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Re:EFF Responds to Bird's Legal Threats to Boing Boing by jzl on Friday January 11, 2019 @05:42PM (#18887899)
So, simple question, but: what is the legal reason I, not a customer of Bird and having never signed an EULA in their app, can't just take a Bird scooter off the street and just keep it in my house, even as decoration without modifying it? What law protects a business model that relies on leaving property all around town, completely unencumbered? (I know about the police auctions, but that's not the question here.)
Re:EFF Responds to Bird's Legal Threats to Boing Boing by dcosson on Friday January 11, 2019 @08:56PM (#18889011)
Wait til you learn about cars!

People literally leave them all around the city, for hours or even days at a time. Completely unencumbered as well, and taking up prime public space that could be used by the public in so many other ways. You just need a jack and a tow truck, you can go around collecting as many as you want and keep them. They've been abandoned after all, because someone has walked away from them.

(Obviously sarcasm, but as a non-car-owner I get a kick out of people freaking out about these scooters taking up public space. Meanwhile every street in the city is full of cars with one person in them and has two lanes of free or heavily subsidized parking. It's clearly a massively less efficient use of public space, and no one ever talks about that).

Re:EFF Responds to Bird's Legal Threats to Boing Boing by thaumasiotes on Saturday January 12, 2019 @10:39AM (#18891589)
As far as I'm aware, your parent's question is fundamentally in error -- the legal reason you can't take Bird's scooter is that it belongs to Bird. This is the same reason you can't take anything else; there's no conceptual difference.

Whereas with cars, there is a special legal difference which allows tow trucks to confiscate random people's cars even though the cars are neither the property of the tow truck owner nor abandoned. Cars do not enjoy any special privileges. They are the subject of a special legal burden.

To take possession of a Bird scooter, you'd first need to establish that it was abandoned property, which seems like it would be difficult to do. But maybe it's easy! Consult your local law of abandoned property.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by tylerl on Saturday January 12, 2019 @03:33AM (#18890325)
Cars are explicitly licensed by the government (for a fee) to use the government-owned roads and resources, and specific laws exist about leaving a car parked on one of these roads (where and how long). Similarly cars left on private property need to be left there with permission of the property owner. Otherwise fines and removal occur, and yes, eventually you DO lose ownership of the vehicle.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by tapland on Saturday January 12, 2019 @07:46AM (#18890958)
The same roads that everyone else also pay for via taxes (car owner targeted taxes and fees are nothing comared to road costs) and can use freely with any vehicle. Vehicles that are more or less taxed.

Try a bike. Try a skateboard.

The roads are not there for cars, they existed prior, and the car owners are not what is paying for our roads.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by syshum on Saturday January 12, 2019 @10:12AM (#18891456)
>>(car owner targeted taxes and fees are nothing comared to road costs)

This is actually false if add all taxes related to cars (which would include sales taxes on cars, repairs, and parts)

When most people say that they only account for gasoline taxes, often even excluding the Fuel taxes collected by the Commercial Fuel tax programs as they are accounted for differently.

Yes Gasoline Taxation on gas does not equal road maintenance, but all taxation on cars does meet and and often exceed the road costs

Re:EFF Responds to Bird's Legal Threats to Boing Boing by ranrotx on Friday January 11, 2019 @10:17PM (#18889365)
Car owners pay registration fees and and gas taxes for the privilege to use the public roadways. Bird and the like just dumped their property (which makes them money) on public right-of-ways without paying for the use like every other industry does.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by SECProto on Saturday January 12, 2019 @01:27AM (#18890032)
That is not so easy to say, the division of taxes/cost vary by jurisdiction. Where I live, gas taxes go to provincial government which maintains only highways. Municipalities have to build/maintain urban roads, and their only funding source is property taxes (which are paid by everyone, regardless of car ownership (or scooter club membership))
Re:EFF Responds to Bird's Legal Threats to Boing Boing by dcosson on Friday January 11, 2019 @11:41PM (#18889690)
I've heard this argument before too that Bird is a private, for-profit company. The company itself isn't riding around on the scooters, real people are riding them to solve real transportation needs. I don't see why it matters what kind of payment plan they're on for their transportation. Should leased cars not be allowed on the road either?

Not sure where to start about taxes, but for one thing we came pretty close to repealing the gas tax in CA a few months ago so that doesn't seem to be a necessary condition. And some people just happen to pay almost no property tax at all because they got here first (prop 13) but they still get access to all the same schools and fire and police services. Taxes are paid by the public at large, to benefit the public at large, you're not paying for the specific services you're using when you pay taxes. In fact it's exactly the opposite, these things are public goods.

