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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.