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San Francisco Bans Parking Spot Auctioning App

A couple months ago, we discussed a new phone app being used in San Francisco to auction off parking spaces to the highest bidder. The city has now ordered the app makers to cease and desist, and threatened motorists with a $300 fine for each transaction. City Attorney Dennis Herrera said, Technology has given rise to many laudable innovations in how we live and work -- and Monkey Parking is not one of them. It's illegal, it puts drivers on the hook for $300 fines, and it creates a predatory private market for public parking spaces that San Franciscans will not tolerate. Worst of all, it encourages drivers to use their mobile devices unsafely — to engage in online bidding wars while driving. People are free to rent out their own private driveways and garage spaces should they choose to do so. But we will not abide businesses that hold hostage on-street public parking spots for their own private profit.

404 comments

  1. Communism by Anonymous Coward · · Score: 4, Funny

    Banning this is communism!
    This is the free market at work.

    1. Re:Communism by TechyImmigrant · · Score: 2, Funny

      Parking spots are the means of production?
      I don't think so.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    2. Re:Communism by Anonymous Coward · · Score: 0

      if they're privately owned parking spots then this should be allowed, if they're auctioning off street parking and other various public parking spots then they should be fined

    3. Re:Communism by tsqr · · Score: 4, Informative

      if they're privately owned parking spots then this should be allowed

      From TFS: "People are free to rent out their own private driveways and garage spaces should they choose to do so."

    4. Re:Communism by Anonymous Coward · · Score: 1

      Actually, I bet if there was a large enough movement to do this (perhaps something app-assisted), the city of SF would also put a stop to it.

    5. Re:Communism by vux984 · · Score: 2

      Actually, I bet if there was a large enough movement to do this (perhaps something app-assisted), the city of SF would also put a stop to it.

      Doubtful, unless it rose to the level of being a problem.

      Around here, there's a residential area within walking distance of a local roller coaster park / exhibition site (with concerts etc) -- all summer local residents will get out and offer to sell parking space on their driveways etc.

      And for the most part its not a problem.

      However, some residents are taking it "too far", and open up their entire front and back yards to parking, and there will be 8 or 9 cars all over the front and back lawn, the driveway, the flowerbeds, etc.

      And the neighbors do take exception to it. Which is reasonable I think. Its not a big party one night. Its 3-4 months at a time, from morning until midnight.

      At the moment its still legal, but i wouldn't be surprised to see them pass a bylaw banning parking cars on the lawns at some point.

    6. Re:Communism by dunkindave · · Score: 3, Insightful

      Banning this is communism! This is the free market at work.

      Standard Oil crushing their competition by offering gas at below cost was "free market". Microsoft refusing to license Windows to a vendor unless they not offer other operating systems was "free market". Stock traders creating derivatives that collapsed the housing market was "free market". Slave traders were "free market". The term "free market" can be interpreted as meaning allowing a person to do any business deal without interference from the government, whether morally right or not. The purpose of the government "interference" is to protect the common good, such as by stopping the sale of humans (slave), prevent competition through unnatural monopolies, and the sale of access to public areas by private parties.

      What would you think if a group occupied the entire Waikiki beach area in Hawaii with large towels then told people they would auction off their spaces so others could use the beach? It isn't their beach, it is everyone's, and all they are doing is squatting and blocking other's access to the public land. Is this "free market", and even if it is, is it in the common good to allow it to continue?

      Some argue that this app is merely a way for people to give information about an available space (at a price) that aperson is about to leave, but as others have pointed out, it delays the person's departure thereby reducing effective parking availability. It also causes people to use phones while driving which in San Francisco is a crime, so it promotes a criminal act. It also is ripe for abuse by people deliberately seeking out parking spaces then selling them, which is a far cry from what the app developers claim the app was made for. To me, this all spells that this app goes against the common good and is therefore bad. It is also illegal based on current laws according to the City Attorney.

    7. Re:Communism by peon_a-z,A-Z,0-9$_+! · · Score: 1

      If the telecom companies are allowed to use infrastructural capital (public capital) for their profits, why shouldn't a parking space be subjected to the same treatment?? Let the capitalists play!

    8. Re:Communism by Anonymous Coward · · Score: 0

      Banned? It should be mandatory!

      like insurance.

    9. Re:Communism by CohibaVancouver · · Score: 1

      Vancouver PNE by any chance?

      I'm not sure it is legal, I just think The City of Vancouver bylaw enforcement team turns a blind eye to seniors waving tennis rackets with "Park Hear" scotch-taped onto them.

    10. Re:Communism by bickerdyke · · Score: 1

      If you need to drive to work, there wouldn't be any production without parking spots.

      A mean of production doesn't need to be consumed for production. (machines, factory buildings...)

      But auctioning off something that is not yours isn't free market either.

      --
      bickerdyke
    11. Re:Communism by vux984 · · Score: 1

      Vancouver PNE by any chance?

      Got it on the first swing.

      Its *is* currently legal; within surprisingly well documented limits:
      http://vancouver.ca/streets-tr...

      Although I'm sure its exceeded, and I'm not sure how well enforced even the published limits are.

    12. Re:Communism by TechyImmigrant · · Score: 1

      Evidently my jokes are a little too subtle for Slashdot.
      At least someone though it was funny.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    13. Re:Communism by s0nicfreak · · Score: 1

      Why do the neighbors take exception to it, though? How does it affect the neighbors if someone else messes up their lawn and flower bed?
      From May - August my neighbors have friends over pretty much daily, enough to have (along with their own cars - they have 3 generations of family living together) 8 - 9 cars parked on their property and in front of their house (parallel parked on the street). Should I take exception to that?

    14. Re:Communism by bickerdyke · · Score: 1

      I thought of your remark as an intresting and valid(!) point. Intresting because they are usually NOT privately but public owned, as communism would require.

      --
      bickerdyke
    15. Re:Communism by Penguinisto · · Score: 1

      What, and horn in on the city's profit center? Are you nuts?

      (mind you, that's Portland's setup that I linked, but I'm willing to wager that SanFran has a similar deal going where they themselves rent out dedicated parking spots on a temporary basis.)

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    16. Re:Communism by vux984 · · Score: 4, Informative

      Why do the neighbors take exception to it, though?

      Because some people don't want their normally quiet residential neighborhood looking like a cross between a night market and an impound lot all summer.

      Its hardly unusual for there to be bylaws restricting the amount and type of commerce you conduct from your home, especially if it leads to unwanted traffic, noise, or is unsightly.

      This situation is all of those.

    17. Re:Communism by Darinbob · · Score: 4, Funny

      Parking lots are the means of reproduction, in some cities.

    18. Re:Communism by Anonymous Coward · · Score: 0

      Banning this is communism!
      This is the free market at work.

      Assume you go to a popular restaurant which has 30 min wait time and you put your name on the list. After about 25 min, a group of 25 people arrive and they agree to pay 25% more if restaurant gives immediate seating. The restaurant agrees and puts you back again on 30 min wait. Would it be ok with you. If not, you are a communist too!

    19. Re:Communism by jayveekay · · Score: 1

      The free market would charge market rates for the parking spot. The only way this App can make money is if a person has a financial incentive to hold onto a spot longer than they need it.

      Put another way: If the city charged the market rate for every minute that someone was using a parking spot, then that user would have the proper incentive to vacate the spot as soon as they were done using it.

    20. Re:Communism by Frosty+Piss · · Score: 1

      Why do the neighbors take exception to it, though? How does it affect the neighbors if someone else messes up their lawn and flower bed?

      That's like asking, "Hey, what's the problem with letting the garbage pile up, having 6 cars up on blocks, and well, that heavy traffic from my crack sales? it's not in your yard..."

      --
      If you want news from today, you have to come back tomorrow.
    21. Re:Communism by St.Creed · · Score: 1

      Lol. Good one :) I guess those spots would bring in the 300 bucks :)

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    22. Re:Communism by Anonymous Coward · · Score: 0

      The difference is the telecom companies own or lease the equipment they are using. A person parking on a city owned street pays the city for use of a parking spot, not some middle man marketing sack of crap who thinks he can make a quick buck off of it.

    23. Re:Communism by TechyImmigrant · · Score: 1

      You win.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    24. Re:Communism by Ichijo · · Score: 1

      If the residents don't want taxpayers parking on streets owned by those same taxpayers, then why can't the residents buy those streets from the taxpayers?

      As a taxpayer, I don't think it's fair that my property is used for personal vehicle storage by someone else simply because it sits in front of their house. I want a parking meter there to give me a return on my investment. Or buy my land back from me. Choose one, but don't complain when I park there.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    25. Re:Communism by vux984 · · Score: 1

      If the residents don't want taxpayers parking on streets owned by those same taxpayers

      This has nothing to do with parking on the street.

      The situation is that many residents are turning their YARDS into pay parking lots. This leads to excess noise, traffic, and has all the aesthetics of a used car lot which in turn pisses off many of the residents who are not doing this.

      Your rant about street parking is utterly beside the point.

      I don't think it's fair that my property is used for personal vehicle storage by someone else simply because it sits in front of their house

      Still not remotely on topic. But...

      This is an interesting and valid complaint. It does piss me off no-end the number of streets that are permit-parking only for residents, and the suggestion that they ought buy the 'parking lane' back from the city is both interesting and has merit.

      Suppose they did though, or leased it via their property taxes etc since it really doesn't make practical sense for them to actually buy and maintain the parking lane and separaetly from the rest of the street. That'd be fair, right?

      Of course, for all I know though they might even be doing just that. I certainly wouldn't know. Maybe they ARE paying something extra for the exclusive parking usage?

    26. Re:Communism by Anonymous Coward · · Score: 0

      Not in the Bay Area it isn't. I've gotten harassed by cops on two occasions while screwing chicks in the back seat of my car. The police in that area are really worthless, having nothing better to do I guess.

    27. Re:Communism by mattack2 · · Score: 2

      The slave trade obviously violates the rights of the slaves. I think most people ignore the mortgage *recipients* who fraudulently signed mortgages they weren't qualified for (stated too high of an income, etc.) and were unable to pay, thus being unable to pay the mortgage. (I think the companies that made the fraudulent mortgages, and sold the derivatives while betting against them were wrong too.)

      The other two examples, however.. even if I don't personally agree with them, why shouldn't they be allowed? I think those are perfect examples of good free market. Someone should be able to sell something they make for whatever they want.

    28. Re:Communism by geekoid · · Score: 1

      Simple.
      Noise, pollution, and property values.

      I don't care what you so in your yard,as long as any byproducts stay in your yard.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    29. Re:Communism by geekoid · · Score: 1

      Can't charge market rate, for many reasons.
      a few of which os nthat the market changes hourly, and daily. Many of those changes are dynamic.
      A) 8AM the market rate* will be a lot higher then 945am Unless the is an event, say a store sale. Then it will change.
      So somoen would sho up at 7am, get a space for a dollars, wait until 8:05 and sell for 20 dollars.

      b) Many people at the cities ages or industrial areas are low income workers, so a market rate parking can have a real financial dent.
      The public transportation response is a non starter until that are has good public transportation. When the expanded the meter are in Portland, Or. I know a lot of low income worker who basically lost 2 hours worth of wages. A 1/4 of the day just to park.
      What happened is they ended up parking farther away, in a more sketchier area.

      c) I get a spot for 5 hours. That market value can flex dramatically 3 times during the 5 hours.

      d) How do you determine market rate for after work hours parking? Free parking means more people will shop and enjoy the entertainment, so putting a charge cost business money.

      *assuming the market rate is geared toward 90% capacity

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    30. Re:Communism by Ichijo · · Score: 2

      it delays the person's departure thereby reducing effective parking availability.

      Yes, but it also eliminates the parking shortage for as long as that parking space is on the market. Remember, a shortage is when you can't buy something at any price, so when you put a price on a parking space when all other spaces are filled, you've temporarily eliminated the shortage of parking spaces.

      [Using] phones while driving which in San Francisco is a crime...

      No it isn't.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    31. Re:Communism by Copid · · Score: 3, Insightful
      A few years ago, SF installed smart meters with sensors to do exactly this. Rates were set dynamically with the goal of keeping at least one space open on every block of public parking. It worked really well. There were piles of data generated during the trial run. It appears to have reduced cruising for spaces substantially (which was one of the key goals). They had a map of the most and least expensive places to park so people could adjust their plans accordingly. They're not using the sensors anymore (something about maintenance cost), but prices do change by the hour. If they just kept it up (and expanded it to cover all public parking), this problem would go away completely and the world would be a better place.

      Anyway:

      Many people at the cities ages or industrial areas are low income workers, so a market rate parking can have a real financial dent. The public transportation response is a non starter until that are has good public transportation.

      There's a *ton* of options for public transportation in SF. People who drive in and try to park in the most congested areas are doing so by choice.

      I know a lot of low income worker who basically lost 2 hours worth of wages. A 1/4 of the day just to park. What happened is they ended up parking farther away, in a more sketchier area.

      That's a very strange result. On the one hand, they were easily getting parking before the meter rates were raised. Now, the meter rates are greater than or equal to 1/4 of a day's wages (otherwise they'd just park at the meter and pay the price). Why are the rates so high if the spaces weren't contested to begin with? Are the spaces now sitting empty?

      How do you determine market rate for after work hours parking?

      Very easily. You have an algorithm that steadily raises prices as the parking spaces fill up and lower them as spaces remain vacant with the goal of keeping N spaces empty per block of spaces. It works brilliantly (and, BTW, results in some parking meters charging only pennies per day if the place is not busy).

      Free parking means more people will shop and enjoy the entertainment, so putting a charge cost business money.

      That implies that free parking magically means more parking. If the spaces are full, the same number of people are there. They may be out a few extra bucks for parking, but making the parking free doesn't suddenly allow you to put 2 gallons of water into a 1 gallon bucket.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    32. Re:Communism by SumDog · · Score: 1

      Yep. They band AirBnB (using your home has a bed and breakfast) if you don't have a permit. The hotels lobby for that shit. You're not free to rent out a room, in your own home, which you own, for short term (must be longer than a month).

    33. Re:Communism by Anonymous Coward · · Score: 0

      Wow, so your one of those a**holes?

      You make it sound as if it is a block-party app. If you have one vehicle using a private space, and I would guess it would be a brand new if not newer car, instead of a smoking hunk of shit, which will sit their for the next several moths, I do not see problems allowing that type of use.

      The cites have laws in place against that kind of use even by the property owners. I don't see residential streets getting clogged up, or excessive noise. Nor do I see someone being allowed by the city to use their entire yard as a parking lot.

      Which is why they allowed private use. I can promise you that has been going on for the same amount of time, with little to no complaints from neighbors. And any complaints they are getting are nowhere close to being a violation.

    34. Re:Communism by Anonymous Coward · · Score: 0

      Yes, but it also eliminates the parking shortage for as long as that parking space is on the market. Remember, a shortage is when you can't buy something at any price, so when you put a price on a parking space when all other spaces are filled, you've temporarily eliminated the shortage of parking spaces.

      That's only if you take the assumption that people are just using parking spaces for the sake of it. If they don't need the space then they wouldn't be there, if they need the space then they aren't going to be selling access to it and if they are selling access to it upon leaving then it alleviates nothing because they were leaving anyway.

    35. Re:Communism by David+Jao · · Score: 1

      The other two examples, however.. even if I don't personally agree with them, why shouldn't they be allowed? I think those are perfect examples of good free market. Someone should be able to sell something they make for whatever they want.

      Monopoly power leads to deadweight loss and suboptimal consumer surplus. This is economics 101. The theory is very well known. I wouldn't expect members of the general public to know basic economics, but on slashdot, it's fair game.

      There are other obvious examples of free market failure. Do you let factories pollute the oceans? What about overfishing and tragedy of the commons? How about photocopying books at cost -- do you prevent this (via copyright) even though it's obviously market interference?

    36. Re:Communism by davester666 · · Score: 1

      You can't have induhviduals doing it, because then the whole system gets out of whack.

      You need to be either an citizen or corporation with more than about $10 million US in assets before you are allowed to play in this pool.

      --
      Sleep your way to a whiter smile...date a dentist!
    37. Re:Communism by Anonymous Coward · · Score: 0

      P.S. I am roman_mir

    38. Re:Communism by AmiMoJo · · Score: 1

      On the one hand, they were easily getting parking before the meter rates were raised. Now, the meter rates are greater than or equal to 1/4 of a day's wages (otherwise they'd just park at the meter and pay the price). Why are the rates so high if the spaces weren't contested to begin with? Are the spaces now sitting empty?

      That's what happened in my city. Parking was tight but okay. The city council decided they wanted more money, so jacked up the rates. People stopped parking in the expensive areas and moved a bit further out from the city centre. Because they were not making much money the council kept jacking the rates up ever higher, to the point where now it is more expensive than other cities with far, far better facilities.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    39. Re:Communism by Copid · · Score: 1

      Right. That's just dumb. If parking is nearly full but with spaces open here and there, pricing is already optimized. People who are just casually looking for parking are clearly deterred enough to avoid it when possible, most of the spaces aren't being wasted, and there's still enough parking for people who really need it to jump in without cruising for 30 minutes first. That's the holy grail of parking rates. Jacking up the rates won't get you more revenue and lowering rates won't appreciably increase the number of people parking. Anybody who cranks the knob over in either direction clearly doesn't understand how these things are supposed to work.

      I guess they could always make more money by lowering rates to fill all of the spaces and then setting really short limits on how long you can park for in order to increase parking ticket revenue (I've seen this in a lot of cities). One parking citation pays more than a full parking space all day, right? But that only works in cities where dicking around with parking is a luxury they actually have. In major urban areas like SF and NY, parking is a serious business. If you're optimizing for anything other than the maximization of space utilization and the minimization of search time, you're causing all sorts of other ancillary problems that just aren't worth whatever revenue you think you're getting.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    40. Re:Communism by JesseMcDonald · · Score: 1

      But auctioning off something that is not yours isn't free market either.

      You're not auctioning off the parking space. Starting from the position that you are legally occupying the space, and can legally continue to do so until the meter runs out, all this app does is let you auction off the service of leaving the space at an arranged time (within the time purchased) for the convenience of another driver.

      If the city wants to say that it's illegal to sit in your parked car, or otherwise occupy the space without some particular justification regardless of the time left on the meter, that's their prerogative. I would hope that such restrictions are presented clearly prior to paying the meter, since people would otherwise reasonably expect that when they pay for two hours of parking they can actually park for the full two hours, regardless of the reason. I would also hope that the rules are enforced universally rather than selectively. Waiting for a friend? Sorry, move along—can't have the parking spots tied up any longer than absolutely necessary.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    41. Re:Communism by mattack2 · · Score: 1

      Did I ever say no regulation? No, I think things like pollution regulations are in general very good (I only say "in general" since there probably times when they've been taken too far -- using the Clean Air Act for CO2 is NOT one of them).

      I think I'm generally far more for copyright than most of the (seemingly pro-piracy) posters on slashdot.

      OK, I didn't know the term "deadweight loss" before, and I can see how that can cause problems.. I still don't think it should necessarily be regulated in "normal" market conditions. (I think de facto government sanctioned monopolies, e.g. cable companies or things that use limited spectrum, should be regulated MORE than they are now.)

    42. Re:Communism by Anonymous Coward · · Score: 0

      Parking spots are the means of production?
      I don't think so.

      How much are you going to produce if you're just driving around looking for somewhere to park close to your workplace?

    43. Re:Communism by TechyImmigrant · · Score: 1

      Don't you check the parking before you take a job?

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    44. Re:Communism by Anonymous Coward · · Score: 0

      Nobody fraudulently signed mortgages. Glass-Steagal created the requirement that people be qualified by income and employment for mortgages. The law's repeal due to massive lobbying ended that requirement. Honestly, the whole debacle should have been used as a massive teaching moment about why some regulations are absolutely necessary. Unfortunately, we missed that opportunity.

