Billion Dollar Bully
{{Infobox film
| name = Billion Dollar Bully
| image = "Billion Dollar Bully" movie poster.jpeg
| caption =
| director = Kaylie Milliken
| producer = Kaylie Milliken
Mellissa Wood
| writer =
| narrator =
| starring =
| music = Steve Barkwill
| cinematography = Jon Ingalls
| editing = Steven Sandhu
| studio = Prost Productions
| released = {{Film date|2019|05|21}}
| runtime =
| country = United States
| language = English
| budget =
| gross =
}}
Billion Dollar Bully is a documentary film about Yelp and its alleged business practices. The film was directed by Kaylie Milliken and produced by Prost Productions.[http://abc7news.com/business/yelp-accused-of-unethical-business-practices-in-documentary/567458 Tiffany Wilson, ABC7 News (March 20, 2015)] The film was released on May 21, 2019.{{Cite web|url=https://www.prostfilms.com/blog/the-news-weve-been-waiting-to-deliver/|title = The News We've Been Waiting to Deliver!|date = 2 April 2019}}
Production background
Milliken said that she decided to take on the project when her doctor told her that she had begun seeing negative Yelp reviews for her practice that she was unable to reconcile with actual patient visits, and that she had become convinced that some of the reviews were fictitious when a complaint was posted describing symptoms she had never seen in her practice.
Business Insider reported that on the day following the film's initial press release and Kickstarter campaign, Yelp stock declined by 4% in afternoon trading.
The Hollywood Reporter announced on August 12, 2015, that public relations specialist Michael Levine, would become the executive producer for Billion Dollar Bully. Levine has represented 58 Academy Award winners, most notably including Charlton Heston. The film has an unspecified budget, and some backers were requesting that they remain unnamed.{{cite web | url =http://www.hollywoodreporter.com/news/yelp-accused-mob-like-behavior-814981
| title = Yelp Accused of Mob-Like Behavior in Upcoming Documentary| last = Bond| first = Paul| date =12 August 2015|work=The Hollywood Reporter| access-date= 14 August 2015| archive-url =https://web.archive.org/web/20150814184533/http://www.hollywoodreporter.com/news/yelp-accused-mob-like-behavior-814981| archive-date= 14 August 2015| quote =}}
Yelp response
An unnamed spokesperson for Yelp, commented to Business Insider, "The director has a conflict of interest, as she has a history of trying to mislead consumers on Yelp. There is no merit to the claims they appear to highlight, which have been repeatedly dismissed by courts of law, investigated by government regulators, including the FTC,FTC Document - 5,392 Complaints against Yelp / Extortion / Libel / Unfair Business ...
https://www.muckrock.com/foi/united-states-of-america-10/how-many-ftc-complaints-against-yelp-as-of-july-2016-26665/#file-103928 and disproven by academic study." Milliken, however, has since responded to Yelp's allegations, citing the fact that the reviews in question had appeared before she and her husband were married and that repeated reviews were submitted due to a misunderstanding.{{Cite web|url=http://www.eater.com/2016/7/21/12248622/yelp-film-billion-dollar-bully|title = An Exclusive Look at 'Billion Dollar Bully', a Film About Yelp|date = 21 July 2016}}
Legal background
In Levitt v. Yelp! Inc. (2011), Judge Edward Chen, found that removal of positive reviews, or re-ordering of reviews, fell within the Section 230 of the Communications Decency Act's "traditional editorial functions." Additionally, the firm's motive and ethical underpinnings are irrelevant under Section 230's editorializing allowance. Judge Chen concluded: "The Ninth Circuit has made it clear that the need to defend against a proliferation of lawsuits, regardless of whether the provider ultimately prevails, undermines the purpose of section 230."
