News for hackers. Stuff that matters.
Re:Uber drivers are workers not self employed, Supreme Court... by nightcracker on Friday February 19, 2021 @06:07AM (#26191804)
This should be straight up illegal and the companies sued to hell for. If I opened a site claiming to be a bank and accepting money on behalf of that bank, and keeping 20% I'd be behind bars for fraud in no time.
Re:Uber drivers are workers not self employed, Supreme Court... by foepys on Friday February 19, 2021 @06:18AM (#26191892)
Those delivery services employ many lawyers and bet on the fact that a family owned restaurants doesn't have the guts or money to sue. Truly despicable.
Re:Uber drivers are workers not self employed, Supreme Court... by csunbird on Friday February 19, 2021 @06:37AM (#26192042)
Not having access to the justice because of shortage of money should be illegal instead.
Re:Uber drivers are workers not self employed, Supreme Court... by sdoering on Friday February 19, 2021 @06:54AM (#26192146)
Replying to sister comment.

In Germany, if you can't afford a lawyer you are entitled to the government paying legal aid in civil cases [1]. As you are - I just realize - in many countries.

Problem is, that a restaurant owner isn't entitled to that so that even if you are a small company (self employed restaurant owner) you are toast. You could hope to have a legal insurance covering stuff like that, but not sure, if that would be the case for most insurances.

[1]: https://en.wikipedia.org/wiki/Legal_aid#Germany

Re:Uber drivers are workers not self employed, Supreme Court... by sgift on Friday February 19, 2021 @09:23AM (#26193430)
The Wikipedia article doesn't tell this (which is okay, it's not the main topic), but you have to be really poor to get legal aid in Germany. When I needed this years ago I wasn't eligible because my parents had paid into a pension insurance for me and it was worth more than 5k. This is a common problem with these schemes here in Germany. If you are really rich you have no problems, if you are really poor there exist some systems (I wouldn't say they are good, but that's also another topic). People in between? Tough luck.
Re:Uber drivers are workers not self employed, Supreme Court... by maxlybbert on Friday February 19, 2021 @10:28AM (#26194148)
If it’s limited to the poor, then the US has that through nonprofits like https://en.wikipedia.org/wiki/The_Legal_Aid_Society . There’s no standard, or for that matter, no single organization to look for, so it’s hard to say who exactly qualifies in any particular city.
Re:Uber drivers are workers not self employed, Supreme Court... by FeepingCreature on Friday February 19, 2021 @06:48AM (#26192105)
You can't make a circumstance illegal.
Re:Uber drivers are workers not self employed, Supreme Court... by maxsilver on Friday February 19, 2021 @08:20AM (#26192820)
You can, actually, make a circumstance illegal. The vast majority of regulation explicitly make circumstances illegal.

"That ladder just happened to be placed there". "The forklift happened to be parked that way". "The room happened to have too many people in it". "The fire extinguisher happened to be expired and failed to fire" -- all illegal circumstances (in various parts of the US, based on Federal/State/Local regulations)

"They needed to sue, but couldn't get a lawyer" is absolutely a circumstance we could make illegal. Making a circumstance illegal doesn't mean it will never happen, of course, but it does mean there can be immediate repercussions and fixes for it if/when it does.

Re:Uber drivers are workers not self employed, Supreme Court... by FeepingCreature on Friday February 19, 2021 @09:22AM (#26193424)
You can make actions illegal, and you can make not taking an action illegal, but you can't make not having enough money illegal, because "having money" is not an action that you can mandate people take.

> "They needed to sue, but couldn't get a lawyer" is absolutely a circumstance we could make illegal.

I mean -- I guess, technically you can, but it's one of the most insulting things I have ever heard. What are you gonna do, sue them for not having the money to have a lawyer to defend themselves? Maybe take them to court for damages, caused by them not having money? Kafka would have a field day with this.

Re:Uber drivers are workers not self employed, Supreme Court... by wtetzner on Friday February 19, 2021 @09:31AM (#26193525)
You seem to be interpreting it the opposite of how I interpreted it.

You wouldn't take action against the person without money. You'd do something to fix the situation, like provide them with a lawyer for free.