    45. Re:Communism by Anonymous Coward · · Score: 0

      Yes it is. Read the actual article. This isn't just looking at a map. It's browsing lists of spots and bids, making bids yourself, etc. Game over, sirrah.

    46. Re:Communism by Anonymous Coward · · Score: 0

      The residents already own the streets. This is why they are able to pass laws regulating their use. Thanks for playing.

    47. Re:Communism by coolsnowmen · · Score: 1

      The only place I've lived that was parking permit on public [city] roads I did pay for my parking permit. It was dirt cheap for the first one (requiring proof of address), and pretty expensive for the second one. The point is when a city gets so popular that the people that live there can't park anywhere near their own rowhome, this is a common solution.

    48. Re:Communism by s0nicfreak · · Score: 1

      Noise, pollution

      People parking on laws or not, that's a consequence of living near a roller coaster park / exhibition site (and it won't be stopped by disallowing parking on lawns); and to a lesser extent, of living near other people. The only reasonable thing that can be done is limiting noise during certain hours.

      property values

      Oh no, they're making property taxes lower for people that live there and showing potential buyers the truth of living near a roller coaster park / exhibition site! Those monsters!

    49. Re:Communism by s0nicfreak · · Score: 1

      Hey, what's the problem with letting the garbage pile up,

      Health risks for the neighbors. Animals take it into other yards. decomposing or just dripping trash seeps into other yards, etc.

      having 6 cars up on blocks,

      I don't know; what's the problem with that?

      at heavy traffic from my crack sales?

      Well I think the issue with that is that selling crack is illegal. Whether it should be or not is another issue.

      So I'm still not getting why people PARKING is an issue.

  2. Inevitable end by Anonymous Coward · · Score: 0

    Hey, I've got an app that for $300 you can park anywhere in san francisco! Even someone else's driveway! For $3000 we'll even sell you parking on the bridge!

    1. Re:Inevitable end by Bob_Who · · Score: 1

      Hey, I've got an app that for $300 you can park anywhere in san francisco! Even someone else's driveway! For $3000 we'll even sell you parking on the bridge!

      Good point.

      It works when money is no object, and if that's the case, only the city collects. Never move in on the government's racquet - its like moving in on a mobster's racquet - never profitable for long.

    2. Re:Inevitable end by Anonymous Coward · · Score: 1

      It works when money is no object, and if that's the case, only the city collects. Never move in on the government's racquet - its like moving in on a mobster's racquet - never profitable for long.

      Wait, so the government and the mob are into badminton, now?

    3. Re:Inevitable end by Bob_Who · · Score: 2

      Oops... I meant croquet.

    4. Re:Inevitable end by Entropius · · Score: 1

      Croquet is that game where you hit stuff with hammers, right? That's about like most urban areas' approach to parking enforcement.

  3. Gotta agree with it being illegal by Anonymous Coward · · Score: 5, Insightful

    It's based on holding public space hostage.

    1. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      The city can take it to court.

    2. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 1

      It is based on ticket scalping. Buy up the tickets, then sell them again at a higher price. We already know that is illegal in most places. This is the same thing, but with a physical resource. It is never even owned by the scalper - they just demand money to move their car out of the damn way. It is ridiculous to think it could stay legal to just insert scammers into the public parking process to extract money from it.

    3. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 3, Interesting

      Scalping is legal practically anywhere these days (except typically on the premises for the event). Wrigley field has legalized scalping. Last time I was in Atlanta, they had a line drawn a few hundred yards from the stadium at which point it was legal to scalp tickets. Have you heard of Stubhub? The secondary market is huge. Regardless, it's nothing like that. Event tickets are not public property.

    4. Re:Gotta agree with it being illegal by Jane+Q.+Public · · Score: 1, Troll

      Gotta agree with it being illegal

      It's based on holding public space hostage.

      No, I don't have to agree with either one.

      You are not "buying or selling" a parking spot. You are buying and selling information about where that parking spot is. Those are two VERY different things.

      Quote TFA:

      San Francisco's Police Code that specifically prohibits individuals and companies from buying, selling or leasing public on-street parking. Police Code section 63(c) further provides that scofflaws -- including drivers who "enter into a lease, rental agreement or contract of any kind" for public parking spots...

      The law is very clearly intended to prevent people from "renting" out their favorite parking spot for money, and physically holding them "hostage", as you say.

      But that isn't what this app does. It auctions off information about where an available parking space is. You aren't selling the parking space. You're selling the information.

      Having said that, I grant that it could be used in ways that are likely illegal... like holding the spot for the person who won the auction. Then you might be said to be actually holding it hostage. But that would mean you -- not the winner of the auction -- were breaking the law. And it would be hard to prove. You fed the meter properly, you're having lunch. Big deal. In order to prove a violation you'd have to prove intent, which is seldom easy.

      IANAL but I am familiar with some aspects of law. So let's be clear: the auctioning of information about parking spaces is not illegal. If SF tries to claim it is, they have a long, Lombard-Street-steep hill to climb, and they'd probably lose in the long run.

    5. Re:Gotta agree with it being illegal by cygnwolf · · Score: 0

      Say... that's a nice Fig Leaf you're holding there...

      --
      Free Pie! The Pie is Also Evil!
    6. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 1

      In order to prove a violation you'd have to prove intent, which is seldom easy.

      Maybe using this app is evidence of intent?

    7. Re:Gotta agree with it being illegal by Obfuscant · · Score: 4, Interesting

      But that would mean you -- not the winner of the auction -- were breaking the law. And it would be hard to prove. You fed the meter properly, you're having lunch. Big deal. In order to prove a violation you'd have to prove intent, which is seldom easy.

      You're kidding, right? As soon as you use the app you've proven intent. You can't go online and say "I'll sell this space to the highest bidder" and then claim you didn't intend to sell the space to the highest bidder. That's just nuts.

      Having said that, I grant that it could be used in ways that are likely illegal... like holding the spot for the person who won the auction.

      That's the intent of the service. How long do you think such a service would last if all it did was sell "information" about where someone was leaving a parking spot? The buyer would show up and someone who didn't pay would have already taken it. If it is truly a busy area, then there are going to be people who are watching everyone who approaches any parked car like a hawk, and unless your buyer was also doing that (which defeats the reason to buy the information) he's not going to get an honestly vacated space.

      Why would anyone in their right mind bid on "information" that everyone in within fifty feet of the seller can see for himself, and would be there to take advantage of long before any auction could take place, much less the winner driving to the location to accept his prize? The information is worthless within 30 seconds of it appearing; it's only the physical space that makes it valuable.

    8. Re:Gotta agree with it being illegal by ultranova · · Score: 4, Insightful

      Having said that, I grant that it could be used in ways that are likely illegal... like holding the spot for the person who won the auction. Then you might be said to be actually holding it hostage. But that would mean you -- not the winner of the auction -- were breaking the law. And it would be hard to prove.

      The only way information received from this application could possibly be useful was precisely if the auctioner held the spot for the winner. Because otherwise it would already be long taken by the time they got around, even if they were just a few city blocks away. Alternatively, San Francisco has an abundance of parking spaces, so what would be the point of this app?

      Does it ever make you uncomfortabe how posting this kind of reflexive, unthinking, ideology-based bullshit makes you exactly like the Stalinists of old, just with a different set of keyword triggers? Do you ignore the similarities because clearly, their ideology was wrong and yours is right? Or do you simply lack the self-awareness to notice?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    9. Re:Gotta agree with it being illegal by CanHasDIY · · Score: 2

      The way I see it (which also appears to be the way SF see it), this app encourages people to break several laws - laws against using a phone while driving, laws against loitering, et. al.

      That said, I'm pretty sure you can't legally encourage people to commit crimes without committing one yourself; for example, if you encourage someone to murder someone else, that's either accessory or conspiracy, depending on locale and to what level, exactly, that you offered encouragement.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    10. Re:Gotta agree with it being illegal by clarkkent09 · · Score: 1

      Banning scalping would be like banning retail. Buy goods for less, sell them for more. None of government's business except when the ticket says "not for resale" in which case it's a breach of contract.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    11. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      You are buying and selling information about where that parking spot is.

      That's not all you're selling. You are also selling the service of you holding the spot until the buyer arrives.

      It's not even ticket scalping. This service is more like auctioning your place in line to buy tickets. Even that description is inaccurate, as you aren't actually "lined up" when you're holding a parking spot. You've already bought your ticket and could step away from the cashier any time for the next available customer, but you're not.

      In that context, I don't see anything wrong with the City (the cashier operator in the analogy) to tell you to stop being such a dick.

    12. Re:Gotta agree with it being illegal by pla · · Score: 0

      It's based on holding public space hostage.

      If you think this doesn't already happen in every city in the world, I have a parking spot... er... bridge to sell you.

      The app in question just reduces the friction in the marketplace, effectively driving prices down to their fair value rather than the unpredictable climate we have now.

      And when the state engages in profit-seeking on the public commons, the state has lost its moral right to control that space. We allow the state limited control of (for example, roads) because we all theoretically get equal access to those shared spaces. Holding them hostage to the highest bidder betrays the trust necessary for a commons to exist in the first place. In this situation, SF merely disapproves of a more efficient provider than themselves charging a premium on a service they fail to adequately provide. The goverment hates competition.

    13. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      Not only that, but how and why would the auctioneer of the space get paid if he didn't wait and hold the spot?

    14. Re: Gotta agree with it being illegal by Adriax · · Score: 1

      Being the effective owners of said parking spots, the city has the right to determine who can use the public spots, not some phone app. Just as they can mark whole stretches of street as no parking or parking with time limits or other rules.

      If the app makers believe they have the legal right to continue operating they can sue to force the city to allow use of their app.

      --
      I don't suffer from insanity, I enjoy every minute of it!
    15. Re:Gotta agree with it being illegal by bickerdyke · · Score: 1

      Banning scalping would be like banning retail. Buy goods for less, sell them for more. None of government's business except when the ticket says "not for resale" in which case it's a breach of contract.

      I call BS. Or rather First Sales doctrine.

      You can't break a contract that has already been fulfilled. Money has changed hands, a physical good has changed hands. The contract is fulfilled.

      --
      bickerdyke
    16. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      Does it ever make you uncomfortabe how posting this kind of reflexive, unthinking, ideology-based bullshit makes you exactly like the Stalinists of old, just with a different set of keyword triggers? Do you ignore the similarities because clearly, their ideology was wrong and yours is right? Or do you simply lack the self-awareness to notice?

      Quoted for succinct brilliance.

    17. Re:Gotta agree with it being illegal by Jane+Q.+Public · · Score: 1

      You're kidding, right? As soon as you use the app you've proven intent.

      No, you haven't. Only if you use the app AND break the law by holding the parking space hostage. It doesn't matter "prove intent" but the law is not broken. (Unless you want to come up with a new crime: "conspiracy" to hold a parking space hostage for money.) So you have to do both or there is nothing to prosecute.

      How long do you think such a service would last if all it did was sell "information" about where someone was leaving a parking spot?

      As long as it wants. THAT'S. ALL. IT. DOES. The app doesn't hold parking spaces. It doesn't do anything illegal. If the people using it violate the law, that's their business. But as I understand the law, the app isn't doing anything illegal.

      Why would anyone in their right mind bid on "information" that everyone in within fifty feet of the seller can see for himself, and would be there to take advantage of long before any auction could take place, much less the winner driving to the location to accept his prize?

      That's a completely different issue. I wasn't arguing about the viability of the business. Just about whether it was actually illegal.

    18. Re:Gotta agree with it being illegal by Jane+Q.+Public · · Score: 0

      The only way information received from this application could possibly be useful was precisely if the auctioner held the spot for the winner. Because otherwise it would already be long taken by the time they got around, even if they were just a few city blocks away. Alternatively, San Francisco has an abundance of parking spaces, so what would be the point of this app?

      Just as I said to the other poster: whether it has any point or not is completely irrelevant to whether it is legal.

      Does it ever make you uncomfortabe how posting this kind of reflexive, unthinking, ideology-based bullshit makes you exactly like the Stalinists of old, just with a different set of keyword triggers? Do you ignore the similarities because clearly, their ideology was wrong and yours is right? Or do you simply lack the self-awareness to notice?

      Principle and ideology are not the same things. The law works the way it does for good reasons. Your ignorance of some of the fundamental principles of common law does not give you standing to throw insults. I think it's hilarious that you see my arguments about historical concepts of common law, and compare them to Stalinism. I have little doubt that in your ignorance, it seems logical to you.

    19. Re:Gotta agree with it being illegal by Roger+W+Moore · · Score: 1

      You can't break a contract that has already been fulfilled. Money has changed hands, a physical good has changed hands. The contract is fulfilled.

      Tell that to those convicted of trafficking in stolen goods. Contracts have to be legally fulfilled. What is being sold is not the physical ticket but the right to attend an event which can arguably be sold to an individual - instead of a ticket you could use photo-id and a list of names. The ticket is just a convenient, practical way to easily determine who has bought the right.

    20. Re:Gotta agree with it being illegal by Jane+Q.+Public · · Score: 1

      The way I see it (which also appears to be the way SF see it), this app encourages people to break several laws - laws against using a phone while driving, laws against loitering, et. al.

      In general, "encouraging" people to break the law is perfectly legal. Look up the "99%" protests. Look up the 1960s. Look up marijuana laws in some of the states today.

      Saying "go ahead, break this law" is not the same as holding a gun to someone's head. And it's very much different from shouting "Fire!" in a crowded theater. Encouraging people to break the law is one of the primary ways laws get changed.

      That said, I'm pretty sure you can't legally encourage people to commit crimes without committing one yourself; for example, if you encourage someone to murder someone else, that's either accessory or conspiracy, depending on locale and to what level, exactly, that you offered encouragement.

      No it isn't. Unless you help or compel them, in general you're only expressing an opinion. If you know about a murder and don't say anything, you might be an accessory. If you help with a murder, that might be conspiracy (or again, accessory). But encouraging? If that were true, then all those Black Panthers who have been saying "Kill Whitey", in public, were committing crimes, yes? Why weren't they prosecuted?

      Oh, yeah: because it's not a crime. It's just offensive.

      IANAL, but I'm pretty sure that's how it works.

    21. Re:Gotta agree with it being illegal by Ichijo · · Score: 1

      And eliminating the parking shortage by making a spot available to the highest bidder is somehow worse than hoarding a parking space all day (because you can park there all day for free if you get there before it fills up) instead of taking the bus or BART to work?

      My only problem with this app is that the money doesn't go back to the city to help lower everyone's taxes. But this isn't the fault of the app developers, it's the fault of the city for creating the shortage by setting the price below market equilibrium.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    22. Re:Gotta agree with it being illegal by Obfuscant · · Score: 1

      As soon as you use the app you've proven intent.

      No, you haven't.

      If you go online and say "I'll sell you access to a public parking space", you have clearly demonstrated the intent to sell a public parking space. You claimed that it would be hard to prove intent, and your argument is patently absurd. Intent is easy to prove. The sole purpose for the app is to facilitate that sale via auction. Using that app in the way it was intended shows a clear intent to do what the app is designed to let people do.

      Only if you use the app AND break the law

      You do not need to break the law to have intent. That's why they call it "intent".

      It doesn't matter "prove intent" but the law is not broken.

      Yes, intent to break the law is, in many cases, breaking the law. But the issue was proving intent, and simply using the app proves intent.

      As long as it wants. THAT'S. ALL. IT. DOES.

      That is not true. The seller is also preventing the free use of the public resource by others, not just selling the information that he is leaving the spot. In fact, he has NOT left the spot when the auction is held, he's only promising to leave AFTER THE BUYER SHOWS UP TO CLAIM IT. So no, the "information" is not all that is involved.

      That's a completely different issue. I wasn't arguing about the viability of the business. Just about whether it was actually illegal.

      I responded specifically to your claim that it was hard to prove intent. It is trivial to prove intent simply by showing use of an app that allows you to go online and sell access to the parking space you are currently occupying.

      And inherent in that action (holding the space) lies the viability of the business model. To have any value any information you claim is being sold must have a significant lifetime. The buyer is not just buying the information that you are leaving your parking space, he is buying your time to stay there until he gets there.

      Claiming is it just "selling information" is absurd. Nobody would pay for information that anyone within fifty feet of the space can see for themselves, and which would be invalid within 30 seconds after you leave. The only value to the service is if the seller stays in the space until the buyer shows up. So no, the business would not be in existence "as long as it wants", because nobody would use the app unless they got something of value for their money, and no honest person would try auctioning off a parking space if they weren't intending to provide the product they were selling, which is not just "information" that they're leaving the space, it is the space itself. And no seller would get paid if the buyer showed up and found that someone else had beaten them to the spot. I don't know what you think a viable business is, but this is a quintessential non-viable one -- without the act of conversion of public parking spaces to private resources for sale.

    23. Re:Gotta agree with it being illegal by bickerdyke · · Score: 1

      That's why the OP and me explicitly talked about actual physical goods and not physical tokens for entertainment services. But then again, 10 years ago, no one would have expected concert tickets to be handled differently from other physical goods. After all, as you said, tickets have been invented to have a convinient way to buy sell that right like you would buy and sell a gallon of milk.

      And yes, of course contracts have to be fulfilled legaly. But that doesn't change my point that a contract, after its fulfilment is fulfilled and done with and a fulfilled contract can't be broken (read: NOT be fulfilled) as it has been already fulfilled.

      --
      bickerdyke
    24. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      But then again, 10 years ago, no one would have expected concert tickets to be handled differently from other physical goods.

      10 years ago you didn't have assholes buying up shitloads of tickets and then selling them at a premium on the internet.

    25. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      So let's be clear: the auctioning of information about parking spaces is not illegal. If SF tries to claim it is, they have a long, Lombard-Street-steep hill to climb, and they'd probably lose in the long run.

      No, they will just make more laws and create more government and police intervention wasting more resources to stop the profiteering morons like you that split hairs on issues like this. Use the public parking space then leave when you're done, you don't have to make a profit out of it, this money-grabbing stupidity has gone far enough.

    26. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      You are not "buying or selling" a parking spot. You are buying and selling information about where that parking spot is. Those are two VERY different things.

      Wrong! You are selling access to the parking spot, you aren't leaving until the person who paid you has arrived to claim it. Have you actually used the app? Because your suggestions here indicate that you haven't. You do not provide the information and then auction it off, you sell access to the space.

    27. Re:Gotta agree with it being illegal by clarkkent09 · · Score: 1

      "Good" in this case is access to the event, not getting a piece of paper.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    28. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      And eliminating the parking shortage by making a spot available to the highest bidder is somehow worse than hoarding a parking space all day

      If you dont need the space then why are you even there? And if you need it then you aren't going to be auctioning it off. The only thing this does is creates a business of people getting up early, claiming public spaces and then charging other people to use them, it simply increases the cost for legitimate users.

    29. Re:Gotta agree with it being illegal by guruevi · · Score: 1

      Yes you did. And if it weren't online, it was in front of the stadium at least as far back as Sinatra.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    30. Re:Gotta agree with it being illegal by geekoid · · Score: 1

      You fail at logic and First Sale Doctrine knowledge.
      Well done.

      If it says not for resale on the ticket, then that is part of the contract.
      The ticket is a ticket. Most of the say the purchaser of the ticket has a seat'.

      Plus much of society sees scalping as unfair. That alone can be a reason for it to be illegal.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    31. Re:Gotta agree with it being illegal by geekoid · · Score: 1

      yes, it can.
      If the ticket says not for resale, then that is the contract. If you resell it you break the contract you agreed to.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    32. Re:Gotta agree with it being illegal by geekoid · · Score: 0

      Bullshit you are twisting meaning and misleading.

      Or you are the fucking stupidest person on the planet. One or the other.