In addition as other comments mentioned, the scooter companies are paying registration fees and taxes. At least in some cities, and I'm sure if they stick around it'll soon be in all cities.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by gnicholas on Saturday January 12, 2019 @12:05PM (#18892062)
> but for one thing we came pretty close to repealing the gas tax in CA a few months ago

That was a recent increase to the gas tax that was up for repeal, not the whole gas tax.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by geomark on Friday January 11, 2019 @10:39PM (#18889462)
Yeah, parent comment neglected the fact that drivers are paying via taxes and fees. Those may not be sufficient to pay for external costs, but that's how the roads are typically paid for.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by stouset on Saturday January 12, 2019 @12:29AM (#18889850)
Roads are paid for, in large majority, by property taxes. Gas taxes and registration fees don’t even come close to half.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by Latteland on Friday January 11, 2019 @11:39PM (#18889686)
You might be paying taxes and fees to license them but you could well have paid nothing to that city. I can drive through your city (unless you have tolls or entry passes, but the vast majority of cities don't have those). I can just use your streets for free.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by geomark on Saturday January 12, 2019 @12:34AM (#18889868)
There are federal, state and local taxes on transportation fuels. So sure, if you drive through the city without filling up your car there then you got a free ride on that city's roads, but not the state and interstate highways leading to it. But that's one of those things that averages out due to large numbers, and where it doesn't there is usually some rebalancing of revenues by government entities.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by mbreese on Friday January 11, 2019 @11:45PM (#18889705)
State routes? You probably are driving on a state route to/from that city. Also, cities can get funding from the state for road projects, so they do get access to this pool of money.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by late2part on Friday January 11, 2019 @10:51PM (#18889507)
By this logic people shouldn't be able to walk on streets, nor ride their bicycles, nor drive in places we haven't paid taxes?
Re:EFF Responds to Bird's Legal Threats to Boing Boing by stouset on Saturday January 12, 2019 @12:29AM (#18889853)
If it were correct. The overwhelming majority of road costs are paid through property taxes.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by lsc on Saturday January 12, 2019 @04:13AM (#18890413)
where I live, a car, even a large one, is like $200/yr to register. If you want a bedroom the size of a car? you'd pay more than $1000/month.

so while they are licensed, they are certainly not paying market rates for the use of these right of ways.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by lsc on Saturday January 12, 2019 @05:56AM (#18890684)
This is why it is so much cheaper to live in a roadgoing vehicle than to live in a similarly sized rental room in spite of the hugely lopsided maintenance cost difference between the two options.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by badwolf on Friday January 11, 2019 @11:14PM (#18889598)
in Austin they (Bird/Lime/Uber/Lyft/etc...) pay a license fee to the city.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by throwawaymath on Saturday January 12, 2019 @12:47AM (#18889913)
> Obviously sarcasm, but as a non-car-owner I get a kick out of people freaking out about these scooters taking up public space. Meanwhile every street in the city is full of cars...

I don't follow...these things aren't comparable. Cities have developed a common infrastructure over decades to facilitate car ownership and usage in everyday life. While they may do the same with rental bikes and scooters in the future, they have not yet done so.

We also have a rich body of legal literature pertaining to car ownership, storage, usage and property laws. Likewise, we don't yet have those precedents for rental scooters stored on sidewalks. What we do have is a rough patchwork of sidewalk and property laws we can try to extrapolate from. How's that for efficiency?

That you get a kick out of peoples' dissatisfaction about this, for the reason you stated, suggests to me that you don't actually understand why they're upset. I don't think most people are strictly concerned about how literally space-efficient the scooters are; rather that they have a tendency to be parked on a sidewalk. People would get pretty upset if cars were suddenly parked on sidewalks without oversight too.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by eridius on Saturday January 12, 2019 @01:34AM (#18890052)
If you don't like the car analogy, how about bikes? After all, kick scooters are parked in the exact same section of the sidewalk that bikes are (the "furniture zone"), and are frequently even locked to bike racks.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by vanderZwan on Saturday January 12, 2019 @05:35AM (#18890622)
Visit the Netherlands, a society where bikes dominate, and you'll see how that is handled.

For example, in many cities once every week every bike parked in a public area is labelled with a little color ribbon. The colors rotate according to a fixed schedule, so that it can be verified if a bike has been parked for more than two, three, four weeks. If a bike has been left unattended for more than N weeks (where N can vary) it gets towed away. They all get stored someplace out of town, and once a month the bikes that haven't been reclaimed for M months get sold for cheap.