Note I don't necessarily think that's a good idea (really haven't thought it through), but that's how I interpreted th comment.

Re:Uber drivers are workers not self employed, Supreme Court... by FeepingCreature on Friday February 19, 2021 @10:34AM (#26194217)
Right, I agree that's probably how it's meant, but that's not accurately described by the phrase "making it illegal".

If I make houses without a sewer line illegal, that doesn't mean the state has to lay a sewer line, it means you the owner have to take care that you get a sewer line or you open yourself up to liability.

Re:Uber drivers are workers not self employed, Supreme Court... by kbelder on Friday February 19, 2021 @05:09PM (#26198670)
They made not having medical insurance illegal. Quite controversial, at the time.
Re:Uber drivers are workers not self employed, Supreme Court... by pessimizer on Friday February 19, 2021 @07:55AM (#26192610)
Yes, you can. You can make it illegal for the accused to lack representation in court if they desire it, you can make it illegal for a person to walk the street without a certain minimum amount of money in their pocket, you can make it illegal for a person under age X to not be at school at a particular part of the day without a reasonable excuse, etc. It's been done. You can even always define an occurrence as an act e.g. access to justice cannot be denied, or a shed cannot be permitted to remain purple.

Maybe you mean that making a circumstance illegal doesn't necessarily prevent a circumstance from occurring?

Re:Uber drivers are workers not self employed, Supreme Court... by FeepingCreature on Friday February 19, 2021 @09:28AM (#26193487)
No I'm saying the notion of illegality does not apply, and in fact leads to absurd consequences.

For instance, if you make it illegal for the accused to lack representation in court, you can then sue them for not having representation, a suit from which they cannot defend themselves, lacking representation, which then opens them up to another suit, ad infinitum!

I think there's some conflation of "regulating" and "making illegal" going on here. Mandating that the state must provide everyone with a public defender is not equivalent to "making lacking representation illegal".

Re:Uber drivers are workers not self employed, Supreme Court... by pessimizer on Friday February 19, 2021 @10:45AM (#26194330)
You get to choose who you apply laws to when you write them. If I make it illegal for a court to proceed if they do not provide representation to a defendant who desires it, I don't have to arrest the defendant.
Re:Uber drivers are workers not self employed, Supreme Court... by FeepingCreature on Saturday February 20, 2021 @03:37AM (#26202638)
Yeah but then you haven't made not having representation illegal, you've made not providing representation illegal.
Re:Uber drivers are workers not self employed, Supreme Court... by csunbird on Friday February 19, 2021 @07:10AM (#26192257)
But you can put down legal protections to prevent this circumstance occurring. It is just like not having access to medical care because you are poor. We put protections to prevent this happening, called public health insurance.

For the sister comment: I wonder why companies are not entitled to a public defender, interesting.

Re:Uber drivers are workers not self employed, Supreme Court... by throw_m239339 on Friday February 19, 2021 @07:43AM (#26192515)
But everybody should be equally able to defend themselves, or sue before a court of law, which is clearly not the case today in UK and most countries on the planet. The legislator has created complex laws that only benefit people with a lot of money thus lawyers. Which means that citizens do not have equal rights in a court of law and can't get a fair trial.

It's just like tax avoidance. It's expensive to set up but ultimately it results in rich people paying LESS taxes/wealth than poor people for those who can afford it.

Re:Uber drivers are workers not self employed, Supreme Court... by ilovetux on Friday February 19, 2021 @08:19AM (#26192811)
IANAL, but isn't this exactly why class action lawsuits exist?
Re:Uber drivers are workers not self employed, Supreme Court... by TheOtherHobbes on Friday February 19, 2021 @08:33AM (#26192948)
Class action isn't really a thing in the UK.

Or rather "collective actions" and "group litigation orders" are a recent thing and haven't become a standard part of the legal system. Not many people on any side who understand how they're supposed to work in practice.

The UK also has a different set of priorities in its litigation culture. You can win a huge payout if you prove unfair dismissal or discrimination, but it's much harder to prove that your work contract is unfair/exploitative or that Service Provider X is operating in a shady way.

Re:Uber drivers are workers not self employed, Supreme Court... by FireBeyond on Friday February 19, 2021 @01:33PM (#26196295)
100% agreed.