      Auction off information you only have access to is insider trading.
      Holding a space to a specific time is auctioning off a space.
      This will be abused, and people will hold spots waiting for a higher bidder.
      Hey, just because I said I would leave at 5 doesn't mean I have to leave at 5. I decided to wait until 5:30 becasue..uh. I want to do more shopping. Yeah that it.
      OH, hey I see you are looking for a spot. I MIGHT be leaving in a minute. How much to make it happen?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    33. Re:Gotta agree with it being illegal by geekoid · · Score: 1

      it's Racketeering.
      I'll make a space available for a price.
      There is exactly no other reason to use this app.
      It is also like racketing in that the person who collects the money won't deliver most of the time.

      The App is a tool to make profit from insider knowledge.
      As the other poster pointed out, it is only useful to anyone who would hold a slot hostage. If the parking lot is busy, then there are people there looking for a spot. If it isn't busy, then spots are available. So telling people on the internet a spot is available has ZERO VALUE unless the specifically hold it for a person. Which this happens does because people are BIDDING ON IT.
      If it was just a this spot is available app and no money or good exchanged hands, then there wouldn't be a problem.

      You know what else is just information? your credit card data. I bet if I sold that you would have a shit fit.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    34. Re:Gotta agree with it being illegal by geekoid · · Score: 1

      Don't confuse 'didn't arrest' with 'legal'

      Large illegal protest can be just handled when enforcing something might cause a riot.
      Look at all the 99% protester who were arrested for breaking the law.

      "Black Panthers who have been saying "Kill Whitey", in public, were committing crimes, yes?"
      No. Too generic. If they said Kill Whitey Ford, that would have been different.

      You're usual insightful intelligence seems to have left the building in regards to this issue.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    35. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      Does it ever make you uncomfortabe how posting this kind of reflexive, unthinking, ideology-based bullshit makes you exactly like the Stalinists of old, just with a different set of keyword triggers? Do you ignore the similarities because clearly, their ideology was wrong and yours is right? Or do you simply lack the self-awareness to notice?

      um, huh? maybe try putting some sugar in your coffee next time.

    36. Re:Gotta agree with it being illegal by Entropius · · Score: 1

      This contradiction demonstrates in a nutshell why price controls on limited resources are silly.

    37. Re:Gotta agree with it being illegal by Goetterdaemmerung · · Score: 1

      It's based on holding public space hostage.

      How is it holding public space hostage?

      People pay rent to use the space, it's hardly a public park free to all. A sublet would be an appropriate analogy.

    38. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      Just as I said to the other poster: whether it has any point or not is completely irrelevant to whether it is legal.

      And it isn't legal, you aren't selling information, you are selling a service of holding the parking spot hostage until the winning bidder arrives and pays you to leave.

    39. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      How is it holding public space hostage?

      Because you are occupying a space until a fee has been paid to you.

      A sublet would be an appropriate analogy.

      Wrong because once the ransom is paid you relinquish control.

    40. Re:Gotta agree with it being illegal by Maxo-Texas · · Score: 1

      Scalping is easy to fix.

      Sell one set of tickets without names for $450 and another set of tickets with the name of the bearer on them for $60/$80/$120-- whatever.

      To use the ticket, the name on your photo id must match the name on the ticket.
      Easy to buy for your friends at the same time- just give their names and then those are printed on their tickets.

      If you want to buy a "scalping" ticket lacking a name- then you pay a premium for it.

      This way *fans* of the shows can pay the price the venue and the band wants the tickets to be sold for and scalpers can subsidize the fans tickets.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    41. Re:Gotta agree with it being illegal by gnupun · · Score: 1

      How is it holding public space hostage?

      X is currently occupying a parking space. He plans to leave in 5 mins because his task in that area has been completed. Random stranger Y is close by and looking for a parking spot. Instead of Y getting it, X sells the spot using the phone app to Z, who is much farther away than Y. X then squats at the parking spot until Z arrives. X and Z are hogging the parking spot and holding it hostage by not allowing a person close to the parking spot, (such as Y) to use it.

    42. Re:Gotta agree with it being illegal by bickerdyke · · Score: 1

      I think it takes more than three words scribbled on a piece of paper to circumvent the first sales doctrine.

      But I agree with you that tickets are a special case.

      --
      bickerdyke
    43. Re:Gotta agree with it being illegal by Hognoxious · · Score: 1

      Well, technically they aren't accessories. But that doesn't mean it's legal. Quite the opposite, in fact.

      http://www.leginfo.ca.gov/cgi-...

      All persons concerned in the commission of a crime, whether it
      be felony or misdemeanor, and whether they directly commit the act
      constituting the offense, or aid and abet in its commission, or, not
      being present, have advised and encouraged its commission, [...] are principals in any crime so
      committed.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    44. Re: Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      Nice car you have there.

      For $40 I can give provide information on how to keep those tires from getting slashed once you vacate your vehicle.

    45. Re:Gotta agree with it being illegal by Anonymous Coward · · Score: 0

      The question of whether it is legal has just been answered by the city of SF.

    46. Re:Gotta agree with it being illegal by Jane+Q.+Public · · Score: 1

      No. Too generic. If they said Kill Whitey Ford, that would have been different.

      You're trying to move the goalposts. The discussion was about "encouraging people to break the law".

      Saying "Kill Whitey" is encouraging people to break the law. Nobody said it had to be about some specific person, or some specific law.

      We have something in the United States called the First Amendment. Inciting imminent riot (the famous example is yelling "Fire!" in a crowded theater) was ruled an exception. "Encouraging" someone to break a municipal parking laws doesn't even come close to being an exception.

    47. Re:Gotta agree with it being illegal by Jane+Q.+Public · · Score: 1

      All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, [...] are principals in any crime so committed.

      First, it says "advised AND encouraged". That makes you an accessory. You haven't just encouraged, you have assisted in the commission of the crime.

      And second: it applies to felonies and misdemeanors. Which are crimes. A traffic or parking violation my be illegal, but it is not a crime, it is a civil infraction.

      So even if it were illegal for this app to "encourage" a crime (and I am not convinced that it is), it is not, in fact, encouraging a felony or misdemeanor. Just a civil infraction.

    48. Re:Gotta agree with it being illegal by Obfuscant · · Score: 1

      This contradiction demonstrates in a nutshell why price controls on limited resources are silly.

      On publicly traded limited resource, yes. On government provided services, no.

    49. Re:Gotta agree with it being illegal by david_thornley · · Score: 1

      There's a difference between saying "Kill Whitey" and saying "Shoot him". One is a general sentiment (unless accompanied by an indication of somebody with pink skin), one is trying to encourage a specific crime. Similarly, saying "San Francisco should let people auction public parking spots" is an expression of opinion, while "I'll move my car for you for $20" is participating in a crime.

      IANAL, so I won't comment on the legality of this particular app, except that it pretty well proves intent in a suspicious transaction. However, the app is pretty well useful only to facilitate illegal actions, so I wouldn't count on it being legal, or that the app writers would not be legally liable.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    50. Re:Gotta agree with it being illegal by david_thornley · · Score: 1

      A LONG time ago, when I was young, I bought a paperback book that claimed on one of the front pages that it was sold on the condition that it could not be resold or lent. It was more than three words. Thing is, it was a physical object I bought by handing money to the cashier without further negotiation, so I figured it couldn't possibly be binding. Nowadays, I fear it would have some relation to a EULA.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    51. Re:Gotta agree with it being illegal by coolsnowmen · · Score: 1

      How long do you think such a service would last if all it did was sell "information" about where someone was leaving a parking spot?

      As long as it wants. THAT'S. ALL. IT. DOES. The app doesn't hold parking spaces. It doesn't do anything illegal. If the people using it violate the law, that's their business. But as I understand the law, the app isn't doing anything illegal.

      Ask napster how well that argument worked out

  4. So much for that idea... by Anonymous Coward · · Score: 0

    Another venture capital fail. Back to the unemployment office for the staff and their stock options...

    1. Re:So much for that idea... by timrod · · Score: 3, Insightful

      It still has some use, but they're just not doing it right. The City admitted that people can rent out their driveways or private garages as parking spaces, so I could easily see a revision of this app that works sort of like Uber but for parking spaces.

      People who have parking spaces to spare (apartment blocks, businesses, private homeowners) sell their driveways or parking lots as parking spaces. The people buying pay the property owner a given amount, and a percentage of that comes back to the company as a "finder's fee". You could even have businesses buy parking spaces in people's driveways nearby that are only valid for that business, ie;

      Business A has a parking lot that isn't big enough to meet customer capacity at peak hours. They're in a position that would make it very difficult to expand their parking ,but there are nearby homes that have large, unused driveways. Business A can rent some of those driveways and mark them as specifically for use for their customers, so that their customers now have a place to park during peak hours.

      I bet you could still make some pretty good money with it, since I'm sure apartment owners would love to get money for letting people use spaces that would otherwise go unused. The only real problem would be enforcement, but I'm sure there's some way around that.

    2. Re:So much for that idea... by laie_techie · · Score: 2

      I lived in a town home in a college town. Our landlord rented our parking lot out during football games. The landlords made big bucks, but residents had to prove they lived there in order to avoid the parking fee.

    3. Re:So much for that idea... by meerling · · Score: 2

      If you have a parking space for renting there, I'm pretty sure that would be illegal. Same if they decided to rent your bedroom to a tourist as a B&B. Your rental agreement provided you with your place (I'm guessing an apartment) and a parking spot. The landlord is not able to then legally rent out to someone else what you are already renting.
      ianal, but damn, there are some things that are pretty bloody obvious and well documented to even the public.

    4. Re:So much for that idea... by Anonymous Coward · · Score: 0

      The GP doesn't say that the residents were made to move their cars or anything, or the details of the parking space. Maybe they just didn't care most of the time about how the parking spaces were used.

    5. Re:So much for that idea... by westlake · · Score: 1

      Business A has a parking lot that isn't big enough to meet customer capacity at peak hours. They're in a position that would make it very difficult to expand their parking, but there are nearby homes that have large, unused driveways.

      Not, I think, a very realistic scenario.

      Homes with unusually large, unused, driveways aren't often to be found in a commercial district.

      Homeowners can get very prickly about strangers using off-main-street residential parking. Police, fire and ambulance services also. When neighboring driveways begin to fill, you'll get an earful at the next meeting of the town council or the zoning board.

    6. Re:So much for that idea... by Anonymous Coward · · Score: 0

      It's a startup...they'll just pivot. For instance, why limit themselves to just parking? This kind of douchebaggery can apply much more broadly than just selling your parking space. For instance:

      1) I took 12 numbers at the DMV an hour ago and I'm selling 11 of them.
      2) I'm at the front of the the Cronut line...pay $10 to be my "friend" that joins me in line at the last moment.

      And so on and so on...their technology could be generalized to sell all manner of things that people don't actually own but possess momentarily.

    7. Re:So much for that idea... by laie_techie · · Score: 1

      If you have a parking space for renting there, I'm pretty sure that would be illegal. Same if they decided to rent your bedroom to a tourist as a B&B. Your rental agreement provided you with your place (I'm guessing an apartment) and a parking spot. The landlord is not able to then legally rent out to someone else what you are already renting. ianal, but damn, there are some things that are pretty bloody obvious and well documented to even the public.

      We didn't have assigned stalls in the parking lot (indeed, the stalls weren't even numbered). In non-game days it was first-come first-served. Each resident was allowed to register a single vehicle with the office. Temporary passes were available for visitors, and parking stickers were only enforced after hours or on game day.

    8. Re:So much for that idea... by Cinnamon+Beige · · Score: 1

      Odds are, the reason you needed to prove you lived there was because there were people who were neither paying the fee for renting a space nor living at the apartments who were taking up spaces--some places issue placards and/or specific spots that go with the place, sometimes entirely because the place has had problems with non-residents using the lot as a public parking lot to the point of crowding out residents.

      That said, there still needs to be sufficient spaces for residents' use, and it should be made clear before any money changes hands that this goes on--with a chance to ask questions like "So, is the fee charged for any guest parking, or just when there's a game?"

    9. Re:So much for that idea... by Rakarra · · Score: 1

      It's almost like you're claiming all work is productive and useful.

  5. They hate our freedom by iamacat · · Score: 1

    Specific practices like driver using phone while driving, or curb parking time limits can certainly be regulated. But not the basic fact of people exchanging money for information. Dislike it all you want, but people have freedom to do as they want.

    1. Re:They hate our freedom by bluefoxlucid · · Score: 4, Interesting

      It occurs to me that knowing where a parking space is available would reduce time spent driving around, itself reducing pollution, excess expenditure on additional fuel, the clogging of streets, and other issues associated with tons of traffic driving in circles throughout the city.

      These people are providing the city the great and valuable service of a functional smart parking grid operating when parking congestion is high.

    2. Re:They hate our freedom by Firethorn · · Score: 5, Insightful

      But not the basic fact of people exchanging money for information.

      It falls back to 'holding a public space hostage' the moment the seller stays in his spot any longer than he would have without the application in order to get said money/allow the buyer the spot. I believe that the application amounts to being worthless if the seller doesn't hold the space for the buyer, because in my experience somebody will pull into the spot less than a minute later without any intervention.

      This leads to less efficient use of space due to lingering, which is what the city wants to avoid.

      --
      I don't read AC A human right
    3. Re:They hate our freedom by MarkvW · · Score: 3, Insightful

      "People have the freedom to do as they want."

      Your opinion will change when you grow up.

    4. Re:They hate our freedom by Anonymous Coward · · Score: 2, Insightful

      You completely missed the point.

      People would deliberately find prime parking places and park there, then use the app to get money to relenquish their parking spot. It turned a public resource, something paid for by tax dollars, into something you had to pay an individual to get access to.

      It's the same as domain name squatting. It was a completely fucked up and greedy concept.

      Please use your brain and actually think about things before posting.

    5. Re: They hate our freedom by Anonymous Coward · · Score: 0

      I use a network of raspberry pi around the city that provide street views of places I park.

    6. Re:They hate our freedom by Anonymous Coward · · Score: 0

      But not the basic fact of people exchanging money for information.

      Only when the government receives a cut of the transaction will such behavior be "legally" approved.

    7. Re:They hate our freedom by Anonymous Coward · · Score: 0

      most likely someone will hire illegals to hold the spots and take the money. and people will be forced to pay ridiculous amounts of money just to park at home for the night

    8. Re:They hate our freedom by Anonymous Coward · · Score: 1

      These people are providing the city the great and valuable service

      haha. There will be people spending all day occupying good spots for the sole purpose of selling them to the highest bidder... It's an awful solution. The city needs to build more parking garages, it's insane that they don't.

    9. Re:They hate our freedom by Anonymous Coward · · Score: 0

      The accuser has the burden of proof.

      This amounts to the city trying to extort money out of people. In short, the city is just mad they don't get a piece of the pie.

      Coercion is a crime, and the city official in making such threats is not in performance of his duty, but is in comission of a crime.

    10. Re:They hate our freedom by Anonymous Coward · · Score: 1

      Already happening.

    11. Re:They hate our freedom by Kkloe · · Score: 1

      you have had your freedom to vote for the government, you have had your freedom to vote for those who makes laws, you have had your freedom to vote for the people in charge of the city, now by your freedom they have made it illegal, in practice you have made this happen with your freedom

    12. Re:They hate our freedom by oodaloop · · Score: 1

      Seems to me they're banning the sale of something you don't own, which sounds a lot like stealing.

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
    13. Re:They hate our freedom by Anonymous Coward · · Score: 0

      . Dislike it all you want, but people have freedom to do as they want.

      "Toto... I don't think we're in Kansas anymore....."

    14. Re:They hate our freedom by iamacat · · Score: 1

      On the subject of holding public spaces hostage, I wonder what you think of occupy movement and all the other protests, which are especially common in San Francisco?

      Practically speaking, if parking spaces are popular, seller will not have to hold them for long. Since the buyer also has the app installed, he/she will have incentive to leave sooner, during prime time, to make the money back.

    15. Re:They hate our freedom by Registered+Coward+v2 · · Score: 1

      Specific practices like driver using phone while driving, or curb parking time limits can certainly be regulated. But not the basic fact of people exchanging money for information. Dislike it all you want, but people have freedom to do as they want.

      They aren't making the exchange of info illegal. You can still say "For $30 I'll tell you where a perking spot is.." it's the "and I'll hold it for you until you arrive ..." that is illegal. I think the city is justified in this position.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    16. Re:They hate our freedom by OzPeter · · Score: 1

      But not the basic fact of people exchanging money for information. Dislike it all you want, but people have freedom to do as they want.

      There was already a law on the books against what this company is trying to do.

      Have you considered that there might actually be a valid use-case for such a law?

      --
      I am Slashdot. Are you Slashdot as well?
    17. Re:They hate our freedom by PvtVoid · · Score: 3, Insightful

      Specific practices like driver using phone while driving, or curb parking time limits can certainly be regulated. But not the basic fact of people exchanging money for information. Dislike it all you want, but people have freedom to do as they want.

      It is illegal to exchange money for all kinds of information. Credit card and Social Security numbers, for example. Insider trading, for another. It continually amazes me the degree to which crackpot libertarian ideology is so consistently blind to extremely common legal practice. Do you people spend all of your time in the basement?

      Furthermore, a law banning the parking app would be trivial to enforce. Just have police answer the ads, find the douchebag who is blocking the spot in order to charge for it, tow their car, and give them a nice big ticket. Can't happen soon enough.

    18. Re:They hate our freedom by Rob+Y. · · Score: 2, Insightful

      Who's going to prevent the fistfights when someone spots you getting into your car and waits for you to leave the space - and you just sit there. If I'm waiting for you to move and somebody else pulls up who insists on taking the space 'because he paid for it', it's not going to be pretty.

      --
      Posted from my Android phone. Oh, I can change this? There, that's better...
    19. Re:They hate our freedom by CaptainLard · · Score: 2

      These people are providing the city the great and valuable service of a functional smart parking grid operating when parking congestion is high.

      And all they need to accomplish this great service is sell rights to property they don't own. I wonder how much cell reception in your neighborhood would improve if I sold verizon the rights to demolish your house and put a cell tower in it's place?

    20. Re:They hate our freedom by Yebyen · · Score: 2

      You think the same people are both buying and selling spaces? I envision a person driving around looking for spaces all day and pulling into them, bringing up the app on their way back from the newsstand to re-sell the space as soon as they have secured one for free/with some delay so as to promote some appearance of not being a plain old squatter abusing the commons and rent-seeking with free public resources. A second person with more money than time enables him by installing the app and buying the space from him, because it's easier than driving around looking for their own space during prime-time parking hours. Especially now that we have this app!

      At no point did I imagine anyone buying a space who has enough time to wait around for someone else to buy it back from them later.

      --
      Restating the obvious since nineteen aught five.
    21. Re:They hate our freedom by gstoddart · · Score: 2

      I think stealing is a little incorrect here.

      I am currently legally occupying a place, because I've paid the parking meter or am still within the period I can be parked for free.

      What I'm selling you is the information that, for the next 20 minutes, the opportunity for you to get dibs on legally occupying the same space is up for grabs.

      Now, understandably, if you had a whole bunch of people who camped out on these spots first thing in the morning and sold the spot to the highest bidder then nobody could ever find anything on their own. Because then as soon as they sell a spot they start looking for new ones and keep doing it all day long.

      But, as far as selling things you don't own ... well, companies trade in your personal information all the time. Some of us disagree that they 'own' it, they've just laid claim to it.

      So, how is me selling the location of a parking spot I can make available to you any different than Google and Facebook exploiting your personal information to make money?

      --
      Lost at C:>. Found at C.
    22. Re:They hate our freedom by Firethorn · · Score: 2

      I wonder what you think of occupy movement and all the other protests, which are especially common in San Francisco?

      Complicated. Keep in mind that the situations varied by different locations. Still, on average I believe that they enjoy more protection simply by being explicitly political/non-monetary in nature. For that matter they probably had those locations more highly populated/used than normal.

      Where I start drawing the line is where they start causing damage.

      Since the buyer also has the app installed, he/she will have incentive to leave sooner, during prime time, to make the money back.

      It also gives incentive to be a professional parking-keeper if the rates are high enough. Drive around looking for a spot. Take it, immediately list & sell. Move on and find another. Hell, it could probably be done on foot or scooter.