In other words, there are systems for how long you can leave your property unattended in public before it ceases to be your property.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by thaumasiotes on Saturday January 12, 2019 @10:45AM (#18891628)
I'm curious about the dominance of bikes in the Netherlands from a different direction.

The primary reason there's no system for handling abandoned bikes in the US is not that nobody uses bikes. Bikes aren't especially common, but the issue of an abandoned bike isn't going to come up -- ever -- because of the extreme frequency of bike theft. An abandoned bike will quickly be stolen, just like a non-abandoned bike. Bird's scooters don't have this problem because they're tracked. But the background reality of bicycles may contribute to jzl's (false) impression that you should be legally able to just take scooters that aren't locked down.

How much of an issue is bicycle theft in the Netherlands? How long would you expect to be able to own one before having it stolen?

Re:EFF Responds to Bird's Legal Threats to Boing Boing by vanderZwan on Saturday January 12, 2019 @11:21AM (#18891822)
Years ago I saw somewhere that an estimated two million bikes are stolen each year on a population of (then) fifteen million people. So that averages out to once every seven years if everyone rode bikes, but if we remove the really young and old that's probably closer to once every six years.

This does not represent my experience at all, I've had bikes stolen once every three years on average. It won't surprise you that students learn to buy very cheap second-hand bikes with very big bulky locks really quickly here.

On the plus side, I've never been worried about junkies mugging me. They steal/sell bikes for drug money instead, and I honestly wonder if that is a uniquely Dutch thing.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by jdeibele on Saturday January 12, 2019 @12:57PM (#18892373)
On the west coast, bike theft is common. Junkies and/or homeless people steal them and sell them for parts. Or change parts around and paint them so they can't be identified.

Also, there's supposed to be organized rings where bikes stolen in Portland are trucked to Seattle (so they're much harder to identify as stolen) and vice-versa.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by Dylan16807 on Saturday January 12, 2019 @04:25PM (#18893364)
Don't the scooters generally get rounded up to recharge every couple days? That sounds like a good system but I don't understand how it's relevant.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by vanderZwan on Sunday January 13, 2019 @03:58PM (#18898642)
I wouldn't know, I'm not in a place where Bird operates. But it was just an example - if it is like you say, it sounds like a different type of system should be put in place instead (probably some form of licensing).
Re:EFF Responds to Bird's Legal Threats to Boing Boing by throwawaymath on Saturday January 12, 2019 @02:16AM (#18890142)
The bike analogy seems more applicable, yeah.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by DowsingSpoon on Saturday January 12, 2019 @02:08AM (#18890121)
Bikes are parked on bike racks, which is to say, in a place designed to store bikes. Scooters are parked — rather, strewn — across the side walk chaotically with no regard for those of us actually trying to walk there.

Sometimes scooters are parked on the side of the road. Sometimes scooters are parked in a ditch beside the road. Bikes rarely are.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by thaumasiotes on Saturday January 12, 2019 @10:50AM (#18891659)
> Bikes are parked on bike racks, which is to say, in a place designed to store bikes.

Speaking from my experience in Shanghai, where bicycles are common, there's no such thing as a bike rack. (Well, I have seen racks for rental bikes. But none for individually-owned bicycles.)

Rather, supermarkets, university buildings, apartment complexes, and other places which are likely to receive a lot of incoming traffic have bicycle parking lots, and if you're somewhere else, you park on the sidewalk.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by Tsubasachan on Saturday January 12, 2019 @06:42AM (#18890793)
Isnt it the job of the government to make sure there is infrastructure in place for bicycles and motorcycles? That is what they did for cars after all.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by Broken_Hippo on Saturday January 12, 2019 @04:51AM (#18890510)
Bike racks? Really? I've never lived in a town that had them until my current city - and even then, there are really only in areas with enough traffic for them.

Scooters can be parked at bike racks. Are there enough bike racks to park the scooters at the bike racks? would the situation be similar if all of those scooters were bicycles or if bicycles were as cheap as scooters?