Look (listen?) for the cagey answers:

"Is this Restaurant X?"

"I can help you place an order!"

"But is this Restaurant X?"

"I can take your X order when ready!"

Re:Uber drivers are workers not self employed, Supreme Court... by chrisseaton on Friday February 19, 2021 @06:38AM (#26192047)
It's not fraud though, is it?

They advertise that you'll get food from Restaurant X and that's indeed what you get. It's not fraud to resell product, you don't need permission from the original seller to do it (in fact I think that's a specifically protected right), and it's not fraud or any kind of trademark violation to describe a product as being from Restaurant X if that is a fact.

Re:Uber drivers are workers not self employed, Supreme Court... by whelming_wave on Friday February 19, 2021 @06:57AM (#26192164)
The objectionable behavior is that they represent themselves as being restaurant X, or at least present themselves in such a way that finding out that they aren’t actually restaurant X but a reseller is difficult.

edit: This got way more discussion than I anticipated. I think that even if there was a massive banner on the top of the site that told you GenericDeliveryCo was operating this website as a front for the restaurant, we are not them, etc, this behavior by GenericDeliveryCo is still damaging to the businesses they are creating websites of because they tend to absolutely bury the real website via better SEO. There’s an argument to be made that some restaurants would enjoy having a website made for them - for business or whatever other reason - but there’s no reason GenericDeliveryCo couldn’t... ask first.

Re:Uber drivers are workers not self employed, Supreme Court... by chrisseaton on Friday February 19, 2021 @06:59AM (#26192175)
Ok but see how we've slipped down from full-on 'fraudulent' to just 'objectionable'? People are allowed to be objectionable if they want to.
Re:Uber drivers are workers not self employed, Supreme Court... by jacquesm on Friday February 19, 2021 @10:40AM (#26194272)
Misrepresentation isn't fraud but it is still not legal. You can't pass yourself off as someone or some entity that you are not. See also: 1-900 numbers pretending to be 'the company' but actually just switchboards connecting you through to the company that they pretend to be.
Re:Uber drivers are workers not self employed, Supreme Court... by tobmlt on Friday February 19, 2021 @11:15AM (#26194638)
Yes indeed. I guess I will use this comment to explore its objectionable properties. I think I can come up with a somewhat nuanced reason for objection (not saying this has any bearing on legality). Let me talk it through. Here goes:

The Resturant gets paid and the customers get food. The delivery service adds value and gets paid for it. If someone doesn’t realize doordash is not the Resturant by now... who cares? As long as the restaurants reputation is not hurt... (here’s were the issues start)

To that end, if I am the Resturant, I see that I can add my own delivery service, undercut doordash by a bit, and make more money, and control my reputation by employing people who have incintives aligned with me, then great! Thanks doordash, for showing me the way.

Ah, but can I? Maybe not without forming a power group with other restaurants (or some other economic structure..?), as the cost of adding a “real employee” may be greater than the margin added by the delivery service. I need a structure that both aligns incentives between delivery service and Resturant, and is cost effective. Since restaurants weren’t already doing this, probably it has to happen at the meta-Resturant level of it can be done while preserving reputation at all. (Of course, the difficulty of it depends on the food being served, so that’s why, e.g. pizza was already being delivered.)

Re:Uber drivers are workers not self employed, Supreme Court... by roenxi on Friday February 19, 2021 @07:08AM (#26192239)
Mr. Wave may have meant legally objectionable as in "the objection that would be the core of the legal case" or "the legal system objects to this". Similar to how a legal complaint doesn't mean someone whining.
Re:Uber drivers are workers not self employed, Supreme Court... by chrisseaton on Friday February 19, 2021 @07:17AM (#26192316)
If they did then what do they think is the infraction or offence that is being committed? They're being objectionable by committing or infracting... what? What law or regulation would they be breaking?
Re:Uber drivers are workers not self employed, Supreme Court... by vitus on Friday February 19, 2021 @08:14AM (#26192767)
Trademark infringement is a big one, and yes, it can be applied even if the trademark isn't registered.

https://www.law.cornell.edu/uscode/text/15/1125#a

1125(a)(1) is pretty unambiguous in this context. If Grubhub is using a restaurant's name to "deceive as to ... the origin, sponsorship, or approval of his or her goods", that's cause for civil action.