      --
      I don't read AC A human right
    23. Re:They hate our freedom by Anonymous Coward · · Score: 0

      Specific practices like driver using phone while driving, or curb parking time limits can certainly be regulated. But not the basic fact of people exchanging money for information. Dislike it all you want, but people have freedom to do as they want.

      What?

      How is this fundamentally any different from blocking a street and only moving when you get paid enough money?

      Why the hell does one private person get to sell access to public property?

    24. Re:They hate our freedom by fulldecent · · Score: 0

      And yes, this is the correct way to deter behavior. Rather than another cease and desist which is probably based on no more legal authority than "I'm wearing a badge"

      --

      -- I was raised on the command line, bitch

    25. Re:They hate our freedom by Ol+Olsoc · · Score: 2

      They aren't making the exchange of info illegal. You can still say "For $30 I'll tell you where a perking spot is.." it's the "and I'll hold it for you until you arrive ..." that is illegal. I think the city is justified in this position.

      Absolutely. People cannot sell things they do not own. That is public space they are trying to sell.

      And before some wag tries to write "If it's public space, I own it.

      I suggest that person try to build a house there.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    26. Re:They hate our freedom by whoever57 · · Score: 5, Insightful

      These people are providing the city the great and valuable service of a functional smart parking grid operating when parking congestion is high.

      There seems to be an unwritten premise behind your claim that the space would be unused if it were not for this app. In fact, the reverse is true -- likely the driver "selling" the space will remain in place longer than necesssary so that he/she can sell the parking space. Without the ability to sell a space, it will be vacated more quickly and then immediately filled by another driver who happens to be driving by (because there is a shortage of parking).

      --
      The real "Libtards" are the Libertarians!
    27. Re:They hate our freedom by Anonymous Coward · · Score: 1

      The only problem with this system which is brought up in the article is it can be abused.

      I could quit my job and instead just drive around finding empty parking spots, park and then post that I have a spot for sale. Sell that spot and drive to the next.

      In fact, I think I'll move across the country to SF now!

    28. Re:They hate our freedom by pr0fessor · · Score: 4, Insightful

      I pay taxes that are used to build and maintain roads including public parking, why on earth would I allow a third party to make money off public parking if it's not re-invested into the road system (hopefully to address problems with parking).

    29. Re:They hate our freedom by bluegutang · · Score: 0

      The space is not "public" once it is rented to the current occupant of the spot! And lingering may be inefficient, but so is circling the block for half an hour looking for a spot.

      If efficiency is really the goal, then the city of SF should raise the fee for parking to a market rate. But I suspect that certain interest groups would oppose that...

    30. Re:They hate our freedom by meerling · · Score: 1

      I hadn't thought of that yet, but it would totally put a damper on that kind of b.s., even more so if they confiscated the car and phone. (Evidence and all that.)
      Though to be honest, I'm morally opposed to confiscation with no intent to return to the proper owners after evidentiary needs are met.

    31. Re:They hate our freedom by Anonymous Coward · · Score: 0

      Correct. It's good for the environment so the Republicans hate it. That's why they banned it. That, and control. Their kind wants to control everything.

    32. Re:They hate our freedom by myowntrueself · · Score: 1

      Dislike it all you want, but people have freedom to do as they want.

      'Free country' doesn't mean what you think it means.

      Eg:
      Free Speech Zone

      --
      In the free world the media isn't government run; the government is media run.
    33. Re:They hate our freedom by stephanruby · · Score: 3, Interesting

      No, the city already has parking motion detectors on their parking meters that can detect when a street parking space is vacated and the city also makes available a free real-time api that third party developers can use for republishing that information (for free, or even for a profit if those third party desire). There are already several apps on the market that do this (that the city has no problem with)

      What this particular app encouraged was to keep parking spaces occupied, until a particular ransom was paid. This meant that cars with disabled placards (which are not required to pay anything, and not required to move by a certain time) would have the incentive to hold a parking space indefinitely until they got paid. And this also meant that some business storefront owners could hold spaces by placing junk/furniture/pots of flowers on a parking space, so that no other car could pull into it unless they got paid off as well.

      Unfortunately, holding parking spaces illegally is already a common practice in San Francisco (even before that mobile application came on the market). Regularly, business owners are caught painting the curb of their sidewalks in front of their store with green, yellow, or red, without having the proper city permits to do so (those illegal markings can be distinguished because they're not stamped with the usual SFPD and the red markings around storefronts/private driveways usually extend far more than they're supposed to).

    34. Re:They hate our freedom by TheLink · · Score: 2

      As long as voters can still vote and elections aren't terribly rigged/diebolded, I don't really consider protests that hold public spaces hostage a good thing. It's fine if they rented out a public space (stadium or field) for their "event".

      If you want to protest publicly you could wear a particular hat, shirt, colored item, etc as a sign of protest and move about without preventing others from going about their normal daily lives. Causing massive disruption does not endear me to your cause. If you let random bunch of people start disrupting stuff, you cause problems for everyone else - and another bunch of people might start to do similar or _worse_ things if they disagree with the first bunch.

      There are additional/alternative ways of communicating and spreading your message. Many people claim social media is useless -tweets, facebook shares, etc. But there are a number of governments that don't think so: https://en.wikipedia.org/wiki/...
      https://en.wikipedia.org/wiki/...
      And looking at various "campaigns" social media can actually be useful.

      It's a different case if people don't have other options- they can't vote and communications are blocked/censored.

      --
    35. Re:They hate our freedom by TheLink · · Score: 1

      It's more like hoarding: https://en.wikipedia.org/wiki/...

      A feature of hoarding is that it leads to an inefficient distribution of scarce resources, making the scarcity even more of a problem

      It's in the interests of the city to have parking spaces that are used for only as long as they are needed.

      Allowing this "auctioning" thing causes parking spaces to be held longer than otherwise just so that someone can try to make money from it.

      There is no significant increase in efficiency if parking spaces are in great demand - the moment you leave your spot, someone else is likely to take it. And even if there is some inefficiency there are other ways of solving it without this auctioning.

      --
    36. Re:They hate our freedom by Anonymous Coward · · Score: 0

      No, he'll still be free to do as he wants, he'll just want to do different things. What on earth does age have to do with doing what you want?

    37. Re:They hate our freedom by Obfuscant · · Score: 1

      If efficiency is really the goal, then the city of SF should raise the fee for parking to a market rate. But I suspect that certain interest groups would oppose that...

      Yes, like the public who pay taxes that support the system and think that public resources should be available to the people who pay to create them at cost and not some inflated rate.

      You want inflated parking rates and profit, buy some land and make it a private parking lot.

    38. Re:They hate our freedom by CastrTroy · · Score: 2

      Or they need better public transportation so people don't have to drive their cars everywhere.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    39. Re:They hate our freedom by bluefoxlucid · · Score: 2

      I got a tetanus vaccination last week so that my constant work in the garden won't lead to my unpleasant not-quite-death. And all I needed was a poke in the arm, which was extremely unpleasant, but oh well.

      Here are your options:

      Default: drive around for hours on clogged streets, not able to get anywhere. Get close to your destination, spend 20 minutes circling the surrounding 3 blocks twice, determine this isn't getting you anywhere. Spend 10 more minutes getting further out. Park, walk for 20 more minutes. Get to your destination 50 minutes after you've first reached it, itself after 20 minutes of battling traffic to get close in the first place. This is down town Baltimore City.

      Alternate One: Get close to your destination. Pull out your phone, find a parking spot, purchase. The streets are less clogged due to people parking more quickly, thus fewer cars on the road, thus you reach your destination in 5 minutes. Park, pay. Cost including reservation and any parking meter costs will be lower than the $15-for-the-first-four-hours cost of the surrounding parking lots and garages (on saturday nights, I get $8 plus a VAT for the night, 8pm to 1am only, out by 5am, from ONE parking garage; the rest are charging $8 to get in plus $2/hr, so $18 to stay out from 8pm to 1am).

      Alternate Two: Have the city install a smart grid. Reserve parking spot remotely and pay city an additional fee on top of usual parking costs, additional taxes, or both.

      Alternate Three: Have the city install a smart grid. No reservations; pay additional taxes to constantly race to where a parking space will hopefully still be.

      The cheapest and most effective solution is Alternate One. The other two require building more infrastructure, paying more fees and taxes, and maintaining the infrastructure. Alternate One provides near-parity with much lower investment and maintenance costs. Costs are direct--not hidden in taxes or reduction of other city services--and are bounded by the cost of parking at readily-available higher-tier parking garages (i.e. you won't pay $45 to park a block away from the $12 parking garage).

      Economics.

    40. Re:They hate our freedom by bluefoxlucid · · Score: 1

      The space going unused isn't the problem; the space being in use *is* the problem.

      In a parking shortage, you have two shortages: one of parking spaces and one of information. The shortage of information causes the problems associated with parking shortage.

      In short: the driver who immediately fills your parking space finds it by luck. The more severe the parking shortage, the more cumulative distance that driver has driven (i.e. in circles) trying to find a spot by luck. Rather than circling the block a dozen times, the driver looks up a spot and reserves it, then goes directly there.

    41. Re:They hate our freedom by AK+Marc · · Score: 1

      The right to peaceably assemble is fine, so long as there's no place to legally do so.

    42. Re:They hate our freedom by CanHasDIY · · Score: 1

      The accuser has the burden of proof.

      They have it.

      Loitering is illegal. Selling use of public spaces is illegal (if you're not the government). Dicking with a cell phone while in the driver's seat is, in many place, illegal.

      This app encourages people to commit all the above crimes and likely more, which makes the app developers co-conspirators at best, and directly liable at worst.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    43. Re:They hate our freedom by praxis · · Score: 1

      Or they need better public transportation so people don't have to drive their cars everywhere.

      It needs to be good enough public transportation to allow not owning a car for an owned car must still be parked somewhere.

    44. Re:They hate our freedom by CanHasDIY · · Score: 1

      On the subject of holding public spaces hostage, I wonder what you think of occupy movement and all the other protests, which are especially common in San Francisco?

      False equivalence.

      Sitting in one spot in the park for 3 days is not the same thing as sitting in one spot in the park for three days, demanding that anyone else who wants to use said spot has to pay you to leave.

      Having to pay people a ransom to vacate public spaces is probably not a precedent we want to set.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    45. Re:They hate our freedom by bluefoxlucid · · Score: 1

      We have nothing like that here. Parking spaces don't have smart grids. San Francisco appears unique in this aspect; in Baltimore, it would be a high expense that the city cannot undertake.

      My experience with parking congestion is limited to Baltimore's Inner Harbor. In this scenario, the streets are filled with cars so much that a pedestrian OUTWALKS them; I am annoyed at the slow pace of traffic when on my bicycle but, fortunately, most of Pratt carries a bike and bus lane on the right. I'm going 30mph down the road (on a bicycle, yes--it's level) beating the lights (which you must stop for on a bicycle!), while everyone else is crawling.

      Parking garage fees can easily break $20 if you're doing the 10-2 or 8-1 run on a Saturday night, except for a select few running an early bird special. Typical fees are $12-$15 to get in, $1-$3/hr until you leave, rounded up. Folks try to get a $2/hr roadside spot driving around for a half hour or more (and most of them cheat and only pay for the first hour--the meters don't expire; you put a ticket on the dash in your car, which has the date printed on it, although it's only valid for an hour).

    46. Re:They hate our freedom by praxis · · Score: 1

      The accuser has the burden of proof.

      This amounts to the city trying to extort money out of people. In short, the city is just mad they don't get a piece of the pie.

      Coercion is a crime, and the city official in making such threats is not in performance of his duty, but is in comission of a crime.

      The accuser indeed does have the burden of proof. What proof do you have that the city official committed a crime?

    47. Re:They hate our freedom by CanHasDIY · · Score: 1

      I think stealing is a little incorrect here.

      I am currently legally occupying a place, because I've paid the parking meter or am still within the period I can be parked for free.

      What I'm selling you is the information that, for the next 20 minutes, the opportunity for you to get dibs on legally occupying the same space is up for grabs.

      You don't get to "call dibs" on public space; this isn't fucking pre-school, there are no frontsies, backsies, or seat-savies in adult life.

      Think of it this way: would you be OK with it if I set up a roadblock between the street you live on and the next, and demanded you pay me $50 to pass my checkpoint? Because that's essentially what this app does: encourages people to illegally squat on public land, then try to fleece the rest of the population by forcing them to pay for the privilege of parking in a space their taxes already paid for.

      So actually, it is stealing, in several different ways.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    48. Re:They hate our freedom by CanHasDIY · · Score: 1

      Specific practices like driver using phone while driving, or curb parking time limits can certainly be regulated. But not the basic fact of people exchanging money for information. Dislike it all you want, but people have freedom to do as they want.

      They aren't making the exchange of info illegal. You can still say "For $30 I'll tell you where a perking spot is.." it's the "and I'll hold it for you until you arrive ..." that is illegal. I think the city is justified in this position.

      Also the "this app is only useful if you use it while behind the wheel" part. Not sure if dicking with a phone while driving is illegal in SF, but it is where I live.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    49. Re:They hate our freedom by Rockoon · · Score: 1

      why on earth would I allow a third party to make money off public parking if it's not re-invested into the road system

      You mean why on earth would you allow the tow truck driver that removes a car thats been parked in a spot too long to make money off public parking?

      --
      "His name was James Damore."
    50. Re:They hate our freedom by PapayaSF · · Score: 2

      It occurs to me that knowing where a parking space is available would reduce time spent driving around, itself reducing pollution, excess expenditure on additional fuel, the clogging of streets, and other issues associated with tons of traffic driving in circles throughout the city.

      Ah, but you are being logical and not ecological. It has been official policy in SF for years to "get people out of their cars" by any means. This includes intentionally removing parking places (more, more), and even preventing new construction from having more than one parking space per unit.

      --
      Q: What does the "B." in Benoit B. Mandelbrot stand for? A: Benoit B. Mandelbrot
    51. Re:They hate our freedom by gstoddart · · Score: 1

      Think of it this way: would you be OK with it if I set up a roadblock between the street you live on and the next

      Except, it's nothing like that.

      If I'm parked in a parking space, and will be vacating it soon, I'm not denying you access to it, because it's not available to you at the moment. What I'm selling is the fact that I will be vacating it.

      If you block me in a public street that's an entirely different thing. That is actively preventing me from doing something I'd otherwise be able to do -- you wouldn't be able to park in the spot I'm currently occupying, but nobody is stopping you from driving on the road.

      then try to fleece the rest of the population by forcing them to pay for the privilege of parking in a space their taxes already paid for.

      So, I have never tried to park in San Francisco. I assume they have parking meters.

      If your taxes paid for it, WTF are you putting money into a meter for if your taxes have paid for it already?

      It's not stealing. It might be a little on the 'asshole' end of the spectrum, but it's not stealing.

      --
      Lost at C:>. Found at C.
    52. Re:They hate our freedom by Anonymous Coward · · Score: 0

      Mobsters could also say they are exchanging money for the information. Pay them the money and they will tell the local businessmen how they can avoid having their buildings torched by arsonists.

      Pay money for the "information" about the parking spot and that spot will be suddenly no longer be occupied once the seller of the information sees you approach it. Would it have been available have you not payed the protection money for the parking spot? How many times have you paid money for the information only to find that someone else happened to pull into that spot?

      Don't play stupid. It's not the exchange of information. It's the exchange of occupancy of a physical parking spot. Nobody is going to pay money to for information about a parking spot that is empty now but another car may pull in 30 seconds later. They are paying for a parking spot that is currently occupied, nobody else will be given a chance to occupy and will become vacant for their exclusive use once they arrive.

    53. Re:They hate our freedom by tranquilidad · · Score: 1

      Loitering is rarely illegal and anti-loitering statutes have been ruled unconstitutional.

      Unless you are loitering with the clear intent to commit a crime you are pretty much free to hang out on any street, as Souter said, "...just to watch cars go by."

    54. Re:They hate our freedom by tranquilidad · · Score: 1

      Freedom can often be abused. That's why it's, well, 'Merica.

    55. Re:They hate our freedom by Rockoon · · Score: 1

      Yes, like the public who pay taxes that support the system and think that public resources should be available to the people who pay to create them at cost and not some inflated rate.

      What inflated rate is that?

      The real issue is that SF doesnt seem to give a shit that they are fucking the local residents (by taxation) for the benefit of out of town visitors to their city (who dont pay SF taxes but enjoy the under-priced parking spots that those SF taxes subsidize)

      --
      "His name was James Damore."
    56. Re:They hate our freedom by Anonymous Coward · · Score: 0

      He's not making money off of parking, he's making money off of enforcing parking laws. If the tow company was getting paid every time somebody parked their car, then they'd be making money off of parking.

    57. Re:They hate our freedom by Rockoon · · Score: 1

      There was already a law on the books against what this company is trying to do.

      So SF has been screwing its tax payers over for the benefit of out-of-town parking-spot-seekers for a long time then?

      --
      "His name was James Damore."
    58. Re:They hate our freedom by Anonymous Coward · · Score: 0

      It's public property, not private property. The government is entitled to a 100% cut. The right of way is owned and maintained by the government. They own the roads and the parking spots the fall on them. You don't have the right to loiter in a public parking spot until someone pays you to to leave. You can't rent or sell the rights to occupy property or public spaces that you don't have the legal authority to do so.

    59. Re:They hate our freedom by CanHasDIY · · Score: 1

      Think of it this way: would you be OK with it if I set up a roadblock between the street you live on and the next

      Except, it's nothing like that.

      If I'm parked in a parking space, and will be vacating it soon, I'm not denying you access to it, because it's not available to you at the moment. What I'm selling is the fact that I will be vacating it.

      Yes, it was a bad analogy.

      However, in most cities I've been to, it's illegal to loiter in a parking space longer than necessary. In every place I've been to (in the US), it's illegal to sell access to public property.

      That's the comparison I was making - selling access to public property. A more relevant analogy would have been, "if a group of skinheads refused to leave the park pavilion until you paid them..." but the resultant point is the same: Unless you're the government, you can't legally sell access to publicly owned lands.

      If your taxes paid for it, WTF are you putting money into a meter for if your taxes have paid for it already?

      Honestly? I see it as rent-seeking.

      Which is bullshit that the government gets away with it, but that doesn't mean I'm OK with the idea of letting even more people get away with selling me access to land I already own. At least, in the government's case, they can claim the revenue goes back into public services.

      It's not stealing. It might be a little on the 'asshole' end of the spectrum, but it's not stealing.

      Selling access to public land is fraud, which is a type of stealing, by definition.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    60. Re:They hate our freedom by Firethorn · · Score: 1

      If efficiency is really the goal, then the city of SF should raise the fee for parking to a market rate. But I suspect that certain interest groups would oppose that...

      Viewing the city of SF as a sort of non-profit business/charity, I actually agree with you. Utilize the income to provide some mix of additional parking and alternatives so people don't have to drive.

      IE the rental fee for your parking spot includes a subsidy for the bus/subway/train/slideway that helps to ensure that there's actually a spot available for you to find. Oh, and generous reduced-rate garages on the outskirts of the city so people are encouraged to transfer OUT of their car before the city center.

      --
      I don't read AC A human right
    61. Re:They hate our freedom by Obfuscant · · Score: 1

      What inflated rate is that?

      The "it costs us $.50/hour to maintain a parking space, but we'll charge $1 or $2 per hour because we can" price.

      The real issue is that SF doesnt seem to give a shit that they are fucking the local residents (by taxation) for the benefit of out of town visitors to their city (who dont pay SF taxes but enjoy the under-priced parking spots that those SF taxes subsidize)

      If SF is charging below cost, that's the SF council's fault. If they're charging at cost, then the city overall benefits because those visitors bring in money that they spend at local businesses. And that happens to be the reason for free parking (if there is any) in the first place.

    62. Re:They hate our freedom by CanHasDIY · · Score: 1

      Loitering is rarely illegal and anti-loitering statutes have been ruled unconstitutional.