This judgment was appealed, and in 2014 the Ninth Circuit Court of Appeals found that businesses do not have a pre-existing right to have positive reviews, and that "threatening economic harm to induce a person to pay" therefore was not extortion under California law. In its primary ruling, the court held that, "We conclude, first, that Yelp’s manipulation of user reviews was not wrongful use of economic fear, and, second, that the business owners pled insufficient facts to make out a plausible claim that Yelp authored negative reviews of their businesses. Accordingly, we agree with the district court that these allegations do not support a claim for extortion."(p. 12) Secondarily, "In sum, to state a claim of economic extortion under both federal and California law, a litigant must demonstrate either that he had a pre-existing right to be free from the threatened harm, or that the defendant had no right to seek payment for the service offered. Any less stringent standard would transform a wide variety of legally acceptable business dealings into extortion."[http://cdn.ca9.uscourts.gov/datastore/opinions/2014/09/02/11-17676.pdf Levitt v. Yelp! Inc., 765 F.3d 1123 (9th Cir. 2014)](p. 18)
Eric Goldman, writing for Forbes Magazine, explains that extortion by economic threat is a narrow construct and that this ruling only addresses extortion.{{cite magazine|last1=Goldman|first1=Eric|title=Court Says Yelp Doesn't Extort Businesses|url=https://www.forbes.com/sites/ericgoldman/2014/09/03/court-says-yelp-doesnt-extort-businesses/|accessdate=27 August 2015|magazine=Forbes Magazine|date=3 September 2014}} Other 2014 pending cases against Yelp included false advertisement,{{cite magazine|last1=Goldman|first1=Eric|title=Does Yelp Have The 'Most Trusted Reviews'? A Court Wants To Know More|url=https://www.forbes.com/sites/ericgoldman/2014/07/30/does-yelp-have-the-most-trusted-reviews-a-court-wants-to-know-more/|accessdate=27 August 2015|magazine=Forbes Magazine|date=30 July 2014}} and securities fraud.{{cite news|author1=PRESS RELEASE |title=Robbins Geller Rudman & Dowd LLP Files Class Action Suit against Yelp Inc. |url=https://www.wsj.com/article/PR-CO-20140806-914864.html |accessdate=27 August 2015 |publisher=The Wall St. Journal |date=6 August 2014 |url-status=dead |archiveurl=https://web.archive.org/web/20140808222719/http://online.wsj.com/article/PR-CO-20140806-914864.html |archivedate=August 8, 2014 }}
After the Federal Trade Commission revealed a number of complaints, shareholders are taking Yelp to court, claiming Yelp artificially inflated the price of stock for its executive's benefit.
The Class Action lawsuit,[https://www.ftc.gov/system/files/attachments/frequently-requested-records/yelp-foia-2014-00610.pdf Federal Trade Commission class action lawsuit] being led by investor Joseph Curry, focuses on Yelp's "first-hand" reviews. The suit says Yelp required businesses "to pay to suppress negative reviews," and then lied about the practice.
Crowdfunding campaigns
Billion Dollar Bully surpassed its initial Kickstarter funding goal of $60,000 by 150%. Subsequent campaigns were held during the production phase, including an Indiegogo campaign.{{Cite web|url=https://www.indiegogo.com/projects/billion-dollar-bully|title = Billion Dollar Bully}}
References
{{reflist|refs=
{{cite web|last1=ZARA|first1=CHRISTOPHER|title=Filmmaker interviews businesses who say Yelp blackmailed them|url=http://www.businessinsider.com/filmmaker-interviews-businesses-who-say-yelp-blackmailed-them-2015-3|accessdate=14 April 2015|website=Business Insider|date=11 March 2015|archiveurl=https://web.archive.org/web/20150414231050/http://www.businessinsider.com/filmmaker-interviews-businesses-who-say-yelp-blackmailed-them-2015-3|archivedate=14 April 2015|quote=Kaylie Milliken: I was at a doctor about a year ago, and she started telling me about her experiences with Yelp. The more she talked about it, the more my jaw just kind of dropped. I knew that they had aggressive sales people -- my husband is a small-business owner and he’s complained before about how pushy they can be. But then she started telling me about receiving reviews, really negative reviews by clients, and she couldn’t figure out who these clients were.}}
{{cite web|last1=UDLAND|first1=MYLES|title=Yelp shares are getting whacked and traders are pointing to this documentary project on Kickstarter|url=http://www.businessinsider.com/yelp-billion-dollar-bully-documentary-2015-3|accessdate=14 April 2015|website=Business Insider|date=19 March 2015|archiveurl=https://web.archive.org/web/20150414225537/http://www.businessinsider.com/yelp-billion-dollar-bully-documentary-2015-3|archivedate=14 April 2015|quote=Yelp shares were down as much as 4% in afternoon trade on Thursday, and traders are pointing to this Kickstarter project seeking to fund a documentary showing alleged abuses by the customer review service.}}
}}
External links
- [https://www.youtube.com/watch?v=l2dkJctUDIs Trailer at YouTube]
- [http://www.prostfilms.com Prost Productions website]
- {{IMDb title|4645636}}
- [http://www.webpronews.com/billion-dollar-bully-documentary-takes-on-yelp-extortion-claims-2015-03 Chris Crum, Web Pros News (March 19, 2015)]
- [http://sanfrancisco.cbslocal.com/2015/03/26/yelp-plays-defense-billion-dollar-bully-film-nears-kickstarter-goal-kaylie-milliken "Yelp Plays Defense as 'Billion Dollar Bully' Nears $60,000 Goal", CBS KPIX 5 Local (March 26, 2015)]
Category:Documentary films about the Internet
Category:American documentary films
Category:Kickstarter-funded documentaries
Category:Documentary films about business
Category:2019 documentary films
Category:2010s English-language films