Re:EFF Responds to Bird's Legal Threats to Boing Boing by User23 on Saturday January 12, 2019 @02:01AM (#18890107)
Stealing is stealing, regardless of whether the property is unattended. There are legal procedures for abandoned property however.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by throwawaymath on Saturday January 12, 2019 @02:12AM (#18890134)
I'm not talking about stealing. I'm talking about the commenter's perspective I quoted.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by will_brown on Saturday January 12, 2019 @11:53AM (#18891995)
>Obviously sarcasm, but as a non-car-owner I get a kick out of people freaking out about these scooters taking up public space. Meanwhile every street in the city is full of cars

There are laws for cars including but not limited to federal highways laws, state/city/county/municipal traffic laws and parking laws. Those laws authorize what you refer to as “leaving them around the city”, you can only leave your car around the city if it’s in compliance and authorized by the law, the Law often specifically penalizing leaving your car in certain situations (ex. in front of fire hydrants; in handicap spaces without permits; in traffic lanes). Their are no laws blankety authorizing scooter companies to adbadon and/or sell their products/goods/services on public sidewalks or roadway. Generally speaking most states/counties/cities/municipalities will have laws specifically prohibiting the same subject to various penalties without prior authorization, permits, etc... consider the number of stories in recent years about kids lemonade stands being shutdown and fined for operating without licenses.

Depending how old you are you might remember pay phones, phone booths, or coin operated newspaper stands...definitely you are probably familiar with atms and vending machines. What if a “tech startup” just started cluttering streets and sidewalks with those. That too would be illegal and not at all similar legally to cars being “left around the city”. Maybe another example is farmers markets, think if a “tech company” just started setting up farmers markets wherever they wanted without prior authorization.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by User23 on Saturday January 12, 2019 @02:00AM (#18890099)
> You just need a jack and a tow truck, you can go around collecting as many as you want and keep them. They've been abandoned after all, because someone has walked away from them.

As anyone who has had their car towed when it was legally parked (buddy of mine once got towed from his own assigned spot) this is pretty much spot on. The difference is so far Bird isn't ransoming their property back.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by dman on Friday January 11, 2019 @09:13PM (#18889098)
If people were leaving cars on sidewalks and beaches I could see similar levels of outrage.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by talltimtom on Saturday January 12, 2019 @04:50AM (#18890508)
If you park a car at a random spot it will get towed. Are there really scooter parking spots put up by the city, and are bird paying parking fees?
Re:EFF Responds to Bird's Legal Threats to Boing Boing by thaumasiotes on Saturday January 12, 2019 @10:53AM (#18891670)
> If you park a car at a random spot it will get towed.

As I point out in another comment, this is not because being located in a random spot is sufficient to establish that an item is abandoned property. (If it were, the tow truck company would be legally entitled to keep your car!)

Rather, there is legislation which specifically allows towing of cars in certain areas, subject to certain rules. There is no such legislation for scooters.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by stjohnswarts on Saturday January 12, 2019 @04:32AM (#18890457)
It's great that you don't own a car. Cars are a part of modern day life. Some of us don't want to go without one though. The non-car owners will just have to deal with it. All the cars are in legal spaces. I don't even really have a problem with the scooters either, they're kind of fun to tool around on the weekend when I park my car somewhere downtown and want to run around and experience the city.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by e40 on Saturday January 12, 2019 @09:01AM (#18891175)
The parking spaces for cars are specifically marked by the city.

Your sarcastic analogy would make sense if people just parked cars anywhere they wanted without repercussions.

I would have no problem if the city took away parking spots for cars and said park them there.

I wish I could give you more than 1 downvote.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by donaltroddyn on Saturday January 12, 2019 @10:47AM (#18891638)
> The parking spaces for cars are specifically marked by the city.

Is that true in the US?

In Ireland, by default you're allowed park on the side of the road. There are exceptions, ie you can't cause an obstruction to traffic, block an entrance, park where road markings prohibit it, or within certain distances of a junction. However, if none of the above apply, you don't need to find a marked parking space - you can just park.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by e40 on Saturday January 12, 2019 @12:38PM (#18892258)
Of course it is true. The curbs are painted colors to let you know if you'll get a ticket and signs are posted.

Most cities in the US make big money off parking violations.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by notatoad on Saturday January 12, 2019 @12:16AM (#18889802)
Apparently people don't like the cars argument, so let's try bikes instead. If I leave my bike locked up outside somewhere, and you cut my lock and take it home, that's theft. You can't just steal bikes because they've been left on public land.

My property doesn't cease to be my property just because it isn't on my land. Registration or licencing doesn't come into it. "Finders keepers" is not a law.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by twtw on Saturday January 12, 2019 @11:29AM (#18891871)
> You can't just steal bikes because they've been left on public land

What is the anticipated solution when you leave your bike on my private land? I've seen loads of bird scooters left on private property, and I don't see what the property owners are supposed to do. Call the police every time?