      Unless you are loitering with the clear intent to commit a crime you are pretty much free to hang out on any street, as Souter said, "...just to watch cars go by."

      So, when the cop sees you still sitting in your car after his third trip around the block, stops to ask what your business is, and you tell him "I'm waiting for the guy who bought this parking space from me to come and take it," He's going to arrest you for fraud, not loitering.

      Unless you commit a felony by lying to the police officer about your reasoning... at which point, that moral high ground you think you're taking just flew right out from under you.

      Of course, if it becomes enough of an issue, the SF government can and will create new laws that make this practice functionally illegal, so the whole conversation is much ado about nothing.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    63. Re:They hate our freedom by Savage-Rabbit · · Score: 1

      why on earth would I allow a third party to make money off public parking if it's not re-invested into the road system

      You mean why on earth would you allow the tow truck driver that removes a car thats been parked in a spot too long to make money off public parking?

      Why would you allow the police man who busts people for driving too fast, driving drunk, driving an usafecar... etc. to profit off of public roads? After all cops get paid don't they? ... and wages are profit. I'd say it's because both the cop and the truck driver are enforcing the rules that allow for the safety, fairness and efficient running of the system whereas some bozo sitting on a parking spot twice as long as he/she has to in order to profit from releasing it to the highest bidder is not contributing to the efficient use of the system. Plus I can only imagine the fight that would break out when some irritated driver who's been waiting for Mr. Bozo's to vacate a parking space is told to make way for the newly arrived driverwho 'bought the rights' to the supposedly public parking space, especially in the US where half the population seems to be packing a gun. Now if this company sold subscriptions to a service that provided information based on your location about where the most parking spaces are likely to be available that's a whole other matter.

      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    64. Re:They hate our freedom by Frosty+Piss · · Score: 0

      This is what you get for living in an overpriced shit-hole like SF.

      --
      If you want news from today, you have to come back tomorrow.
    65. Re:They hate our freedom by Anonymous Coward · · Score: 0

      The tow truck driver brings his truck and his labor, and charges a price for his services when asked by the owner of the parking spot, public or private. Those fees are passed on to the owner of the vehicle. He doesn't engage in rent-seeking off public property and doesn't control access to it or its pricing.

      The app does all of those things. If you want to improve public parking as a private individual, you can build a private parking facility, or you can provide information about parking congestion in certain neighborhoods. But you can't recruit people to start controlling access to parking spots that aren't yours to control.

    66. Re:They hate our freedom by tranquilidad · · Score: 1

      Well, my answer to the question would be, "None of your business," or, "I don't want to answer your questions," or, "Please leave me alone."

      It's a crime to lie to a federal agent. It is rare that it's a crime to lie to a non-federal law enforcement officer. It's no crime to remain silent or refuse to answer questions.

      I agree that San Francisco will do whatever they can to shut down any market with which they disapprove.

    67. Re:They hate our freedom by Savage-Rabbit · · Score: 1

      No, he'll still be free to do as he wants, he'll just want to do different things. What on earth does age have to do with doing what you want?

      Becasue as you age and experience things like for exampe: witnessing a serious traffic accident or loosing a family member in a traffic accident, you realize that there is a reason people passed laws against morons doing whatever they want, using public roads as their private race track or driving a car while being drunk out of their scull. Like he said, it's called growing up. You should try it...

      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    68. Re:They hate our freedom by Anonymous Coward · · Score: 0

      It's not just occupying public spaces, it's occupying a public space and only vacating when a 3rd party offers money for that space. It's perfectly fine to horde a public parking space it is not OK to horde it with the intent of getting money to vacate that spot.

    69. Re:They hate our freedom by Penguinisto · · Score: 1

      most likely someone will hire illegals to hold the spots and take the money. and people will be forced to pay ridiculous amounts of money just to park at home for the night

      Do that in LA, and the unfortunate illegal would be dodging lead... folks in SoCal are evil about that sort of thing.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    70. Re:They hate our freedom by Penguinisto · · Score: 1

      Dunno - BART ain't that bad, and is much better than most as far as public transportation goes (the MAX/TriMet up here in PDX has it beat, but that's about it for West Coast.)

      Seriously - it's workable enough that I don't even bother to rent a car when I fly to SanFran.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    71. Re:They hate our freedom by stdarg · · Score: 1

      In every place I've been to (in the US), it's illegal to sell access to public property.

      Is it really? I know there are people who are paid to stand in line at the Supreme Court for popular cases (http://www.washingtonpost.com/blogs/wonkblog/post/the-business-of-waiting-in-line/2012/03/25/gIQAhFJkZS_blog.html). There were talks about passing new laws to ban it, but it's not illegal yet.

    72. Re:They hate our freedom by Anonymous Coward · · Score: 0

      Or, Alternate Four:

      Avoid San Francisco. Why would anyone want to subject themselves to such a city?

    73. Re:They hate our freedom by stdarg · · Score: 1

      Nobody's selling the parking spot. They're selling an agreement to have you move out of the parking spot when they get there. And you do own that. I mean you are in control of when you leave a public parking spot, as long as you keep putting quarters in the meter right?

    74. Re:They hate our freedom by the+phantom · · Score: 1

      Most of the people parking in downtown SF do not live in downtown SF. The transit system does not need to be good enough to allow people to not own a car, it simply needs to be good enough to encourage people to use it instead of driving into the city. Personally, I think that public transit in SF is pretty close to this goal (though maybe not entirely there fore the daily commuter)---when my wife and I visit the Bay, we generally park at one of the BART stations in Berkerly or Oakland (where parking is available and not too expensive), then take the train into the city. From there, SF is mostly walkable or busable.

    75. Re:They hate our freedom by jdavidb · · Score: 1

      This leads to less efficient use of space due to lingering, which is what the city wants to avoid.

      Actually it leads to more efficient use of space through price rationing.

      which is what the city wants to avoid

      Who cares what the city government wants to avoid? They have no more right to enforce their will than any of the rest of us.

    76. Re:They hate our freedom by CastrTroy · · Score: 2

      Not that familiar with their public transportation situation, but if selling access to parking spots is anywhere near profitable and worth your time, I would say there exists at least a bit of a problem with "too many cars". If you can afford to pay for the parking spot, and afford to own the car to occupy the spot, plus have the free time to vacate the spot reasonably quickly when somebody has bought it makes it seem unlikely that somebody could do this for profit. Most people probably just use it to make back a little bit of the money they had just spent on parking. If spots really are that scarce, upon selling the spot, you wouldn't be able to find another one to occupy to make a second sale.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    77. Re:They hate our freedom by Firethorn · · Score: 1

      Actually it leads to more efficient use of space through price rationing.

      In other words, pay to play. It's still not more efficient.

      They have no more right to enforce their will than any of the rest of us.

      It's their land, their parking spots. They get to set the terms of usage for them. That they should really jack the rates up and introduce alternatives and policies to encourage effective alternatives* is only a related issue.

      *I'm picturing things like elevated slideways between buildings, subways and such that increase the effective distance a walker can cover.

      --
      I don't read AC A human right
    78. Re:They hate our freedom by Livius · · Score: 1

      I wonder what you think of occupy movement and all the other protests

      Occupy Wall Street was based on the observation that Wall Street was a crime scene.

      The other "occupy" events, not held at crime scenes, destroyed the message. Exactly what Wall Street wanted.

    79. Re:They hate our freedom by jdavidb · · Score: 1

      "People have the freedom to do as they want." Your opinion will change when you grow up.

      I'm 36 and my opinion on this has been stable for 8 years. Hopefully you will engage in less name calling when you grow up.

    80. Re:They hate our freedom by flipperdo · · Score: 1

      Then maybe the app should work as follows: When "seller" is almost ready to leave, they announce (via the app) that they will 1) be vacating the spot in X minutes, and 2) disclose the precise location of the spot for $Y. In X minutes, if they have not vacated, they pay a fine for loitering (managed by the app).

    81. Re:They hate our freedom by praxis · · Score: 1

      Are you saying that there are no people in San Francisco that live downtown and own a car? I agree that most people that park downtown do not live there, but San Francisco has residents, surely. Otherwise, what's the purpose of their RPZ program?

    82. Re:They hate our freedom by CanHasDIY · · Score: 1

      Well, my answer to the question would be, "None of your business," or, "I don't want to answer your questions," or, "Please leave me alone."

      It's a crime to lie to a federal agent. It is rare that it's a crime to lie to a non-federal law enforcement officer. It's no crime to remain silent or refuse to answer questions.

      OK, so you refuse to respond and he tells you to leave, and if you don't, he arrests you for "disobeying a lawful order." Of course, assuming the cop in this hypothetical found you via your ad in a 'sell this public parking space' app, he might not even bother to say anything other than reading you your rights.

      2 main points I'm making here: 1, the government will always win in this fight. 2, no single person has a right to hold publicly-owned land for ransom.

      I agree that governments will do whatever they can to shut down any market with which they disapprove.

      FTFY. But I can't say I disagree with shutting down a market that involves ransoming property I already own back to me.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    83. Re:They hate our freedom by Anonymous Coward · · Score: 0

      Tow truck pays road tax.

    84. Re:They hate our freedom by CanHasDIY · · Score: 1

      In every place I've been to (in the US), it's illegal to sell access to public property.

      Is it really?

      Yes. Note the qualifier, "In every place I've been to."

      I know there are people who are paid to stand in line at the Supreme Court for popular cases (http://www.washingtonpost.com/blogs/wonkblog/post/the-business-of-waiting-in-line/2012/03/25/gIQAhFJkZS_blog.html). There were talks about passing new laws to ban it, but it's not illegal yet

      Well, that's fuckt. I don't agree with selling access to the SCOTUS, but of course, if you think about it, they aren't selling "access" so much as seating space in a viewing gallery (We, the People, don't get access to SCOTUS judges). Principle's the same, though - it's a public place, and should be equal access.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    85. Re:They hate our freedom by pr0fessor · · Score: 1

      The city (at least the one I live in) contracts that service, not only are you responsible for the tow fee you are also responsible for a fine should you leave your car parked to long it is tagged for fine after 72 hours (as an abandoned vehicle) and towed after an additional 48 hours. I'm not sure how long you have to get it out of the city impound but if you don't they eventually auction them off.

      Most of the vehicles towed and impounded here are just broke down and left on the side of the road.

    86. Re:They hate our freedom by jdavidb · · Score: 0

      It's their land, their parking spots

      No, it isn't. Everything they have was acquired through theft and coercion.

    87. Re:They hate our freedom by whoever57 · · Score: 1

      The more severe the parking shortage, the more cumulative distance that driver has driven (i.e. in circles) trying to find a spot by luck. Rather than circling the block a dozen times, the driver looks up a spot and reserves it, then goes directly there.

      Which says nothing about the efficient use of parking spaces -- all it affects is efficient use of the roads (at the expense of efficient use of parking spaces).

      --
      The real "Libtards" are the Libertarians!
    88. Re:They hate our freedom by tranquilidad · · Score: 2

      Yes, the cop can arrest you for anything he wants. That doesn't make it a lawful arrest.

      The cop can ask you to leave but that doesn't make it a lawful order.

      Sitting in a legally parked car would make it very difficult, under otherwise normal circumstances, for a police officer to issue a lawful order to leave.

      See: Shuttlesworth v. City of Birmingham. This was a 1965 case that found, generally, that a police officer's order to "move on" had to be related to another function and made legal as it related to that other function; i.e., the officer is directing traffic and you're interfering with that traffic or, as an example, you are blocking pedestrian traffic on a sidewalk.

      Otherwise, as the Supreme Court said, "...the literal terms of this ordinance are so broad as to evoke constitutional doubts of the utmost gravity." When addressing an ordinance that stated that it is "unlawful for any person to stand or loiter upon any street or sidewalk...after having been requested by any police officer to move on," the Supreme Court said, "The constitutional vice of so broad a provision needs no demonstration. It 'does not provide for government by clearly defined laws, but rather for government by the moment-to-moment opinions of a policeman on his beat."

      Voluntarily giving personal rights over to police powers aids the continual erosion of those rights.

    89. Re:They hate our freedom by gnasher719 · · Score: 1

      It occurs to me that knowing where a parking space is available would reduce time spent driving around, itself reducing pollution, excess expenditure on additional fuel, the clogging of streets, and other issues associated with tons of traffic driving in circles throughout the city.

      It increases the time that people without this app take to find a parking spot. And by blocking the parking spaces, those using the app actually make it harder again.

    90. Re:They hate our freedom by Ichijo · · Score: 1

      Instead of adding a new law to the books, wouldn't it be better to eliminate the parking shortage, and therefore any ability for third parties to make a profit, by raising the price of parking during peak times and using that revenue to build more parking or lower everyone's taxes?

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    91. Re:They hate our freedom by Rockoon · · Score: 1

      If they're charging at cost, then the city overall benefits

      How do you figure that? Commuters are willing to pay big bucks for parking and instead of collecting big bucks from them for parking, they tax the residents...

      You have a strange definition of "benefit" that is based on inefficiency.

      its possible for people to benefit from inefficiency, but you seem to have assigned the benefit to the wrong people. It is the communters that benefit, and nobody else.

      --
      "His name was James Damore."
    92. Re:They hate our freedom by Rockoon · · Score: 1

      The city (at least the one I live in) contracts that service, not only are you responsible for the tow fee you are also responsible for a fine should you leave your car parked to long

      ..interesting, but doesnt refute anything. The tow truck driver is a 3rd party profiting off public parking.

      --
      "His name was James Damore."
    93. Re:They hate our freedom by Obfuscant · · Score: 1

      How do you figure that?

      Based on all the money that visitors bring into a city from tourism and just casual visits. San Fran, in particular, is a tourist town. Come see the sites, but don't expect to be able to park -- that's not very tourist friendly. It is those casual visitors who are most unlikely to know the public transportation system and least able to make use of it, therefore most likely to want to drive themselves. (Yes, taxis are an option, but increasing the cost to visitors is increasing the cost to visitors and pushing them away, whether it's a $5 parking meter or a $10 cab ride you force them to pay.)

      Commuters are willing to pay big bucks for parking

      We're not talking about commuters, we're talking about visitors. Commuters are likely to use the train and take the bus, or to rent parking from a commercial parking service. They aren't likely to be casual transient parkers or even use this app -- they need to be at work on time and they can't depend on the vagaries of a parking space auction to find a space.

      And those casual visitors are NOT willing to pay "big bucks" to park. If I knew it was going to cost me big bucks to park at places I am interested in visiting in some city I'm passing through, I will forgo the pleasure of paying big bucks and go elsewhere where my custom is appreciated. (Example: I visit Powells in Portland only because I know that parking is cheap and easy in front of the store -- and that's the technical bookstore, not the big one, where parking is expensive and limited, where I do NOT go for that reason.)

      You have a strange definition of "benefit" that is based on inefficiency.

      Why yes, maximal efficiency means forcing everyone to do things the way you want them to instead of allowing someone to drop by a store on the way by because they are attracted by the sign, or to visit the store in your city because they happen to be there instead of going somewhere else.

      The very act of pricing public parking to reduce demand means you are reducing demand BY CHOICE, so you really can't argue that you haven't reduced the number of users. If you reduce the number of users, you reduce the number of casual visitors, and casual visitors have money in their pockets that they get to keep when they don't spend it in your stores.

      This is not rocket science. Keeping people from visiting some parts of town because parking is too expensive is why businesses fail. A business that relies on customers to survive kind of requires customers to survive.

    94. Re:They hate our freedom by Bill_the_Engineer · · Score: 2

      Here are some questions about your so called solution:

      How do people without access to the auctioning app get access to what is essentially public parking?

      Why should someone pay a third party to have a chance to use public parking?

      There are other solutions available to the city of San Francisco that doesn't require the use of an auctioning app.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    95. Re:They hate our freedom by Bill_the_Engineer · · Score: 1

      Sounds like you need to lobby Baltimore for better parking solutions and offer San Francisco as an example.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    96. Re:They hate our freedom by frank_adrian314159 · · Score: 1

      I'm not sure the hostage analogy holds. If there's still time on the meter, the person there is entitled to be there. He could be eating a sandwich or looking at the scenery, but what he's doing with respect to the parking space by taking his time with it is not illegal. He is not "holding the space hostage" until his meter expires. I know a lot of times, I've gotten back to my meter before it expired. If this service could guarantee that the parking fee has been paid for the time it takes for this auction and the new parker to arrive, I'd say fine. But they can't. And, as such, they can't prove that they're not facilitating a crime. However, other than setting up stings, nobody's going to catch the criminals in the act either. So, no harm no foul? But the point stands, your "hostage" analogy is, at best, incomplete, if not falacious.

      That being said, a stronger case could be made against this service due to the fact that a major part of what little social contract we have is due to the notion that everyone should have equal access to public facilities, such as parking. This company, by allocating parking selectively to its customers, is degrading fairness in allocation, effectively abrading a part of the social contract that made the parking spaces possible in the first place. I know that many people don't care much about that, but it says something that there are folks that would advocate even more fraying of an already decaying social contract in the name of "free enterprise". "Free rider" is more like it. This way lies revolution... Just sayin'.

      --
      That is all.
    97. Re:They hate our freedom by Ichijo · · Score: 1

      People cannot sell things they do not own. That is public space they are trying to sell.

      That makes it like prostitution: you can't sell it but you can give it away for free.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    98. Re:They hate our freedom by geekoid · · Score: 1

      Great! I'm going to exchange your credit card information for money.
      If you try to stop me you hate freedom.
      It's only information.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    99. Re:They hate our freedom by geekoid · · Score: 1

      How so? you fail to account for the other people in the parking lot they will skin you alive and wear your skin as a poncho before getting out of your way to let you park in a spot they've been waiting for.
      Unless you cana find a way to take reservations for all parking space ahead of time and change society to accept that.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    100. Re:They hate our freedom by Copid · · Score: 1

      SF is apparently no longer using the sensors, which is the root of the problem. When the sensors were there, the system was able to keep prices high enough to ensure that there was at least one empty space on most blocks. Under that regime, holding the last space "hostage" would have been prohibitively expensive. They'd essentially be paying the ransom rate in order to demand the ransom.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    101. Re:They hate our freedom by Copid · · Score: 1

      The very act of pricing public parking to reduce demand means you are reducing demand BY CHOICE, so you really can't argue that you haven't reduced the number of users.

      That's not really true. The number of users equals the lesser of the number of people willing to pay for the spaces and the number of spaces. When it's busy (like we're talking about with congestion pricing), the number of spaces is the limiting factor. Increasing the price doesn't reduce the number of cars in spaces until you crank the price way up. It just reduces the number of people cruising around and queueing up for spaces.

      Conversely, "free parking" doesn't mean you can cram more cars into the same number of spaces. If you've got empty spaces, sure, you can get more people in by lowering the price. But that's not the problem here.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    102. Re:They hate our freedom by Goetterdaemmerung · · Score: 1

      Absolutely. People cannot sell things they do not own. That is public space they are trying to sell.

      I don't get this. The parking space is rented, the person parking pays to use the space. It's not a public park free to all.

      These people are simply subletting their rented space with a convenience charge. I don't see why the city should care.

      Of course San Francisco also recently put the kibosh on people renting their apartments out to travelers, so it's par for the course.

    103. Re:They hate our freedom by Aristos+Mazer · · Score: 1

      This app is NOT paying for information. This is paying someone to hold the spot for you until you show up -- allowing those with higher financial status to take advantage of the common resource of parking spaces instead of leaving them open to someone who happens to be in the area looking for a parking space. "I won't leave until I get enough money to make it worth my while to leave" is holding the public resource hostage.

    104. Re:They hate our freedom by bugs2squash · · Score: 1

      Maybe if you plan to park for > 4 hours you should arrange to have your car towed to some out of the way parking lot and then delivered back to a nearby parking spot just before you will need it again.

