I don't see how that's relevant at all. Google gave them the option of not being indexed. They decided they would rather be indexed by Google than not. The complaint that TripAdvisor doesn't get precise, fine-grained control over what Google does with its index seems like a fairly different issue.
TripAdvisor says "Google, don't copy our reviews for Google places."
Google says "The only way we won't copy your content is if you opt-out of completely."
TA says "We can't do that, you're the only search engine there is."
Google just laughs maniacally.
http://www.tnooz.com/2010/12/08/news/google-places-blocked-f... http://www.tnooz.com/2011/01/11/news/tripadvisor-content-on-...