Re:EFF Responds to Bird's Legal Threats to Boing Boing by notatoad on Saturday January 12, 2019 @01:00PM (#18892387)
If somebody has abandoned their property on your property and you want it gone, you can move it off your property. But it still doesn't become yours, and you definitely don't need to call the police about it. Going back to the car analogy, if i park my car in your private parking lot, you can have it towed. It doesn't become your car. Same with a bike - you can move it off your property, but you can't steal it, because that would be stealing.

Is there some sort of mental block happening here where people are forgetting how the world works because they hate scooters so much, or do you guys really not understand the fundamentals of property law and common sense?

Re:EFF Responds to Bird's Legal Threats to Boing Boing by twtw on Saturday January 12, 2019 @05:49PM (#18893770)
> you can move it off your property

And where should I put it? I don't want it on the sidewalk, and I don't want it in mystreet. I can't put it in the trash because it's someone else's property. That's essentially what I meant by "anticipated solution."

Note I never suggested it would become mine, so a good portion of your comment is responding to someone else. And I'm not sure who you are referring to by "you guys," but I can honestly say I have never before been in a situation prior to these scooters that someone just left their valuable stuff on my private property and I had to deal with it. Are there equivalents to towing companies I can call for random valuable crap that belongs to someone else?

Re:EFF Responds to Bird's Legal Threats to Boing Boing by vanderZwan on Saturday January 12, 2019 @06:37AM (#18890776)
Re:EFF Responds to Bird's Legal Threats to Boing Boing by test6554 on Saturday January 12, 2019 @02:24AM (#18890169)
Yea, people who know of property rights can get pretty disgusted at people who don't.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by rebuilder on Friday January 11, 2019 @05:45PM (#18887916)
Wouldn't that be the same legal reason you can't just take any scooter off the street and keep it in your house?
Re:EFF Responds to Bird's Legal Threats to Boing Boing by jzl on Friday January 11, 2019 @05:48PM (#18887941)
But, why not? Let's say a (regular) scooter or even bicycle has been sitting on the sidewalk for a couple of days. Is it illegal for me to consider it abandoned and just take it? Consider the case of an item that actually is abandoned. Don't property owners have some amount of legal responsibility to not leave an item in public unlocked? Granted, "unlocked" might be the key. You can't ride a Bird scooter without the app. But it isn't exactly locked in the same way as a bicycle.

[Downvoters: I'm not saying that I think I should be able to grab a Bird off the street, I just want to hear the legal explanation of how this works.]

Re:EFF Responds to Bird's Legal Threats to Boing Boing by dragonwriter on Friday January 11, 2019 @06:17PM (#18888151)
> Let's say a (regular) scooter or even bicycle has been sitting on the sidewalk for a couple of days. Is it illegal for me to consider it abandoned and just take it?

In California, if you find it and choose to take charge of it, you become a depositary for the legal owner. Additionally, if it is worth $100+, and you can't locate and return it to the owner within a reasonable period, you are required to turn it into the police or sheriff depending on the jurisdiction in which it was found. It may become yours if the owner doesn't claim it from the police/sheriff within 90 days, with some additional requirements if it is worth more than $250.

If it was intentionally abandoned by the owner this doesn't apply.

EDIT: Source, Civil Code § 2080 et seq..

Re:EFF Responds to Bird's Legal Threats to Boing Boing by gamblor956 on Friday January 11, 2019 @06:26PM (#18888206)
The legal argument of course is that Bird has intentionally abandoned their scooters in the public way, and this is the general consensus of my many friends in the local DA offices. (Translation: they don't think it's a crime and they won't prosecute any such cases even if for some reason someone is ticketed or arrested for it.)
Re:EFF Responds to Bird's Legal Threats to Boing Boing by dragonwriter on Friday January 11, 2019 @06:41PM (#18888297)
> The legal argument of course is that Bird has intentionally abandoned their scooters in the public way, and this is the general consensus of my many friends in the local DA offices. (Translation: they don't think it's a crime and they won't prosecute any such cases even if for some reason someone is ticketed or arrested for it.)

They clearly haven't abandoned them as that applies generally to property; if you are in fact charging rental fees, you haven't intentionally relinquished the right to control something, as you are exercising that right by charging others for the right to temporarily exercise some portion of it.

