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Originally Posted by Sil_liS
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The accusation wasn't dismissed; she lost a jury trial. Which suggests that there was at least some doubt in the contract language.
While I think the jury *probably* reached the right verdict here (although I don't know much about the case other than what I've read in the linked articles), it's less of an easy case than people are making it seem, due to the misleading "age discrimination" title as well as due to the fact that there is something like imdp-pro.
If you hire an ad agency to run a promotion to help your restaurant and they add to the commercials information about health department citations your restaurant has received in the last couple of years, you can clearly bring an action against the agency for including the health department citations, even though they are publicly available.
Similarly, if you hire a publicist and the publicist spreads damaging information about you, there has clearly been some kind of breach in this case, too.
So I can see why Hoang might have thought that when she signed up for imdb pro (which states on their website: "Your IMDb page is your industry calling card. Put your best face forward.), that it might give her some control over what went on her page, like an ad would. Why pay otherwise? And what are you paying for?
Presumably, those questions were answered at trial. But I had no idea that imdb was anything but an ad-supported database of movie information (not that I looked into it at all), so I do think it was kind of sailing close to the line. (Although it was never a million dollar line they were sailing close to...).