in garbage cans, and paedophiles caught looking at child porn. That's what makes up about 2/3rds of the people on these lists.

  15. Re:Google stold our work. by jiriw · · Score: 2

    It sucks your music got 'stolen', however, if you publish something on the internet, and this is true for anything published on the internet (as for anyone available without a restriction to authenticate), consider, by default, it will be handled as if in the public domain. Everyone can do whatever they like to do with it. This includes Google. This is because the internet is an open medium and if you want restrictions, you have to implement those yourself. You can't expect someone else to do that for you (unless you pay them or otherwise incentivize them). And you can't expect to just post something on the internet and then others magically not using it if it doesn't fit your wishes, but do use it if it does.

    If you don't want your content to be used by everyone, and I expect you want to, else you wouldn't have bothered to post, there are a few simple steps to take.

    In case of 'normal' users you can do various things. For example, use authentication mechanisms (a site login?) to prevent unauthorized access. This also prevents automatic scrapers, like search engines from taking your content, unless you explicitly allow them or your authentication mechanism is crappy and easily circumvented (in which case you have a lousy webdeveloper). Urge your users to not copy your work and publish it on other websites (and if they will, urge your rights representative to act on your behalf or send out DMCA requests to prevent linking to these illegal copies).

    In case of search engines and other automatic scrapers, set your robots.txt appropriately. On my sites, as far as I know, robots.txt is honoured pretty well by the 'usual' search engines. I do sometimes see scrapers of questionable origins in the webserver logs. Those I just IP-ban. Nothing else can be done about that...

    If you have done these things and your music is still being copied by Google/Bing/etc. then you have a point. By the way, copying and deep-linking are two entirely different beasts altogether. If you don't want to be deep-linked that's a wholly different story and another can of worms if that's considered EVIL or not. For example, most news paper publishers seem to HATE citation-and-deep-linking with a vengeance because they fear loss of advertisement revenue. But they still want to be found on the entire contents of their articles... In my opinion that's a have a cake and eat it situation... You can't force a search engine to both make your articles searchable but then withhold the searcher a proper link, so they have to navigate through your advertisements/payment model to eventually be able to reach the article they searched for. It's either good searchability 'for free' (in quotes because, of course, the search engines have their own business model, else they wouldn't exist at all) and 'free' content for the searchers or provide your own searcher (and do your own promotion to attract a public) and have a pay/advertisement-wall you can generate revenue from.

  16. Google rival? by unixisc · · Score: 2

    Also, since when did Yelp become a 'Google rival'? I can understand that said about Bing or DuckDuckGo or Apple, but Yelp!? Nah!

    1. Re:Google rival? by kiminator · · Score: 1

      Google and Yelp are direct rivals in the narrow field of searches/ratings for businesses, especially restaurants. Obviously Yelp is not a rival in many of the other areas that Google operates in.

  17. The Other Way Around by Anonymous Coward · · Score: 0

    Our brick-and-mortar store can be searched on Google and Yelp.
    We supplied an image to Google. They show that and a street view image when you search.
    We supplied nothing to Yelp. I assume they copied it from Google without our or Google's permission.

  18. How do you... by easyTree · · Score: 1

    ...stop a giant evil snowball from rolling over your village?

    I'll throw in hot sauce as a starter.

  19. Do no evil? by Anonymous Coward · · Score: 0

    So much for doing no evil..

  20. Re:Google stold our work. by Altrag · · Score: 1

    Nice rant. Too bad its completely wrong. Just because we treat everything on the internet as public domain doesn't mean it IS public domain. The only reason you and I don't get sued for copyright infringement is because we're too small to matter -- even the recording industry has kind of backed off suing thousands of John Doe's at a time because its too futile to warrant the bad PR and are focusing more on things like torrent sites (which is also pretty futile but at least they can name some defendants and try to win at whack-a-mole rather than hoping the entire country will happily give up our privacy for their benefit. At least when we give up our privacy to Facebook we get a social media site to use. When we give it up to the government we get some security theater to make us feel warm and fuzzy.
      Giving it up to the RIAA gets us nothing.)

    Google however is not too small to go after. So they get targeted when they do wrong, and rightfully so. So far their indexing has been mostly ruled under fair use, with some restrictions on the size of the snippits they can use in their results view and things like that. Its not really clear how, or if, that kind of "snippit" logic will apply to images since its not anywhere near as easy to identify a representative chunk of an image in the same way that you can identify sentence structure and grab the first paragraph of a block of text or the first 10 seconds of a video or the 113th page of a book or whatever.

  21. Stop being a kid by Anonymous Coward · · Score: 0

    So a thief (who broke laws) cannot call the police after getting beaten up?

    Calling out others' mistake when being accused of wrongful behavior is what kids do. Adults consider the act itself to determine if it was right or wrong.

    If Google promised regulators not to do one thing, and then got caught doing exactly that thing, they should be called out for it, no matter who they did it to.

  22. Yet the Yelp monopoly protects the Google monopoly by mike2006 · · Score: 1

    I would have more respect for Yelp's complaint if they just blocked Google and other monopolies altogether. They however exclusively only allow Google and other monopolies to crawl their site while blocking everyone else. Talk about hypocrisy.

    Look at their robots.txt file. They only allow monopolies to crawl their site and for everyone else there is this big FU:

    User-Agent: *
    Disallow: /

    I and others have dealt with them directly on this to get this changed for text but no luck.

  23. I have come back to see my score. by wjcofkc · · Score: 1

    and see clearly that we live in 1984.

    I wish the best for the human species. Yet, I have no faith.

    --
    Brought to you by Carl's Junior.
    1. Re:I have come back to see my score. by wjcofkc · · Score: 1

      I don't think you people know what is at stake. You mod me down for Google, who's fate we will take. Alternate ideas have no business here. It is our future that is at stake. When we are mindless robots, worshipping the faith, remember here and now it was............ comment deleted.

      --
      Brought to you by Carl's Junior.