There may be rules regarding public rights of way which impact this, though the US Ninth Circuit Court of Appeals has already rejected the claim that property left unattended on a public sidewalk is therefore abandoned and subject to deprivation when the City of Los Angeles used that as an excuse to take the goods belonging to the homeless without due process, so I think what is really going on in those DAs offices is people have made the decision “we don't like what Bird is doing so we aren't going to enforce the law when people commit crimes against them.”

https://caselaw.findlaw.com/us-9th-circuit/1611251.html

Re:EFF Responds to Bird's Legal Threats to Boing Boing by gamblor956 on Friday January 11, 2019 @07:42PM (#18888635)
As discussed elsewhere, that case is not applicable. Bird has left their former property on the public right of way intending to others to use it. If they are not locally permitted to do so, then this act constitutes abandonment. If they are permitted to do so, prosecutors won't prosecute.

In contrast, the homeless person has not left there property around for the express purpose of letting others use it.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by dragonwriter on Friday January 11, 2019 @08:08PM (#18888769)
> As discussed elsewhere, that case is not applicable. Bird has left their former property on the public right of way intending to others to use it.

Intending to rent it to others for use, yes.

> If they are not locally permitted to do so, then this act constitutes abandonment

No, it doesn't. It may constitute violation of whatever ordinance does not permit it, but the Lavan v. LA case is directly on point, that whatever regulatory powers local jurisdiction has, a property owner not intending to entirely relinquish control has not abandoned (and the state cannot without violating the due process clause of the 14th amendment treat them as having abandoned) property merely because it is unattended on a public way in violation of some local control. (They may have the right to take the property with due process from the person who remains, until that process has been given, the owner, but that's a remedy against the owner, not abandonment by the owner.)

Re:EFF Responds to Bird's Legal Threats to Boing Boing by gamblor956 on Tuesday January 15, 2019 @11:53AM (#18912543)
While the law is generally built upon extending similar cases to novel situations, you're stretching too hard here to bring in case law that is too easily distinguishable from the matter at hand.

While I concede that your position is correct academically, I've successfully argued my position in court several times (pro bono, since I only take on criminal def when I believe in the case), so I'm confident that my position is correct where it matters.

And if you're ever actually practiced in the California court system, you would know that you only need to convince a single appellate judge statewide to make valuable precedent. (Because in California, a lower court can follow the precedent of any higher California appellate ruling.)

Re:EFF Responds to Bird's Legal Threats to Boing Boing by briandear on Friday January 11, 2019 @08:21PM (#18888839)
So if ZipCars are parked in a public parking lot, can we steal those under that logic? How about city-owned bike share bikes?
Re:EFF Responds to Bird's Legal Threats to Boing Boing by justizin on Friday January 11, 2019 @08:50PM (#18888983)
both of those cases are permitted, ZipCar explicitly rents spaces which are marked as theirs. I'm also not sure they use public parking lots, I've only encountered them in private lots and garages.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by gnicholas on Saturday January 12, 2019 @01:56PM (#18892671)
I wonder what the FMV is of a Bird scooter. These things cost about $500 new (just guessing please feel free to correct me), and with charger. But used it would be maybe $200-$300 depending on battery and aesthetic condition, and without any warranty. And then without the charger it would be worth somewhat less. Probably still over $100, but perhaps not that much.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by jzl on Friday January 11, 2019 @06:27PM (#18888216)
Useful answer, thanks!
Re:EFF Responds to Bird's Legal Threats to Boing Boing by cortesoft on Friday January 11, 2019 @06:04PM (#18888064)
It depends on the jurisdiction, but a lot of places have laws around found property... often a finder would have rights to truly abandoned property, but there are usually laws in place that establish a procedure for determining if something is truly abandoned or just lost/misplaced/stolen.

Usually that process involves turning the property in to the government, and waiting some period of time for the original owner to claim it. If it is not claimed, it would become yours.

I don't know of any law that requires property on public space to be locked. There may be laws saying you can't leave property in public for more than a certain amount of time, but I am pretty sure none of those would allow anyone to just take the property.

https://www.law.cornell.edu/wex/lost_property

https://www.law.cornell.edu/wex/abandoned_property

Re:EFF Responds to Bird's Legal Threats to Boing Boing by grkvlt on Monday January 14, 2019 @04:40AM (#18901850)
In the UK there is the crime of 'Theft by finding' [0] when you find something you think is abandoned and take it, but do not do anything to determine if it really was abandoned, as opposed to lost, unattended, etc. The Wikipedia article suggests similar offences exist elsewhere...

