News for hackers. Stuff that matters.
Re:Groupon sales rep threatens restaurant with negative Yelp... by baddox on Saturday August 17, 2013 @02:09PM (#6229808)
Does that act that's being threatened have to itself be illegal in order for the threat to qualify as extortion? Yelp reviews aren't illegal.
Re:Groupon sales rep threatens restaurant with negative Yelp... by greenyoda on Saturday August 17, 2013 @03:06PM (#6229966)
I don't think the act has to be illegal. For example, if I threaten to tell someone's wife that he's having an affair unless he gives me money, I think that would qualify as extortion. The language of the law doesn't say anything about the act being illegal:

"Extortion is a criminal offense of unlawfully obtaining money, property, or services from a person, entity, or institution, through coercion."

"Which Kinds of Threats are Illegal? One common characteristic of extortion is the use of threats, that is, an express intention to inflict injury, loss, or some other bad consequence on another person."

Re:Groupon sales rep threatens restaurant with negative Yelp... by ulisesrmzroche on Saturday August 17, 2013 @03:58PM (#6230175)
Threatening to hurt someone's reputation qualifies as extortion though, and the victim doesn't have to necessarily go along with it for it to also qualify as coercion. He actually did hurt their reputation, so technically, the restaurant can call the law right now and get this dude to spend a night in bookings, but, I don't see this really getting there and I don't think it should be.
Re:Groupon sales rep threatens restaurant with negative Yelp... by baddox on Saturday August 17, 2013 @09:08PM (#6231111)
Perhaps you're right, although that law doesn't make a lot of sense to me. Firstly, that first definition uses "unlawfully," which sounds circular to me. And if I'm understanding that description correctly, basically, you can't inform anyone that they have any incentive to do anything you desire. Bosses wouldn't be able to threaten to fire someone if they continue showing up to work late. Restaurant patrons couldn't threaten to leave a (only one) negative review if their service is poor.

I'm generally not a fan of laws banning blackmail, when the threat is not itself illegal. I find it odd that it would be perfectly legal for me to tell my neighbor's spouse that he is having an affair, or to request money from my neighbor, but it would be illegal for me to request money from my neighbor and promise to tell his wife about his affair if he declines. I'm not generally a big fan of Walter Block's approach to libertarianism, but this is his argument, and I do agree with it: http://mises.org/journals/jls/15_2/15_2_2.pdf.

Re:Groupon sales rep threatens restaurant with negative Yelp... by greenyoda on Sunday August 18, 2013 @04:14AM (#6232074)
"Bosses wouldn't be able to threaten to fire someone if they continue showing up to work late."

The employer is paying the employee to provide a service according to rules that both parties agreed to when the employee was hired. Insisting that they show up on time isn't coercing the employee, since it's something they freely agreed to as a condition of their employment.

"Restaurant patrons couldn't threaten to leave a (only one) negative review if their service is poor."

The restaurant patron is paying to be served, so they wouldn't be getting something they're not already entitled to by threatening to leave a bad review.

"but it would be illegal for me to request money from my neighbor and promise to tell his wife about his affair if he declines."

The difference here is that you're trying to force your neighbor to give you something you're not entitled to (his money) by threatening to do something bad to him. It's different from the boss or restaurant patron, who are demanding services that they've paid for.

Re:Groupon sales rep threatens restaurant with negative Yelp... by baddox on Sunday August 18, 2013 @05:07PM (#6234240)
Yes, I'm well aware of your descriptions, which is precisely my point. The description of extortion given above would include the first two things.
Re:Groupon sales rep threatens restaurant with negative Yelp... by greenyoda on Sunday August 18, 2013 @11:16PM (#6235422)
I think that's not true, due to the presence of the word "unlawfully". An employer or restaurant patron receiving the services that they paid for is not unlawful. However, taking money from your neighbor that he doesn't want to give you is unlawful.
Re:Groupon sales rep threatens restaurant with negative Yelp... by baddox on Monday August 19, 2013 @05:39PM (#6240074)
But that part is circular. I want to know if a given act is unlawful.
Re:Groupon sales rep threatens restaurant with negative Yelp... by SimHacker on Sunday August 18, 2013 @07:35AM (#6232383)
Maybe he's the one who's having an affair with his neighbor's wife, and he paid her for it, but wasn't satisfied?
Re:Groupon sales rep threatens restaurant with negative Yelp... by mbreese on Saturday August 17, 2013 @04:06PM (#6230196)
It could also be considered tortuous interference if they are intentionally trying to disrupt the business of someone. In this case, if the sales rep did somehow get people to leave many negative Yelp reviews, that could be considered interfering with the business.

All in all, it seems like just another bad PR day at Groupon.

Re:Groupon sales rep threatens restaurant with negative Yelp... by unclebucknasty on Saturday August 17, 2013 @11:37PM (#6231537)
I thought tortious interference only applied to contracts?
Re:Groupon sales rep threatens restaurant with negative Yelp... by ulisesrmzroche on Saturday August 17, 2013 @03:51PM (#6230163)
No, the platform doesn't matter. It's about the act of forcing someone to do something against their will by threatening them that is illegal.