      --
      Nullius in verba
    105. Re:They hate our freedom by dunkelfalke · · Score: 1

      Growing up has nothing to do with age.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    106. Re:They hate our freedom by Rockoon · · Score: 1

      Copid nailed the complete fallacy that you are working from.

      You said a lot of stuff, but its all based on a fallacy, so in the end you said nothing other than the fallacy.

      --
      "His name was James Damore."
    107. Re:They hate our freedom by bluefoxlucid · · Score: 1

      Is this the "you can't wear Google Glass because imaginary people will beat you up" argument?

      I account for everything. People wave you on when you wait for their parking spot in real life. That's how it works at Wegman's, at Lowes, at the Inner Harbor with street parking, etc. An arm comes out and waves, and you drive on. I drive on every day. People park, then dick around in their car for 10 minutes.

    108. Re:They hate our freedom by bluefoxlucid · · Score: 1

      Ah, okay. So they prefer the people who are driving to drive around more.

    109. Re:They hate our freedom by stdarg · · Score: 1

      Yes. Note the qualifier, "In every place I've been to."

      Haha, okay. You've been to America, presumably, and it's not illegal in America to sell access to public space, as the Supreme Court examples hows.

      I was hoping you'd share an actual example of it being illegal, because I'm pretty sure your example won't line up very well with the parking place swap thing.

      Selling public property is illegal, and barring people from accessing public property is illegal, but both line-holding and parking-space-holding share the concept that you're not blocking access to available public property, just the property that you are physically occupying yourself which is unavailable to others. And you do have the right to physically occupy public property and not leave just because someone is waiting for you to leave. You certainly don't have the right to force someone else off of public property. So the only way you can take someone's parking space (or place in the line) is to make a deal with them or wait until they leave voluntarily. That's what you're buying, not access to the public property.

    110. Re:They hate our freedom by bluefoxlucid · · Score: 1

      What's the difference here? In my scenario, a parking space is found and utilized at an acceptable distance soon after an individual decides to find one. In the existing scenario, individuals drive around until they stumble upon one by luck, or give up and move out further.

      My system is like SCHED_CFQ, while the existing system is like SCHED_RAND.

    111. Re:They hate our freedom by pr0fessor · · Score: 1

      They are not profiting from public parking in the way these people are. They are being contracted by the city to provide a wanted service just like the construction crews contracted to do road repairs.

      At no point did the city contract anyone to sit in a parking space on a crowded street and auction it off to highest bidder because the people cried out to the city officials that there were not enough douches on the road.

    112. Re: They hate our freedom by Anonymous Coward · · Score: 0

      For an additional $50, this man here will provide security against him slashing those tires.

      Would you like to buy windshield insurance today too ?

    113. Re:They hate our freedom by bluefoxlucid · · Score: 1

      Then they'll adapt. Also, it increases the flow of traffic by parking more people in a shorter time frame, making it easier to stumble over a parking spot by luck in shorter time.

    114. Re:They hate our freedom by bluefoxlucid · · Score: 2

      How do people without access to the auctioning app get access to what is essentially public parking?

      The same way anyone else does: don't try to park when people want to go out. In the current situation, it's extremely likely that you'll leave on Friday or Saturday night at 7pm, show up at 7:30, and drive around until 8pm or even 9pm trying to find a parking spot within half a mile of the night life joints. Public parking is inaccessible because it's scarce; this scarcity also denies access to public roadways. This solution frees up some access to roadways, and lets you find out how much parking is being opened up--you can then decide if it's worth looking for a public parking space or just go to a parking garage, or take public transit.

      Why should someone pay a third party to have a chance to use public parking?

      Because the third party currently has rights to that public parking by writ of using it at the time. Otherwise I'd just call a tow truck to remove the Ferrari parked in my spot.

      Seriously, though, it's information. The city could provide a similar service, and you'd pay for it in fees, and you could try to make the same argument. To me, the difference is that third parties are more efficient in this system than public-sector initiatives, and therefor better.

    115. Re:They hate our freedom by bluefoxlucid · · Score: 1

      The city is a dense network of roads, and is supported by so much parking that it comes in 12 story parking garages that take up entire city blocks, spaced three blocks apart.

      Pull up Google Maps for "Parking garage baltimore inner harbor". Go to Water Street and Gay. See the building along Water Street that takes up the whole block? That's a 12 floor parking garage. See Central Parking two blocks east? 10 floors. South-east, another Central parking. South of that is Pier 5, which is absolutely massive. The tiny ones squeezed in a corner are small parking lots, pay to park, fenced in, with guards.

      Baltimore has a population of 670,000. Between the parking garages and street parking, there's room for over three million cars to park in a one mile radius from Power Plant Live. There's also metro service, bus service, and light rail service. Maryland has a population of 5.7 million.

      The city can't offer better parking solutions. It isn't physically possible.

    116. Re:They hate our freedom by Anonymous Coward · · Score: 0

      And all the other drivers spend *even longer* circling blocks looking for a parking space. That's what you're missing. The person 'auctioning' the space has to remain *in* that space to ensure the person 'reserving' it can claim it. Therefore more parking spaces are kept full *longer*, reducing the total available parking capacity as measured in cars per hour.

    117. Re:They hate our freedom by Anonymous Coward · · Score: 0

      They don't. They make their money off of towing and storage fees paid to get the car *back* after it's been towed for being illegally parked. They also do so with agreements from the city, which owns said parking spaces.

    118. Re:They hate our freedom by Anonymous Coward · · Score: 0

      You're right. It's not stealing, it's simple fraud. You're selling access to something when you don't own the rights to do so. You're holding and blocking access to city-owned property until and unless someone pays you for the privilege to be there. If you weren't staying in that space past when you were done with it, there would be no way for you to ransom access to that space, because you wouldn't be there to 'hold' it for the 'buyer'.

    119. Re: They hate our freedom by stdarg · · Score: 1

      Oh my, so you think that hiring security guards should be illegal, because security guards depend for their livelihood on the premise that without them you are at risk of falling victim to crime?

      And you think insurance products should be illegal?

      That's some weak shit buddy. Both of the things you listed are actually legal and pretty popular. My car insurance specifically covers broken windshields.

    120. Re:They hate our freedom by CaptainLard · · Score: 1

      Cost including reservation and any parking meter costs will be lower than the $15-for-the-first-four-hours cost of the surrounding parking lots and garages

      Are they? Honest question because I haven't seen any statistics on what people were paying. And whats to stop a bunch of rich people firing their drivers now that they have easy access to a spot that they can just throw down $50 for? That could be just likely as your ideal "pay park" scenario...which doesn't account for the bidding wars that can drive the prices right up to what you'd pay at a garage...or more if its a really good spot.

      Also, do you really get your tetanus shots and do your gardening form 8pm to 1am saturday nights?

    121. Re:They hate our freedom by bluefoxlucid · · Score: 1

      Are they? Honest question because I haven't seen any statistics on what people were paying.

      I don't need statistics for this. There are parking lots and garages with parking available all over the place, at an excessively high premium. Baltimore has 670,000 people; Maryland has 5.7 million. Within 1 mile of Ram's Head in the Baltimore Inner Harbor, there's parking for over 3 million vehicles. There's that many parking garages.

      Parking is available, if you want to pay $12-$15 to get into the door. This is right across the street from a $2 street parking spot. If you're trying to sell a $2 parking spot for $30 ... well, $20 is less than $30, so people will go into the garage instead. No statistics needed.

      And whats to stop a bunch of rich people firing their drivers now that they have easy access to a spot that they can just throw down $50 for?

      That would make personal drivers rent seekers. If the value of a personal driver is below that level, then we're destroying wealth in the economy by spending money on the personal drivers, and they should be eliminated.

    122. Re:They hate our freedom by the+phantom · · Score: 1

      What does any of that have to do with what I posted? You stated that the public transit system must be good enough to completely eliminate the need for downtown residents to own a car. My counter is that downtown residents are not the biggest problem, but that tourists and commuters are. Public transportation does not need to be good enough to completely replace the cars of downtown residents (which seems to be your claim, unless I am badly misunderstanding the comment to which I originally replied), but rather it needs to be good enough to encourage non-residents to park away from the core and hop onto a bus or train for the last couple of miles.

    123. Re:They hate our freedom by Obfuscant · · Score: 1

      That's not really true. The number of users equals the lesser of the number of people willing to pay for the spaces and the number of spaces.

      That's not really true, either. The number of users of parking spaces will be many times the number of spaces. Each space will be used multiple times a day. Those people are all users, just not simultaneously. If you force ten percent of those users to go elsewhere because the price is too high, you've lost ten percent of your users. It doesn't matter to the local shop owner if one space turns over 10 times in a day, those are 10 users that can come to his shop, versus one space that turns over only 8 times a day. That's two fewer potential customers, multiplied by the number of spaces in the area. (I'll point out that this auction system reduces the turnover, so it has the same effect on the local businesses.)

      If you make the price high enough on an hour meter, you will increase the number of people who will not simply drive away from time left on the meter. They've paid for an hour, they might as well use it. That reduces the number of users as well.

      And, of course, you will lose completely those who would have tried coming downtown to shop if the cost of parking had not become too high to justify it. Parking at the mall is free even if the stores are mostly cookie-cutter chains. The attraction of a boutique becomes much less when it becomes difficult to physically get there. You have to really want to go to that specific store to pay inflated parking meter rates, and that will hurt all the stores in the area. (I really love browsing Powells, but I would never go there if the parking was artificially inflated in price with the specific goal of reducing demand.)

      Conversely, "free parking" doesn't mean you can cram more cars into the same number of spaces.

      Can you show me where I said it did? Your straw man is very flimsy.

      If you've got empty spaces, sure, you can get more people in by lowering the price. But that's not the problem here.

      You're right, that isn't the problem here. The problem here is inflating the prices and driving people away, not trying to attract more. And the original problem is increasing the price by running a private auction for a public resource.

    124. Re:They hate our freedom by Anonymous Coward · · Score: 0

      Not the original poster here, but I gotta disagree with you:

      "People have the freedom to do as they want."

      Your opinion will change when you grow up.

      I have grown up and my opinion is even more solidly this. But, caveat emptor...

      In specific, "want" will need more explanation/definition. Are we talking "I just had an impulse" or are we talking a fully formed and cooperative "want"?

      Freedom is the single most important thing to have. Numerous people do not agree with me, but I dismiss the majority of them as craven cowards, lazy and apathetic, or just evil.

      Freedom. Any limits you put on it had better be very well thought out. Rules concerning the killing of other people are a prime example of this.

    125. Re:They hate our freedom by david_thornley · · Score: 1

      Default: Drive around looking for a parking spot. With people coming and going, you'll get one before too horribly long, as long as nobody is squatting on parking spaces with the intention of illegally selling it. If you aren't going to get one (I'm unfamiliar with downtown Baltimore street parking), then having squatters deliberately sitting in spots for no legitimate purpose is just going to make it worse.

      You can't reasonably create a problem and claim you're doing a good deed by illegally partially alleviating it.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    126. Re:They hate our freedom by david_thornley · · Score: 1

      How does it park more people in a shorter time frame? Normally, I'd pull out of a parking spot, and somebody would grab it in a few seconds. If it takes a few minutes to sell the spot, then I'm spending more time in the spot, and so in those few minutes we're parking fewer people. You're not going to park more people faster by having an incentive to hog spots.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    127. Re:They hate our freedom by david_thornley · · Score: 1

      Suppose the police officer has a phone with that app, and notes that you're selling a public parking spot. If you're in that spot when the officer gets there, you've given him probable cause that you're violating the law, and it's perfectly reasonable for him to arrest you. Whether the officer can tell you to move along legally has nothing to do with that.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    128. Re:They hate our freedom by david_thornley · · Score: 1

      Ah yes, a typical /. approach to legalities: try to hack into the law with legally meaningless technicalities. You're not just selling information, you're agreeing to perform an action when paid. There is legally no such thing as "dibs" on parking spots. Not only are you trying to hack the law in a way a judge will never agree to, you're misrepresenting your actions.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    129. Re:They hate our freedom by david_thornley · · Score: 1

      Your logic defies belief. Just because one practice is legal in one city doesn't mean that a similar service is legal in another. Moreover, we have a specific example in the summary of this being legal.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    130. Re:They hate our freedom by Copid · · Score: 1

      The number of users of parking spaces will be many times the number of spaces. Each space will be used multiple times a day.

      You can add "at any given time" to that to make the statement an accurate model. And assuming you're able to change pricing dynamically (which SF is), it's the correct model to be using. If you can't change pricing dynamically, you're in a bit of a pickle because the price at the beginning of the workday will obviously be totally wrong at, say 10:30pm.

      If you force ten percent of those users to go elsewhere because the price is too high, you've lost ten percent of your users.

      When you say "lost ten percent of your users", do you mean that if we randomly sample the number of spaces occupied, we'll find 10% of them empty? What's the "correct" number of occupied spaces, given the fact that having drivers driving around without access to empty spaces comes with a cost?

      If you make the price high enough on an hour meter, you will increase the number of people who will not simply drive away from time left on the meter. They've paid for an hour, they might as well use it. That reduces the number of users as well.

      This, I think is where your model breaks. You've just described a market in which raising the price increases the amount of the resource a consumer is willing to consume. Those markets exist, but they're extremely rare exceptions, and I don't think street parking is one of them. The real model goes more like this:

      1) As you say, people who have time left on the meter might be marginally more likely to use it instead of leave early. That has a minor negative effect on turnover.
      2) People will put much less time on the meter to begin with because spending time parked in an expensive space costs money. They'll plan to get in and out, minimizing their exposure to meter costs. This has a significant positive effect on turnover.

      The net effect should be that (2) dominates (1). Increasing the price should increase turnover significantly. That's what reserach shows, and it's what basic economics predicts.

      And, of course, you will lose completely those who would have tried coming downtown to shop if the cost of parking had not become too high to justify it.

      By going the other direction, you lose customers who would be willing to pay to park but who don't venture into the area because, "parking is a nightmare." There's no free lunch there. Creating a situation in which a resource is used to its maximum and is rationed by a mixture of luck and waiting in line deters people who aren't willing to drive around in gridlocked streets for an hour looking for a space just as much as a few extra bucks at the meter deters people who don't want to pay a few bucks.

      Can you show me where I said it did? Your straw man is very flimsy.

      I was mistaken. Most people erroneously think that the number of parking space user-hours isn't limited by the number of parking spaces and that they can somehow get more user-hours out of a space by making the space free. Your error was in thinking that lower prices increase parking space turnover. That's also wrong.

      You're right, that isn't the problem here. The problem here is inflating the prices and driving people away, not trying to attract more. And the original problem is increasing the price by running a private auction for a public resource.

      The very existence of that auction is due to the fact that SF is underpricing its parking spaces. With their advanced meters, they could very easily just let the price float to market rates. That would have a few effects:

      1) The excess revenue earned by the auctioneers would go to the city.
      2) Parking would be maintained at optimal density and turnover.
      3) This app would go away completely and we could all sleep soundly knowing that nobody had an incentive to ransom spaces, and SF wouldn't have to spend a penny on policing the issue.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    131. Re:They hate our freedom by praxis · · Score: 1

      I think we're coming from two different angles. You seem to think the majority of people live in the suburbs and commute downtown, I seem to think the majority of people live in the city and commute within the city. You are probably right.

      But, if those people in the city still need the car from time to time, they will take up space parking in the city. It's best if they never need a car and don't own one. That was my point: it was really only targeted at city residents (which I admit is really only part of the problem).

    132. Re:They hate our freedom by bluefoxlucid · · Score: 1

      Default is drive around with imperfect information. Solution is gain additional information and drive directly to a parking spot.

    133. Re:They hate our freedom by bluefoxlucid · · Score: 1

      It makes the system more FIFO: rather than driving around the block and coming back to find the guy who JUST GOT THERE got lucky--he's been in the system 3 seconds, you've been driving around 3 minutes--you immediately go directly to a spot. That means you spend less time driving around unnecessarily, and don't traverse as much road space across time.

      With high enough saturation, people leave the road more quickly. If an additional driver appears every 2 minutes, and a driver takes 4 minutes to park, then after 1 hour you have 15 drivers on the road. If it takes a driver 1 minute to park, then after an hour you have 2 drivers on the road. Because parking spots are scarce, this delays congestion rather than eliminating it; it increases the speed of traversal when congestion begins to set in (more graceful failure), which would extend the amount of congestion tolerable by providing further additional information quickly (i.e. I've circled the block 4 times in 5 minutes, rather than 4 times in 20 minutes; I'm satisfied that there are no parking spaces here, and will start going further out or seeking other options).

      At particularly high saturation, the application provides information used in decision making: people will decide there are probably not many parking spaces available and immediately default to other options. They may do this before leaving, electing for a 20 minute light rail ride rather than a 15 minute drive (I've done this, and even gone on bicycle).

      All systems involving rational decision making work best with more available information.

    134. Re:They hate our freedom by Bill_the_Engineer · · Score: 1

      Public parking is inaccessible because it's scarce; this scarcity also denies access to public roadways. This solution frees up some access to roadways, and lets you find out how much parking is being opened up--you can then decide if it's worth looking for a public parking space or just go to a parking garage, or take public transit.

      So parking should only be accessible to those willing to pay someone to release it to them? We are still talking about an auction app.

      Because the third party currently has rights to that public parking by writ of using it at the time. Otherwise I'd just call a tow truck to remove the Ferrari parked in my spot.

      Not always true. Where I live there is a maximum time you can stay in a metered spot no matter how willing you are to feed the meter. This is to encourage people to use the lots for long term (2+ hr) parking which aren't really that expensive.

      Also you fail to explain how the auction app doesn't provide an incentive to stay in that parking place until you make money off the auction. The result being that people not using the app or unwilling to be extorted are being denied a parking space.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    135. Re:They hate our freedom by Bill_the_Engineer · · Score: 1

      They can always increase the meter rate while enforcing maximum time and possibly shortening them. The more active areas will have short term parking freed more often and if you need somewhere to park for a leisurely dinner or movie (possibly both) you can always use the parking garage.

      I used to lease a parking space downtown for work, and they always had reasonable hourly rates for the people visiting downtown after hours. Some would allow you to reserve a spot. Even the city contracted garages had decent spots. The city provides a downtown shuttle for those who park in garages on the edge of downtown so you don't have to walk if you don't want to.

      The only thing the auction app provides is a method for individuals to make a buck off of a public parking space from people who don't mind paying for a privilege that isn't offered

      Baltimore has a population of 670,000. Between the parking garages and street parking, there's room for over three million cars to park in a one mile radius from Power Plant Live. There's also metro service, bus service, and light rail service. Maryland has a population of 5.7 million.

      The population of Baltimore's metropolitan statistical area is 2.7 million. I doubt everybody in that 7 county area will all want to go to Baltimore every night.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    136. Re:They hate our freedom by bluefoxlucid · · Score: 1

      The result is less congestion, and the ends justify the means. Other methods to combat congestion are to have the same damn thing happen, except by the state.

    137. Re:They hate our freedom by Obfuscant · · Score: 1

      You can add "at any given time" to that to make the statement an accurate model.

      I'm sorry, but a statement regarding a long term condition doesn't apply "at any given time". It's a statement that, over a full day, each space is used multiple times. Saying "each space will be used multiple times a day at any given time" is just nonsense. "A day" and "at any given time" are mutually exclusive measurements.

      When you say "lost ten percent of your users", do you mean that if we randomly sample the number of spaces occupied, we'll find 10% of them empty?

      If that's what I meant, that is what I would have said. I did not. You keep making things up and then expecting me to defend them.

      What's the "correct" number of occupied spaces,

      A meaningless question.

      This, I think is where your model breaks. You've just described a market in which raising the price increases the amount of the resource a consumer is willing to consume.

      Another example of making things up. I said nothing of the sort. Raising prices will have at least two effects. One is to keep people from trying to park there, reducing the demand. Opposite of what you claim I said. The second effect is that people who have paid a high cost for an hour of time will use the hour of time they've paid for. That's not increasing the amount he's willing to consume, it is consuming the entire amount he's paid for. They're not going to feed the meter for another hour unless they really need it, and at that point effect 1 comes into play.