0. https://en.wikipedia.org/wiki/Theft_by_finding

Re:EFF Responds to Bird's Legal Threats to Boing Boing by chipotle_coyote on Friday January 11, 2019 @06:03PM (#18888051)
Yes, it is illegal for you to consider it abandoned. In the US, at least, "abandoned" has a specific legal meaning which involves intent: "Abandoned property refers to any personal property left by an owner who has intentionally relinquished all rights to its control. When property is intentionally abandoned, it belongs to no one until it is found and when it is found, the title (ownership) transfers to whoever finds it and possesses it with the intent to take ownership."

https://www.legalmatch.com/law-library/article/abandoned-per...

Property owners don't have any legal responsibility not to leave an item in public unlocked. That might be careless, but it's not illegal.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by gamblor956 on Friday January 11, 2019 @06:17PM (#18888152)
In the US, at least, what constitutes "abandoned" property differs from state to state and even within the states at the county/municipality level.

If Bird leaves a scooter in the road, for someone else to use, they have relinquished the right to control the device, and it is thus abandoned; the alternative is that they are deliberately littering or committing various other property infractions or misdemeanors.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by bdowling on Friday January 11, 2019 @06:44PM (#18888325)
Bird clearly maintains the right to control the device because it unlocks the scooter to be used by customers and causes a light to blink so it can be found by "chargers" at the end of the day.

Regarding statutory violations, first of all Bird is probably not littering because the scooters are (arguably) not trash. Second, where the scooters are impounded by cities and other municipalities, it is for parking violations or other statutes against them. As a private citizen, you would have no more right to take their scooter than you would to take my car that was illegally parked.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by dragonwriter on Friday January 11, 2019 @06:30PM (#18888227)
> If Bird leaves a scooter in the road, for someone else to use, they have relinquished the right to control the device, and it is thus abandoned

No, if they are charging use fees, offering money for people to choose charge them, etc., they have not relinquished all rights to control.

> the alternative is that they are deliberately littering or committing various other property infractions or misdemeanors.

That's a big false dichotomy.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by Latteland on Friday January 11, 2019 @11:41PM (#18889695)
You can argue that, but you can't just go around stealing things that are sitting on the street or sidewalk. Can you take the doormat outside a door on a building? Or take a sign on the sidewalk? No. Take a sign that the city has left just screwed into a metal pole?
Re:EFF Responds to Bird's Legal Threats to Boing Boing by jalgos_eminator on Friday January 11, 2019 @06:04PM (#18888056)
If its not yours, you can't take possession of it. Just because it is currently resting on a sidewalk doesn't mean that it is any less the property of someone. Besides, most cities have a formal process to determine if a vehicle really is abandoned.

My neighbor has a sign on the dash of his van explaining that it is in working condition, is able to be moved, and is definitely not abandoned. Obviously he got complaints from other neighbors in the past about it.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by gamblor956 on Friday January 11, 2019 @06:19PM (#18888160)
Cars are very different from scooters; not in the least because cars are individually identified and licensed.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by Dylan16807 on Friday January 11, 2019 @06:30PM (#18888231)
What nonsense is this? A license plate affects ownership law? The scooters can be individually identified too.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by gamblor956 on Friday January 11, 2019 @07:49PM (#18888680)
The point was that leaving a vehicle in a parking space is not an indicator of abandonment because ownership of a vehicle is based on registration, not physical possession. The same is not true of scooters, and that makes all the difference.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by Dylan16807 on Friday January 11, 2019 @08:04PM (#18888750)
Registration is for tracking ownership, paperwork that is filed up to a month after ownership changes. It doesn't create ownership.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by arkades on Friday January 11, 2019 @10:01PM (#18889308)
The short version is:

Every state has regulations on the exact process by which private individuals can be deprived of their property rights due to "abandonment." Not a single one of those regulations is as straight-forward as "finders keepers."

Re:EFF Responds to Bird's Legal Threats to Boing Boing by rdiddly on Friday January 11, 2019 @06:49PM (#18888351)
On the one hand you have property rights, which some siblings of my current comment argue are inalienable concerning the scooter. "Don't touch my stuff!"

On the other hand you have the ground occupied by or encumbered by said property, which is also property, owned by somebody, often the public, and likely intended for some other purpose besides storing your property. "Don't make your stuff our problem!"

Different places balance the two interests in different ways. Most provide some legal framework or mechanism by which your private property rights can become subordinate to public property rights, i.e. your property is declared abandoned, or simply seized based on a nuisance or safety argument.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by rebuilder on Friday January 11, 2019 @05:58PM (#18888015)
I think this would be a jurisdiction-specific question. Where I live, you are not entitled to just keep found items, but should return them to lost and found instead.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by throwaway98434 on Friday January 11, 2019 @06:04PM (#18888059)
Generally speaking theft requires an intent to deprive an owner of property. It's a crime to take my bike intending to deprive me of it, but it's not a crime to take my bike while attempting to return it to me.