California also has a new law explicitly addressing this issue:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtm...

... and yes, there's an aptly-named website called https://www.grubhublawsuit.com/ describing a class-action lawsuit on this specific topic.

And no, that website isn't an infringement of Grubhub's mark if it's not likely to be confused with Grubhub's business. (It'd be a different story if Grubhub were a law firm in the business of filing class action lawsuits.)

Re:Uber drivers are workers not self employed, Supreme Court... by chrisseaton on Friday February 19, 2021 @09:29AM (#26193493)
You're allowed to use trademarks to factually describe what a product is.

Your linked law suit is about something entirely different to what's being discussed in this thread - that's about describing restaurants as shut when they aren't.

Re:Uber drivers are workers not self employed, Supreme Court... by vitus on Friday February 19, 2021 @12:18PM (#26195331)
Whoops, the Grubhub class action lawsuit in this context is

https://www.classlawgroup.com/wp-content/uploads/Grubhub-Cla...

You're not allowed to use trademarks to masquerade as the other party, especially if you're then trying to conduct business as if you were that other party.

Taking a step back: is there any trademark usage that you view as infringing?

Using an example from another side discussion: I hope we can agree that if you made a laptop and called it a Macbook Pro, Apple would sue the heck out of you, and they'd be in the right. Where we seem to disagree is whether it's infringement if you set up a storefront, name it "Apple Store", and exclusively sell products that you've purchased from an Apple-run Apple Store.

Re:Uber drivers are workers not self employed, Supreme Court... by matthewowen on Friday February 19, 2021 @08:27AM (#26192895)
"passing off" is a common law tort. If there's confusion, it could well fall under that.

There's also a very large body of trademark specific law which may specifically address this. https://en.m.wikipedia.org/wiki/Passing_off

Re:Uber drivers are workers not self employed, Supreme Court... by whelming_wave on Friday February 19, 2021 @08:40AM (#26193006)
My definitely-not-a-lawyer reading of this even seems like there’s a decent case to be made, by the definitely-not-legally-exhaustive “required elements” there. The goodwill is their reputation, misrepresentation is obvious, and damage to their brand would be negative reviews (“food was cold, would not buy again!”) on Google or similar sites.
Re:Uber drivers are workers not self employed, Supreme Court... by chrisseaton on Friday February 19, 2021 @08:29AM (#26192913)
> The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true.

But the food isn't being misrepresented! It is the food of the restaurant. Passing off means pretending the product is something it isn't. That isn't what is happening here at all.

You and a few others seem to be under some kind of mistaken understanding that the food is 'fake' or from a fraudulent dark kitchen not actually associated with the restaurant? That's not the case. It's the actual real food from the actual restaurant, resold.

Re:Uber drivers are workers not self employed, Supreme Court... by matthewowen on Friday February 19, 2021 @08:38AM (#26192986)
That is one circumstance covered but not the only one.

I'm not under a mistaken understanding. I'm explicitly saying that you might not have to misrepresent the food itself: if you insert yourself as an intermediary but claim to be the underlying provider, there's potential for confusion and damage to the goodwill of the underlying provider, and that is what passing off fundamentally protects against.

I don't know if it would fly, but you asked and that's a place a case might be found.

The broader point here: it's one thing to advertise selling someone else's product. It's another to _pretend to be them_.

Re:Uber drivers are workers not self employed, Supreme Court... by lmkg on Friday February 19, 2021 @09:46AM (#26193671)
"goods and services"

The service of delivery is what is being passed off.

Re:Uber drivers are workers not self employed, Supreme Court... by jychang on Friday February 19, 2021 @07:42AM (#26192505)
Trademark law, mostly. If I open an Apple Store, I'm gonna get a lot of lawsuits headed my way in no time. You can't just use another company's logo and name without their permission.
Re:Uber drivers are workers not self employed, Supreme Court... by chrisseaton on Friday February 19, 2021 @07:46AM (#26192538)
> You can't just use another company's logo and name without their permission.