      Your error was in thinking that lower prices increase parking space turnover.

      If I have paid an extreme amount (in my opinion) for a certain time on a meter, then I am less willing to just walk away from that investment. If I pay a quarter for an hour at a meter and my business is done in ten minutes, then I don't feel bad about just leaving, opening up the space for the next user. If I pay a dollar for the same amount of time, I'm more likely to see 50 minutes left on the meter when I get done and think "I'm already here, I might as well do something else." While in some cases that might mean I make purchases from another business, often it will mean I stay longer browsing where I already was, or I visit a store to see what something looks like for when I buy it cheaper online.

      And when the rate goes to $10 for an hour, you would be foolish to think that there won't be people who decide that $10 to conduct ten minutes worth of business is insane and they'll go somewhere else altogether.

      It is simply absurd to price something to deliberately reduce demand and then deny that you've reduced demand, or at least tried to.

      The very existence of that auction is due to the fact that SF is underpricing its parking spaces.

      No, it exists because there are people who want to make money by selling a limited public resource. In fact, if you overprice the parking space, people would be more likely to try selling them because they want to recoup some of the money they spent in the first place. For a quarter, I'll walk away. For $10 I might try selling it to the next guy.

      Your assumption seems to be that a public resource must be priced at a rate to limit demand to what is available, thus optimizing return on investment, not just to cover the costs of providing that service. That's a goal of a for-profit corporation, of course, but a city government should not be trying to make a profit on the services it provides to the citizens. The city government should also consider in the pricing the benefits of the service to the local economy and the return from that. I know that some have denied that public parking is a benefit to the economy of a city, but in fact it is.

    138. Re:They hate our freedom by JesseMcDonald · · Score: 1

      you have had your freedom to vote for the government, you have had your freedom to vote for those who makes laws, you have had your freedom to vote for the people in charge of the city, now by your freedom they have made it illegal, in practice you have made this happen with your freedom

      Freedom consists not only in the majority being free to exercise self-rule rather than being dominated by a minority, but also that the rights of the various minorities are respected and not subject to the majority's whims. The goal should be voluntary consensus with the ability for dissenters to opt out, not mob rule.

      If you voted for representatives knowing that they would make this illegal, then you did in fact help to make it happen. The same applies if you agree with the principle that everyone should be bound involuntarily by the outcome of majority rule, even if you happened to lose that particular vote. The rest of us are not to blame when the majority of the moment bands together to violate our rights on the flimsy authority of their greater numbers—rights we never forfeited by endorsing their system.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    139. Re:They hate our freedom by Copid · · Score: 1

      If that's what I meant, that is what I would have said. I did not. You keep making things up and then expecting me to defend them.

      There's a reason I used a question mark in my attempted restatement of your position. I'm trying to clarify Because the phrase "ten percent of your users" is kind of ambiguous from the perspective of how a time shared resource is utilized.

      Let me rephrase more precisely: "Number of occupied parking spaces" and "time spent in a space by the median parking consumer" are both random variables whose statistical properties change during the day. What does it mean to lose ten percent of your users in that sense? Does it mean that there will be ten percent fewer events of the type "person enters and leaves a parking space?" If so, I disagree with the notion that properly set prices will cause this to happen. If something else, please state it clearly.

      More to the point: What are the properties of a set of parking spaces when they're used at maximum efficiency? Is turnover maximized? Is the time the average space spends in the "empty" state minimized? Is time spent looking for a space minimized? I would argue that high turnover and low search times while keeping most of the spaces full most of the time should be the goal. If search times are high, prices are too low. If search times are low because the spaces are mostly empty, prices are too high.

      They're not going to feed the meter for another hour unless they really need it, and at that point effect 1 comes into play.

      So that's effect number 1, which you and I agree on. You just ignored the more basic effect of (2): that increased prices will reduce the number of hours people buy in the first place. Do we disagree that (2) will happen at all, or do you think that the effect of (1) will dominate? Because in the actual real measured world, (2) dominates (1).

      If I have paid an extreme amount (in my opinion) for a certain time on a meter, then I am less willing to just walk away from that investment.

      You're also less willing to feed unnecessary amounts of money into the meter in the first place.

      If I pay a quarter for an hour at a meter and my business is done in ten minutes, then I don't feel bad about just leaving, opening up the space for the next user. If I pay a dollar for the same amount of time, I'm more likely to see 50 minutes left on the meter when I get done and think "I'm already here, I might as well do something else."

      You have a very strange notion of how parking meters work. I've never seen a meter that charges $1 per hour and has a minimum 1 hour purchase. At every meter I've ever seen, you can purchase a few minutes. If you know that you're likely to spend 10 minutes in the store, why would you buy an hour of time? Maybe you would if it only cost a quarter. But if it cost, say $10, you'd probably do what most people do and pay for $2.50 for 15 minutes, do your business, and get out. That's how parking meters really work, especially in a city like SF with the most advanced meters in the country, and especially when you're implementing congestion pricing with the explicit goal of decreasing loiter times.

      It is simply absurd to price something to deliberately reduce demand and then deny that you've reduced demand, or at least tried to.

      For somebody who screams about "making things up" you've certainly jumped to a weird conclusion about what I'm saying. Raising the price will reduce demand (supply, actually, according to the classic microeconomics terminology) in the sense that it will reduce willingness to occupy the space for a given amount of time. That will have a few effects:

      1) Increased turnover.
      2) Because of (1), we get increased probability that at any point in time, there will be an empty space.
      3) Because of (

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    140. Re:They hate our freedom by the+phantom · · Score: 1

      I think that we substantially agree. There are people that live in the city and need to get around within the city and there are people commute in. If one is going to completely eliminate downtown parking, then public transit needs to be good enough to provide for the people that live downtown. Personally, I would love it if transit were that good---I hate driving, especially in any traffic. However, I think that it is unrealistic to expect that public transit will ever be that good in all but a very few American cities (at least, not any time soon). In the meantime, if public transit is good enough to keep the tourists and commuters from gobbling up too much parking downtown, the problem is ameliorated to some degree.

      In any event, thank you for the clarification and the lack of snark. It is unusual to meet rational people on the internet, and I apologize for whatever snark I may have snuck into my previous post.

    141. Re:They hate our freedom by Copid · · Score: 1

      Actually, I think I can phrase this more clearly without bothering with any of the nitty gritty details:

      Street parking is a shared public resource. If a shared resource is cheap or free, people will hog that resource. That's fine until we run out of that resource. Then, resource hogs crowd out others and you get a lot of people who don't get to use that resource at all. That's where putting a price on scarce resources comes in. It makes people think about their usage and make rational choices about whether it's important for them to keep using it while others wait their turn.

      As you increase the price, fewer people will hog the resource. More and more people will get a chance to use it, and they will use it only for the time they really need it. Yes, you can set the price too high and end up with the resource being underutilized, but that's not the problem San Francisco has. With properly computer-controlled pricing, they can avoid ever having that problem. With proper pricing, you get the largest number of people getting a chance to use the shared resource, and they use it when it's important to them, not just because it's cheap and convenient.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    142. Re:They hate our freedom by praxis · · Score: 1

      We both had a moderate amount of snark I think, mostly due to training by "the internet" but we both saw through it. Thank you for that.

      I agree we're not going to reach a parking utopia here, but if public transit can be good enough that city dwellers need not own a car and most commuters don't need to drive to work then most of the parking will be for tourists and people with occasional business downtown. I live downtown but I own a car which I park on the street that I use to drive to work in the suburbs because our public transportation is woefully inadequate and a reverse-commute is ten minutes but taking a bus is an hour. I would sell the car in a minute if I had an alternative. That would be one less car on the road or in a parking spot. Every little bit counts.

    143. Re:They hate our freedom by stdarg · · Score: 1

      My logic was a smart-ass reply to a smart-ass comment that qualified "it's illegal" with "everywhere I've been to", which is actually wrong if he's been to America, where it's legal in at least some places.

      I find it highly unlikely that any city has a law that says "You can't save a parking spot for someone by putting your own car there and feeding the meter as long as the law allows." (I mean, some meters say 2 hours max no matter how much money you're willing to spend.)

      As for the example in this article, the law that this Herrera (the city attorney) is citing says you can't rent or lease a public parking space. Great, good for him... but it's not up to him to decide the law or the interpretation of the law. He'd have to go to trial. Maybe a judge will buy the argument that bidding on knowledge of when a parking spot is going to be vacated is "leasing" that spot... an argument I find to be utterly stupid. But whatever. My point is, applying that law to this app is not proven in court yet, so it's not a great example of this practice being *explicitly* illegal, as opposed to some asshat stretching an existing law to cover a novel practice that he just doesn't like.

    144. Re:They hate our freedom by Anonymous Coward · · Score: 0

      The result is less congestion

      Absolute utter bullshit! It is more congestion because people are occupying spaces longer to wait for people who have paid them to arrive, that is clear and obvious yet you insist on pretending you can't see that.

      The way this could result in less congestion is if people posted the location of the space and the time they were intending to leave it, but in that case nobody is going to pay for something that isn't being reserved for them.

    145. Re:They hate our freedom by Anonymous Coward · · Score: 0

      It makes the system more FIFO

      Rubbish, if that were the case it wouldn't be an auction now would it.

      Put the information out there for free and you get the system you describe, but not when you start having drivers provide a service where they explicitly occupy a space longer than they require it so as to reserve it for a specific driver.

    146. Re:They hate our freedom by Anonymous Coward · · Score: 0

      Street parking is a shared public resource. If a shared resource is cheap or free, people will hog that resource. That's fine until we run out of that resource. Then, resource hogs crowd out others and you get a lot of people who don't get to use that resource at all. That's where putting a price on scarce resources comes in. It makes people think about their usage and make rational choices about whether it's important for them to keep using it while others wait their turn.

      Which is why you put in parking meters.

      As you increase the price, fewer people will hog the resource.

      However in the situation of this app they are paying for the space upfront so they are more inclined to use it for as long as they can.

      More and more people will get a chance to use it, and they will use it only for the time they really need it.

      Wrong, if people pay for a space up front then there is less incentive to vacate it, not more.

    147. Re:They hate our freedom by bluefoxlucid · · Score: 1

      You have obviously never ridden the light rail on Mondays, Wednesdays, Thursdays, Fridays, or Saturdays during beisboll season.

      Short parking time limits would be a huge problem. People don't come downtown to shop for 20 minutes.

    148. Re:They hate our freedom by Bill_the_Engineer · · Score: 1

      Short parking times are in the order of 45 to 60 mins.

      We actually have shuttle buses that travel from a park and ride station near the suburbs to the stadium during the two annual college bowl games and other sport events. They close a route to only shuttle busses during that time. I've been able to park my car and be at the front entrance of the stadium in 20 mins.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    149. Re:They hate our freedom by bluefoxlucid · · Score: 1

      Reasonable parking times are on the order of 3-5 hours.

    150. Re:They hate our freedom by Anonymous Coward · · Score: 0

      Then park in a lot.

    151. Re:They hate our freedom by Copid · · Score: 1

      That's why I'm saying that SF Park should simply go back to using its sensors and letting the price float. That will put this app out of business and make the whole point moot. Everything starts to function optimally and there's no need for us to set up police stings to ensure that nobody is selling spaces. Setting the price equal to a sensible market price does away with the secondary market entirely.

      I can see other cities getting upset over this, but SF has the tools to stop it cold. They have the most advanced parking metering system in the country. If they don't use it properly, that's a policy problem.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    152. Re:They hate our freedom by david_thornley · · Score: 1

      Damn, did I leave my sarcasm detector in my other pants?

      I find it highly unlikely that a judge would consider this anything other than selling a parking spot. Judges tend not to be convinced by complicated logical arguments that violate the spirit of the law. At least at our income levels.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    153. Re:They hate our freedom by david_thornley · · Score: 1

      FIFO would make sense. This ain't it. Providing information would be useful, but this isn't helpful.

      If we're in a state where almost all parking spots are occupied almost all the time, then parking is pretty much at capacity, and the only thing that will alleviate it is to get fewer cars around (not going to happen, most of the time), or to have the average stay in a parking spot shorter. This method makes the average stay in a parking spot longer, and hence fewer cars can find spots per unit time.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    154. Re:They hate our freedom by david_thornley · · Score: 1

      If all that was happening was providing information, that could be useful. Staying longer in parking spots isn't. In this case, people with the app and money and the willingness to break the law get all the parking, while people who aren't in the system have real problems. This system favors one class of people at the expense of others, and overall degrades the system by reducing the number of cars who will be in a slot over time.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  6. Good luck proving this in a court of law... by Anonymous Coward · · Score: 3, Interesting

    I can see this type of service continuing on.

    1: Parking spaces are in demand.
    2: People are willing to pay cash for one.
    3: Other people want money.

    All that needs to happen is that the server gets moved offshore, and the app be made as a Web app so it survives being pulled from Apple's store.

    I remember this exact same thing happening at a place I worked at when in college. They were such sticklers about being on time for shift that a second late on the phones meant a six month denial of promotions, and being late for any reason three times is an automatic termination. So, people from the neighborhood would fill this place's parking lot up about an hour before shift changed and demand cash... and the employees of this firm would pony up to a C-note in order to get a place, drive a car about a half mile from the office and park in a seedy neighborhood, or be late and stuck on the phones for another half-year with a freeze on raises.

    I applaud SF banning this app, but in reality, it won't help, and this is just the start of it. I won't be surprised to see a black market for parking spaces, with people sitting for hours to "sell" theirs, happening soon. Especially home games in university towns or other places where people go for an event.

    1. Re:Good luck proving this in a court of law... by Anonymous Coward · · Score: 0

      or the SF cops will answer the ads to buy a spot with an arrest and/or fine of the person holding it. and how do you make money waiting for hours to "sell" a parking spot? enough money to pay the bills

    2. Re:Good luck proving this in a court of law... by Kkloe · · Score: 1

      the poor sod who will get fined/arrested will probably be just a man\woman who cant get any money in other way, he has just been told by someone by the phone to be there and let x have the sport when he comes around

    3. Re:Good luck proving this in a court of law... by Anonymous Coward · · Score: 0

      I'm glad there's no real crimes going on in SF that the cops have time for this.

    4. Re:Good luck proving this in a court of law... by DerekLyons · · Score: 2

      All that needs to happen is that the server gets moved offshore, and the app be made as a Web app so it survives being pulled from Apple's store.

      That protects... the web server. It doesn't protect the guy on the street. And catching them is like shooting fish in a barrel.
       

      I won't be surprised to see a black market for parking spaces, with people sitting for hours to "sell" theirs, happening soon.

      Already protected against by signs/laws prohibiting parking for more than 'x' hours and the enforcement thereof.

    5. Re:Good luck proving this in a court of law... by Obfuscant · · Score: 1

      All that needs to happen is that the server gets moved offshore, and the app be made as a Web app so it survives being pulled from Apple's store.

      The problem with the "just move the server offshore" answer is that the system depends on having a local actor -- the person blocking the parking space until the buyer shows up. You can't outsource or offshore that part of the process.

    6. Re:Good luck proving this in a court of law... by Anonymous Coward · · Score: 1

      Not really. A guy moving out of a space with someone taking it is all a camera can find out.

      Monitoring cash transfers by both individuals might be doable, but it just means people move to BitCoins (the coins are traceable, but the wallets can be completely anonymous.) Similar with monitoring every IP visited by both parties by demanding packet logs from the telcos. It can be done, but it would make a lot of people unhappy, and the die-hards would move to VPN services.

      Oh, parking != standing. Someone in a vehicle that is running isn't considered "parked" by CA law.

      The SFPD will catch the low hanging fruit (usually someone who is desperate for their next fix), but it wouldn't be surprising to see having to pay for a spot via the Web app become the norm than the exception.

    7. Re:Good luck proving this in a court of law... by CanHasDIY · · Score: 1

      the poor sod who will get fined/arrested will probably be just a man\woman who cant get any money in other way, he has just been told by someone by the phone to be there and let x have the sport when he comes around

      I think it's funny how some of you guys seem to be under the impression that there will be enough demand in this not-yet-existent black market, that it would be profitable enough for people to use cartel-like tactics such as paying patsies to risk jail time by holding spaces.

      What's next, parking space coyotes? Chopped-up bodies hung from overpasses to send warnings about snaking parking spaces other people paid for? Seriously, this is San Fran we're talking about, not Juarez.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    8. Re:Good luck proving this in a court of law... by Anonymous Coward · · Score: 0

      Check the app to see parking spaces currently on auction. See someone win the auction of a spot. Drive there and slice their tires, it will either be the dude selling the spot or the dude buying it.

    9. Re:Good luck proving this in a court of law... by Savage-Rabbit · · Score: 1

      I can see this type of service continuing on.

      1: Parking spaces are in demand.
      2: People are willing to pay cash for one.
      3: Other people want money.

      All that needs to happen is that the server gets moved offshore, and the app be made as a Web app so it survives being pulled from Apple's store.

      I remember this exact same thing happening at a place I worked at when in college. They were such sticklers about being on time for shift that a second late on the phones meant a six month denial of promotions, and being late for any reason three times is an automatic termination. So, people from the neighborhood would fill this place's parking lot up about an hour before shift changed and demand cash... and the employees of this firm would pony up to a C-note in order to get a place, drive a car about a half mile from the office and park in a seedy neighborhood, or be late and stuck on the phones for another half-year with a freeze on raises.

      I applaud SF banning this app, but in reality, it won't help, and this is just the start of it. I won't be surprised to see a black market for parking spaces, with people sitting for hours to "sell" theirs, happening soon. Especially home games in university towns or other places where people go for an event.

      Why not just use the data already collected in all those parking palces, parking garages and multi story car parks? They usually have signs at every entrance stating how many free parking spaces there are (at least in Germany they do) and all you'd have to do is network these facilities pipe, the data into an app that shows the nearest free parking spots based on your location. The app could be provided by the city council as a public service or better yet the data could be integrated made available via web-service and integrated directly into networked satnav devices. Alternatively you could make this data availabe as a subscription service by a private company if you think public services stink too much of communism for your taste. Individual drivers would still have to find their own spot so there would be no hogging since nobody profits from "selling information" about the location of individual spaces. Hell, there could even be a "Report parking tard" button that dispatches a GPS location and a photo to the nearest tow-truck/cop-car/meter-maid.

      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    10. Re:Good luck proving this in a court of law... by bitt3n · · Score: 1

      I can see this type of service continuing on.

      1: Parking spaces are in demand. 2: People are willing to pay cash for one. 3: Other people want money.

      All that needs to happen is that the server gets moved offshore, and the app be made as a Web app so it survives being pulled from Apple's store.

      I remember this exact same thing happening at a place I worked at when in college. They were such sticklers about being on time for shift that a second late on the phones meant a six month denial of promotions, and being late for any reason three times is an automatic termination. So, people from the neighborhood would fill this place's parking lot up about an hour before shift changed and demand cash... and the employees of this firm would pony up to a C-note in order to get a place, drive a car about a half mile from the office and park in a seedy neighborhood, or be late and stuck on the phones for another half-year with a freeze on raises.

      I applaud SF banning this app, but in reality, it won't help, and this is just the start of it. I won't be surprised to see a black market for parking spaces, with people sitting for hours to "sell" theirs, happening soon. Especially home games in university towns or other places where people go for an event.

      This could all be avoided by pricing parking at market rates.

    11. Re:Good luck proving this in a court of law... by Kkloe · · Score: 1

      there is money involved and people to exploit, you dont need much more for this to happen, probably not so extreme as you put it out, but I would put my bets on that some of those poor sods are going to fist fight one day for a spot to sell just so they can earn that 10$ for drugs/food/rent or whatever

    12. Re:Good luck proving this in a court of law... by david_thornley · · Score: 1

      Not really. The police can monitor that app as easily as a regular driver can. If you advertise your spot on the app, and you're in the spot when the police come along, it's a legitimate bust.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  7. The real problem: by Anonymous Coward · · Score: 1

    San Francisco was not getting a cut of the action.