Property owners do not have any obligation to lock up their items.

There are sometimes very specific laws regarding found property when the owner cannot be located, generally these involve turning the property over to the state first.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by e1ven on Friday January 11, 2019 @05:58PM (#18888016)
Abandoned property laws vary by jurisdiction. Typically they involve reporting it to the police/authorities.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by gamblor956 on Friday January 11, 2019 @06:13PM (#18888123)
No, because if a scooter is just left lying around on the street it is abandoned property and so generally there is no law against taking it.

Which is the same problem that Bird is facing--in cities where they aren't actually permitted by the appropriate authority (city, county, etc.), Birds are abandoned property. In cities where they have been granted a permit to conduct business activities, the question is more nebulous, but thus far DAs are decisively on the side of not treating it as a crime.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by praneshp on Friday January 11, 2019 @07:40PM (#18888627)
> No, because if a scooter is just left lying around on the street it is abandoned property and so generally there is no law against taking it.

Is there a citation for this in CA? can you just take abandoned property and claim it as yours without a single paperwork step?

Re:EFF Responds to Bird's Legal Threats to Boing Boing by tln on Friday January 11, 2019 @08:57PM (#18889016)
Are parked cars also abandoned then?

I'm not so sure scooters with GPS tracking and contractors looking for them would be considered abandoned in the eyes of the law, even if they have been left in an unpermitted location.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by CodeWriter23 on Friday January 11, 2019 @09:22PM (#18889138)
Usually after a certain time frame, for example 3 days in LA, the car is considered abandoned. Fortunately my neighbors don’t dime me for those weeks I stay in code rushing.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by cabaalis on Friday January 11, 2019 @09:36PM (#18889194)
I don't live in LA, but surely that doesn't make the car publicly available for taking. It would be impounded or something, with the owner having to pay to retrieve it.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by social_quotient on Saturday January 12, 2019 @07:19AM (#18890886)
I think the key issue is around “abandonment” which requires a bit of “intent”. These guys intend to go and pick these up. The same is true for a car as other pointed out but more importantly when I park my car I intend for it to be where I left it.

“In law, abandonment is the relinquishment, giving up or renunciation of an interest, claim, civil proceedings, appeal, privilege, possession, or right, especially with the intent of never again resuming or reasserting it. Such intentional action may take the form of a discontinuance or a waiver.“

-It would make cool artwork! -I dislike seeing scooters strewn about all over the city.

Re:EFF Responds to Bird's Legal Threats to Boing Boing by kragen on Saturday January 12, 2019 @10:11AM (#18891453)
I'm definitely not going to leave my laptop on the table while I go to the bathroom if you're in the café. And I'm definitely not going to invite you into my office or my house, ever.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by peterwwillis on Friday January 11, 2019 @07:34PM (#18888590)
Can you take a random UHaul truck off the street and keep it in your garage? You can find those things all around town.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by Balgair on Friday January 11, 2019 @07:45PM (#18888654)
Look, I'm not gonna say that it's super-duper legal to do what you are saying.

But (in SF at least) walking by Civic Center BART on Market Street, in broad daylight, you can gawk at least 10 homeless people per hour shooting up black tar heroin directly across from about five or more uniformed SFPD officers and then witness no arrests for such flagrant behavior [0]. Hell, if you've not seen a homeless person shit in the middle of the street on a Tuesday, you need to get out more.

Like, Bird/Lime/whatever may be sending out these notices to Cory Doctorow's blogosphere Zeppelins [1], but ain't no cop in SF (and likely in nearly every other city in the US) is EVER going to prosecute you for making a cheapo scooter into a vase for growing your weeds in. Like every single other person that isn't on the books at these scoot companies (and ~90% of the people in them anyway), all members of the legal system have better things to worry about.

[0] https://www.sfchronicle.com/bayarea/article/A-Bay-Area-New-Y...

[1] https://xkcd.com/345/

Re:EFF Responds to Bird's Legal Threats to Boing Boing by olalonde on Saturday January 12, 2019 @01:15AM (#18890000)
In the unlikely case this was a genuine question, property law.
Re:EFF Responds to Bird's Legal Threats to Boing Boing by ClassyJacket on Saturday January 12, 2019 @07:43AM (#18890946)
Probably the same law that covers other thefts?