I'm afraid I think you're mistaken.

You're allowed to use someone's trademark to factually describe the product you're selling. You don't need the owner's permission to do that.

If you're selling an actual Apple laptop, you can use the trademarks 'Apple' and the Apple logo to describe it.

If you're selling an actual Bob's Burger, you can use that trademark and logo to describe it.

Re:Uber drivers are workers not self employed, Supreme Court... by FireBeyond on Friday February 19, 2021 @01:43PM (#26196402)
Think about chargers.

Somewhere in the product description, advertising, is the word "FOR".

Lightning cable FOR Apple iPhone.

Belking trying to sell the same cable as "Apple iPhone Lightning cable" would be problematic. Leaving aside licensing issues.

The proof is in the pudding. Go to one of the websites they register for a restaurant, and see just how many references to "We are not the restaurant, but we are reselling and delivering their food". Hint: rather few.

Call the number on the website. "Hello, I can take your order for [restaurant name]!"

"Is this [restaurant]?"

"I can take your order!"

Because all of the above isn't defensible. They're not just (re) selling the restaurant's food, they are implying that they -are- the restaurant.

Behavior here becomes important. Deception and context. Why in these cases if Deliveroo/Uber/etc were comfortable with their process would they not say "This is Uber Eats, and we can take orders for [restaurant]"? This again comes back to one of those definitions of fraud, "dishonestly obtaining financial advantage (your cut of the order, inflated pricing, etc) by deception (explicitly stating or repeatedly implying that you are the restaurant)".

and other vague hand-waving answer designed to imply that you are talking to the restaurant and avoiding the answer, "No this is a call center for a delivery service".

Re:Uber drivers are workers not self employed, Supreme Court... by varjag on Friday February 19, 2021 @07:54AM (#26192601)
It could be eye opening to create an applestore-sf.com and try selling apple laptops there.
Re:Uber drivers are workers not self employed, Supreme Court... by chrisseaton on Friday February 19, 2021 @07:59AM (#26192639)
Or macrumors.com for a website about Macintosh computers! They'd surely shut that down since it uses a registered trademark! Oh no wait...
Re:Uber drivers are workers not self employed, Supreme Court... by alistairSH on Friday February 19, 2021 @08:46AM (#26193058)
Except macrumors is obviously a news/gossip site and makes no effort to pass themselves off as an actual Apple-operated website.

apple-sf.com (and the various food delivery sites being discussed) pass themselves off as the restaurant. It's not clear to a casual user that the order is being processed by a 3rd party.

Re:Uber drivers are workers not self employed, Supreme Court... by Jochim on Friday February 19, 2021 @09:30AM (#26193510)
Except this kind of trademark abuse absolutely does happen. There was a post on HN about it yesterday [1].

Uber successfully had an app taken down that helped drivers determine whether Uber had cheated them out of wages they were owed. The important thing is that unless the people of UberCheats have a lot of money and time to burn they can't really challenge Uber's actions here.

Hell, a few weeks ago Apple forced a company to change their logo of a green pear because they claimed it was infringing on the Apple logo[2].

[1] https://news.ycombinator.com/item?id=26184352

[2] https://news.ycombinator.com/item?id=26084387

Re:Uber drivers are workers not self employed, Supreme Court... by Larrikin on Friday February 19, 2021 @07:44AM (#26192519)
I would hate to live in the world you imagine where every single awful thing that isn't obviously illegal is considered acceptable by society.
Re:Uber drivers are workers not self employed, Supreme Court... by chrisseaton on Friday February 19, 2021 @07:48AM (#26192546)
And I'd hate to live in a world where you can drag anyone you want before a judge because you don't like what they're doing.

I don't like the colour of your shirt, so I'm going to say it's objectionable. It doesn't break any laws or infringe any regulations, but I want a judge's opinion on it anyway.

See?

Re:Uber drivers are workers not self employed, Supreme Court... by Can_Not on Friday February 19, 2021 @08:49PM (#26200647)
So you'd be wasting the judge's time with a frivolous lawsuit the same way you're wasting our time with a frivolous starwman?
Re:Uber drivers are workers not self employed, Supreme Court... by pbhjpbhj on Friday February 19, 2021 @10:13AM (#26194007)
Why would you hate that? The judge's opinion would be "the shirt is not unlawful" and "you're wasting court time, have a fine". How would that harm you?

In the case of passing off a service you offer as begin the service of another company, there is a clear legal case to answer. And as I recall this is settled caselaw in the UK and the people pretending to be other companies are in the wrong.

Re:Uber drivers are workers not self employed, Supreme Court... by chrisseaton on Friday February 19, 2021 @10:36AM (#26194236)
> The judge's opinion would be "the shirt is not unlawful" and "you're wasting court time, have a fine". How would that harm you?

It wastes the time of the defendant and the legal service, which harms society.

It imagine it's also super stressful and expensive for the defendant to go through, even when it's thrown out.

Re:Uber drivers are workers not self employed, Supreme Court... by manigandham on Friday February 19, 2021 @08:14AM (#26192761)
Legality already is society’s measure of what’s acceptable. If you want to change the standard then you do so by changing the law.
Re:Uber drivers are workers not self employed, Supreme Court... by Jochim on Friday February 19, 2021 @09:42AM (#26193632)
Acceptability isn't usually a binary. Legality is the cutoff point at which we decide you should be punished for unacceptable behaviour, but it's perfectly possible for behaviour to be both unacceptable but legal.

Consider: - Cutting your grass at 8am when your neighbour works nights.

- A well off person putting their child up for adoption because they don't want the hassle.

- Payday loans given to people you know won't be able to pay them off, ensuring they pay you far more than the value of the loan.

- Banks processing payments out of order to trigger overdraft fees that would otherwise not have been collected.

Re:Uber drivers are workers not self employed, Supreme Court... by FireBeyond on Friday February 19, 2021 @01:37PM (#26196337)
In many environments, fraud contains a definition of "dishonestly obtain financial advantage by deception".

Your example is flawed. It's not a crime or fraud to resell a product.

It is still fraud, not merely objectionable, to resell a product while in every way possible acting as if you are not a reseller but the original producer.

Re:Uber drivers are workers not self employed, Supreme Court... by amelius on Friday February 19, 2021 @07:13AM (#26192290)
> People are allowed to be objectionable if they want to.

Isn't that what we (should) have judges for?

I mean, if a judge blindly follows the letter of the law, we can replace him/her by a computer.

Re:Uber drivers are workers not self employed, Supreme Court... by chrisseaton on Friday February 19, 2021 @07:15AM (#26192301)
But you need some kind of infraction or starting point if you want a judge to consider it.

'They're being objectionable' is not a reasonable starting point. 'They're being fraudulent' would be... but they clearly aren't being fraudulent.

Re:Uber drivers are workers not self employed, Supreme Court... by IdoRA on Friday February 19, 2021 @09:10AM (#26193297)
Several of the factors considered in trademark infringement are the use of the mark in commerce, that use being connected to the sale (including distribution or advertising) of the marked product, and naturally, likelihood of consumer confusion.

A pro-restaurant argument might be that these alternative websites are interfering with new and extant restaurant-customer relationships, falsely implying a restaurant-delivery co. affiliation, and that the use by the delivery co. of the restaurant trademarks exceeds nominative use. The restaurants might also argue that the distribution of food, how and under what conditions, is part of their product: a delivery company taking too long to deliver an order could harm the quality of their product.

Re:Uber drivers are workers not self employed, Supreme Court... by wtetzner on Friday February 19, 2021 @09:35AM (#26193560)
So just to look at this from another perspective.

If I created a chase-bank.com website, and allowed users to interact with their actual Chase account through it, but I took a percentage of all transactions, it would be fine?

Re:Uber drivers are workers not self employed, Supreme Court... by youngtaff on Friday February 19, 2021 @08:30AM (#26192923)
It could be argued it's misrepresentation or passing off under UK law
Re:Uber drivers are workers not self employed, Supreme Court... by MaxBarraclough on Friday February 19, 2021 @09:40AM (#26193614)
Re:Uber drivers are workers not self employed, Supreme Court... by meowface on Friday February 19, 2021 @10:23PM (#26201205)
On the apps I use, they now have a disclosure about this before you press "Order".