    1. Re:The real problem: by style7711 · · Score: 1

      If that was there sole reason they would just tax it.

    2. Re:The real problem: by Anonymous Coward · · Score: 0

      Ah the naiveté of youth, you think I meant tax revenue. Cut a check directly to the politicians and watch the position reverse.

      Maybe I am not a human /. moron

  8. Hostage by Anonymous Coward · · Score: 0

    Does this mean I can run over those douchebags that stand in a space in an attempt to hold it for someone else?

    1. Re:Hostage by Anonymous Coward · · Score: 0

      Does this mean I can run over those douchebags that stand in a space in an attempt to hold it for someone else?

      You can but that would make you a bigger douchebag.

  9. Is it also illegal.. by Anonymous Coward · · Score: 0

    So it is also illegal to offer somebody money, in person, to let you know when they leave their spot so you can park closer? Technically speaking, you're not paying for the "public" spot, you're paying for the opportunity to park in a more convenient location for a period of time, at which point you leave.

    1. Re:Is it also illegal.. by PvtVoid · · Score: 2

      So it is also illegal to offer somebody money, in person, to let you know when they leave their spot so you can park closer? Technically speaking, you're not paying for the "public" spot, you're paying for the opportunity to park in a more convenient location for a period of time, at which point you leave.

      No, it's illegal to squat on a public parking space and demand money to move. Get the difference?

    2. Re:Is it also illegal.. by Maxwell · · Score: 2

      To a 3rd party observer there is no difference. Person A gives money to Person B who moves their car so A can take their spot. How are you going to prove B would have moved earlier if not for A? Reading their mind?

    3. Re:Is it also illegal.. by PvtVoid · · Score: 1

      How are you going to prove B would have moved earlier if not for A? Reading their mind?

      Um, they advertised the space on the app?

    4. Re:Is it also illegal.. by Anonymous Coward · · Score: 0

      To a 3rd party observer there is no difference. Person A gives money to Person B who moves their car so A can take their spot. How are you going to prove B would have moved earlier if not for A? Reading their mind?

      By a cop down the block offering to buy the space, and seeing that the guy waited in his car for a minute until the app told him the transaction was complete?

    5. Re:Is it also illegal.. by Anonymous Coward · · Score: 0

      I gave you "+1 Insightful" but I wanted to give you "+1 Captain Obvious" =)

    6. Re:Is it also illegal.. by DRJlaw · · Score: 2

      To a 3rd party observer there is no difference. Person A gives money to Person B who moves their car so A can take their spot. How are you going to prove B would have moved earlier if not for A? Reading their mind?

      You're assuming a secret offer from B to A and secret acceptance from A to B. But B has published their offer on the app -- which can be shown to the third party observer -- and no mind reading is involved.

      The legal basis for regulating this out of existence is, quite simply, keeping the peace.

      Person C can deny person A the right to take the spot from person B. Easily. Person C can use the app to locate the parking spot, drive to it, and then refuse to move away in order to let person A assume the spot. To avoid blocking traffic, person C could even drop a passenger off at the spot to occupy it the moment that person B actually leaves, thus securing the spot for person C. Anyone can be person C simply by using the app and refusing to pay.

      Oh the battles that would generate... so we don't let it. Publishing the offer to move is against the law. End of story.

    7. Re:Is it also illegal.. by Anonymous Coward · · Score: 0

      Bitch bitch, whine whine... Person A denied Person B something in favor of Person C. Such is life. But, lets make more laws to protect right rights of person B, because they are entitled to it somehow. Lets be realistic here; The only reason this is illegal is because the city is not making money off it, and can't find a way to do so without pissing people off. What next? Paid line squatters?

    8. Re:Is it also illegal.. by CanHasDIY · · Score: 1

      How are you going to prove B would have moved earlier if not for A? Reading their mind?

      Um, they advertised the space on the app?

      Also, the fact that we just watched this hypothetical exchange.

      If I saw someone pull up to an already-parked car, then exchange money with the person loitering in said parked car, then said parked car leaves, making sure that new car gets the spot he just vacated, I'd think I have all the proof I need that someone just sold access to public land. The ad records from the server are just icing on the cake.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    9. Re:Is it also illegal.. by stdarg · · Score: 1

      No, it's illegal to squat on a public parking space

      Squat? That typically means you are occupying a place without paying for it.

      If people are putting money in the meters, then they are there lawfully, not squatting.

    10. Re:Is it also illegal.. by stdarg · · Score: 1

      Person C can deny person A the right to take the spot from person B. Easily. Person C can use the app to locate the parking spot, drive to it, and then refuse to move away in order to let person A assume the spot.

      You can't block people from entering a public parking spot, that's ridiculous. Person C is breaking an existing law, no need to add regulation to persons A and B.

      Person C could cut in and take the spot, and then put money in the meter. That's fine. But that can happen today without the app... I've had parking spots that I claimed (blinker was on!) stolen from me. I didn't call the cops.

    11. Re:Is it also illegal.. by PvtVoid · · Score: 2

      I've had parking spots that I claimed (blinker was on!) stolen from me. I didn't call the cops.

      Jamaica Man Killed in Gun Battle Over Parking Space

      Miami Barber Shot, Killed Over Parking Spot

      Man Sentenced in Shooting Over Parking Space

      Man critically hurt in Gold Coast shooting over parking spot

      People are insane. Never forget this.

    12. Re:Is it also illegal.. by Anonymous Coward · · Score: 0

      Soooo... I'm seeing PvtVoid didn't call the cops, but shot the other in AT LEAST 4 instances. Assumption: he linked his dealings with parking spot jumpers. Quite a traveler too!

  10. NO by Anonymous Coward · · Score: 0

    First, it's not a DCMA issue so their orders do not have the weight of law.
    Second, only a court can levy a fine, and only if there is a violation of law.

    This is yet another example, more proof of government overreach.

  11. May be a freedom of speech issue... by Anonymous Coward · · Score: 0

    I think this may fall under the free exchange of information (about parking places in this case) that the courts found was legal when it came to the "flash your headlights to indicate a cop hiding behind the truck" thing. It's not up to the government to tell people what they can share or how much the information costs. Of course, I presume it's the information that's being bidded on, not the space itself - after all, only the government that we fund with our taxes can be insolent enough to rent public property to the public that owns it.

  12. Anyone who knows street parking in San Francisco by iamacat · · Score: 2, Interesting

    Will understand that this app is a solution, not a problem. It's much safer to drive to a parking spot that you know will be available and sufficient to fit into than circling blocks for half an hour while paying more attention to the curb than traffic and pedestrians. It's city's fault for not designing streets for both residents and expected number of visitors. They shouldn't scapegoat the app for providing a service that people want.

  13. Enforceable ? by markus_baertschi · · Score: 4, Insightful

    The company is based in Italy and does not target San Francisco specifically. I don't think San Francisco has standing to sue them.

    1. Re:Enforceable ? by Wycliffe · · Score: 4, Interesting

      Is the money collected in person? Or does the spot holder wait for a specific license plate?
      Either way, a sting operation should be easy enough to set up. The spots are physically
      in SF so I don't think they can ban the app but they can certainly fine people for using this app
      or any other method to require money in order vacate a spot.

    2. Re:Enforceable ? by mythosaz · · Score: 1

      Plenty of standing to sue them, and win a default judgement since nobody will show up.

      Not so likely to collect on that judgement, however.

    3. Re:Enforceable ? by Anonymous Coward · · Score: 0

      Sue them? I would have thought it's a criminal matter. Though suing and prosecuting seem to be getting more and more mixed up in US law. The article refers to "civil penalties", whatever that is.

    4. Re:Enforceable ? by stephanruby · · Score: 1

      The company is based in Italy and does not target San Francisco specifically. I don't think San Francisco has standing to sue them.

      That doesn't matter.

      It issued them an official cease and desist letter. Now, they said they're going after the users of the system (which is going to be easy enough). How many $300 fines will it take for the users to start rating the application 1 star? Not many, I can tell you that.

      Pursuing them in a US court won't be a problem either, because once a judgment is given, the city can go after the US-based app stores that distribute their app, and they can go after the application's US-based credit card payment processors.

    5. Re:Enforceable ? by mythosaz · · Score: 1

      The point remains. Any judgement by a US court against them would be largely pointless, except to keep their executives from visiting here on vacation.

  14. Re:Anyone who knows street parking in San Francisc by Anonymous Coward · · Score: 1

    You're being optimistic - I park on the street in San Francisco fairly regularly - I much prefer paying for parking in a garage. This incentivizes people occupying desirable spots for the sole purpose of reselling them, which will lead to hard to park areas becoming even worse. The city needs to build more garages.

  15. This is painful to watch by Copid · · Score: 1

    They have the SF Park system with smart meters. They've shut down the sensors but are still doing some congestion pricing. If they just turned the sensors back on and continued to roll out smart meters to the whole city, this app would become a non-issue. The fact that it exists at all is simply an indication that parking spaces aren't priced correctly. SF Park was a huge success. They just need to keep pushing it.

    --
    An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    1. Re:This is painful to watch by Anonymous Coward · · Score: 0

      Public parking is a public service and needs to be affordable to the general public, even if that means that you may have to search for a spot for a while. Public parking that is priced at market rates is, well, not public parking.

    2. Re:This is painful to watch by Anonymous Coward · · Score: 0

      Public parking is a public service and needs to be affordable to the general public, even if that means that you may have to search for a spot for a while. Public parking that is priced at market rates is, well, not public parking.

      If parking is ever an issue or something difficult, it's not a city you should be driving in.

    3. Re:This is painful to watch by Copid · · Score: 2

      Even if it comes at the cost of congestion and extra pollution while people loiter around looking for spaces? Even if it's in everybody's best interest for more people to use public transit? Are we really going to cause massive inefficiency and gridlock because we're worried about people who drive their own cars into the city but are too "poor" to afford a few extra dollars to park them?

      It's also worth remembering that with congestion pricing, there were plenty of places where parking was really cheap because it wasn't very congested. I'm having a hard time shedding a tear for somebody who doesn't take public transit, doesn't want to park where it's cheap, and then complains that they don't have the money to park in the city.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
  16. Shows that parking spaces are mispriced by jratcliffe · · Score: 1

    The fact that this app exists means that parking spaces are mispriced. If they were priced correctly, there wouldn't be a black market for them.

    1. Re:Shows that parking spaces are mispriced by Anonymous Coward · · Score: 1

      For $20 I'll move my car out of the street in front of your driveway. If you don't like it, clearly your driveway isn't priced correctly.

      Actually, I'm not even sure how to torture an analogy enough to make your comment relevant to this discussion. It's against city law to hold a parking spot for someone else, here's an app that encourages you to hold a parking lot for someone else.

    2. Re:Shows that parking spaces are mispriced by Bob+the+Super+Hamste · · Score: 1

      If you park your car in front of my drive way blocking it I'll call a wrecker and have it hauled off, or just wrap my tow chain around an axle and drag it out of the way with my Jeep in 4 low since preventing access to one's own property is illegal in my state.

      --
      Time to offend someone
    3. Re:Shows that parking spaces are mispriced by Anonymous Coward · · Score: 0

      For $20 I'll move my car out of the street in front of your driveway. If you don't like it, clearly your driveway isn't priced correctly.

      Sounds like you want a beat down.

      I'm sure someone will accommodate your desire, sooner or
      later, and hopefully it will be sooner.

    4. Re:Shows that parking spaces are mispriced by Anonymous Coward · · Score: 2, Insightful

      ...and preventing access to public property is illegal in San Francisco. You're agreeing with the person you're arguing with.

    5. Re:Shows that parking spaces are mispriced by swb · · Score: 1

      I'm not sure why there are so many hostile replies. There's only two solutions to excessive demand -- increase supply or increase prices.

      Since street parking supply probably can't be easily increased, increasing prices is the only alternative.

    6. Re:Shows that parking spaces are mispriced by Anonymous Coward · · Score: 0

      It is like this in all cities. I don't care if it is SF, NYC, Chicago, DC, or even more Podunk towns... I wouldn't be surprised to see an app like this wind up nationwide with no way to stop it. People will pay for a parking space, well... because it means not having to spent $20 for a parking garage and return to a car with smashed windows since some tweaker didn't like your ride.

      It is unfortunate, but this is only going to become a more common fact of life in US cities.

    7. Re:Shows that parking spaces are mispriced by Bob+the+Super+Hamste · · Score: 1

      I never said it was legal to prevent access to public property, only responding to the comment about blocking ones driveway. I would fully expect that the city of San Francisco would be within their rights to tow or otherwise dispose of vehicles participating in this practice. I actually think impounding the vehicles would be a good move since that is usually a major inconvenience and a fairly substantial expense since they have to pay for the tow and pay to get the vehicle out of the impound lot as well (at least they do where I live).

      --
      Time to offend someone
    8. Re:Shows that parking spaces are mispriced by stdarg · · Score: 1

      No, because what's happening in San Francisco isn't about preventing access to public property. It's about paying someone to leave a parking spot that they are lawfully occupying (you know, by putting money in the meter).

      In this case, the person blocking the private driveway is not there legally to begin with. So...

    9. Re:Shows that parking spaces are mispriced by Anonymous Coward · · Score: 0

      Bwahahaha. So if I sell something that is not mine...say your house. Say I'm willing to sell your house for 500 bucks this means that you didn't properly price it at 499?

      News Flash. People selling things that aren't theirs is not a black market. It is theft or fraud.

      Now how should I price your pants?

    10. Re:Shows that parking spaces are mispriced by david_thornley · · Score: 1

      It is about preventing access to public parking. You're sitting in a parking spot, I come by looking for a spot. You're preventing my access to public property. There are legitimate reasons for doing this; holding it for the highest bidder isn't one of them.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    11. Re:Shows that parking spaces are mispriced by stdarg · · Score: 1

      If I'm sitting in a parking spot and you come by looking for a spot, then you're out of luck because I already have the spot. I'm certainly preventing you access to my spot, because I'm in that spot. That's different than blocking your access to another spot where I'm not, which would be illegal and immoral.

    12. Re:Shows that parking spaces are mispriced by david_thornley · · Score: 1

      You're missing the point about legitimate reasons. Being in a spot for personal reasons is fine. Being in a spot because nobody's paid you to leave it isn't. That appears to be the law.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  17. Re:Anyone who knows street parking in San Francisc by Anonymous Coward · · Score: 0

    Anyone who drives in San Francisco is a masochist and probably a moron, fixed that for you.

  18. Free lottery weighted by karma? by OGmofo · · Score: 2

    One massive problem with scarce parking and no smart system to distribute it is that a lot of vehicles spend a lot of time driving in circles looking/waiting for a spot to turn over. If there were a system that was essentially a free lottery, it could avoid a lot of wasted time and pollution. You'd have to incentivize the occupant somehow though.

    something like this:

    1. Occupant is about to leave and sends an alert of near term availability.
    2. N subscribers get the alert and enter the lottery, lottery executes, winner is selected, and winner is notified that they get the spot, no charge. The lottery could be weighted by karma, say the number of times that lottery participant has yielded a spot to others.
    3. Occupant yields their spot to winner, and receives parking karma for next lotto.
    4. Society benefits by less traffic, pollution.

    1. Re:Free lottery weighted by karma? by spitzak · · Score: 1

      That's just silly. There right now is a much more efficient "lottery", which is "the one looking for a parking space that happens to be nearest the vactated space takes it". This obviously minimizes the driving and waste over any other scheme.

      Also pretty unclear what should happen in your scheme if the "winner" does not show up.

  19. subject by Charliemopps · · Score: 1, Interesting

    I've yet to see downtown parking in any city that wasn't already predatory and a scam. Usually, however, that's perpetrated by the city, not some app.

    The city intentionally zones and permits businesses to concentrate tax revenue within a small area.
    Buildings get taller, roads get narrower...
    Then the city complains about congestion, charges insane fees for parking, trys to charge to even bring a car downtown.
    I know! Bycycles will fix it! So they take away the parking lane and turn it into a bike lane... Now the bike racks are full. Better start charging for bike parking to!

    These issues are directly caused by the city governments themselves. I've no sympathy at all for them. Stop concentrating population density, let it spread out. I know you get a lot of tax revenue because of it. But how much is it costing?

    1. Re:subject by Anonymous Coward · · Score: 1

      I've yet to see downtown parking in any city that wasn't already predatory and a scam. Usually, however, that's perpetrated by the city, not some app. These issues are directly caused by the city governments themselves. I've no sympathy at all for them. Stop concentrating population density, let it spread out. I know you get a lot of tax revenue because of it. But how much is it costing?

      Yes, if only NYC would allow people to move to rural housing in Wyoming where parking is free. But no, NYC forces people to move in by providing access to high wage jobs, culture, movies, food and nightlife unparalleled in the English speaking world. Oh wait, they don't do that. People choose to live there because easy access to parking in Buttefuque, Montana doesn't make up for the horror of living there. If you are old and white you may like that, but if you are under 40, not so much.

    2. Re:subject by Anonymous Coward · · Score: 0

      As someone who lives and works downtown in a major city (DC), I'm entirely in favor of the city encouraging transit and other multimodal means of getting in and out of town.

      I live in the city because its walkable. Don't be so shocked when the politicians there, that I vote for, build systems to support my lifestyle, not those outside of their constituency.

    3. Re:subject by PPH · · Score: 1

      Like Seattle. Jack up prices on public parking. Convert it to bike lanes. When some businessman wants to paint a few white lines on his already paved property, turn him down*. And then when parking becomes scarce, let the Private Parking Mafia grab up evey vacant lot and set up business there.

      *City council got bit in the ass some years back when an (infamous) businesman paid them $30K under the table for a permit. They got caught, he got is $30K back, a slap on the hand and the permit he wanted anyway.

      --
      Have gnu, will travel.
  20. Law by fulldecent · · Score: 1

    That sounds like a great response from the police...

    And what exact public law is being broken now?

    --

    -- I was raised on the command line, bitch

    1. Re:Law by CanHasDIY · · Score: 1

      And what exact public law is being broken now?

      Well, for one thing, it's illegal to loiter. It's also illegal to intentionally disrupt the flow of traffic, stare at a cell-phone screen while driving, and block-then-sell access to public lands.

      So... take your pick. For me, it's the selling access to publicly owned property that's the key issue.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    2. Re:Law by mark-t · · Score: 1

      Well, for one thing, it's illegal to loiter.

      If you are sitting in your car at a parking meter, and keep putting change into the meter to keep it from running out until somebody who has offered you enough money for your presumably prime parking position comes along and you vacate that spot for them, are you still considered to be loitering in the interim?

    3. Re:Law by istartedi · · Score: 1

      And what exact public law is being broken now?

      I'll take a wild guess and say it's illegal to sublet public property without some kind of special permit. I wager that if there is a free open-air concert in the park you can't set out a dozen blankets in a good spot and charge people for the reserved seating. This seems very similar to that.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    4. Re:Law by CanHasDIY · · Score: 1

      If you're feeding a meter (ie, giving the government money), I'm guessing they'll look the other way most times.

      Surely we aren't talking about an app that auctions access solely to metered parking spaces? I assumed it was geared towards free, non-timed parking.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    5. Re:Law by John+Jorsett · · Score: 1

      And what exact public law is being broken now?

      I'll take a wild guess and say it's illegal to sublet public property without some kind of special permit. I wager that if there is a free open-air concert in the park you can't set out a dozen blankets in a good spot and charge people for the reserved seating. This seems very similar to that.

      On the sublet issue: you're not charging them to park there, you're accepting a bribe to incentivize you to leave. I see this as the same as some guy cruising around and offering you a sawbuck to pull out and let him take your spot.

    6. Re:Law by Anonymous Coward · · Score: 0

      Extortion. Theft of public property. Just because San Fransisco is kid gloving the issue does not mean that very serious laws are not being broken. Yes if you block access to public property and ask for payment to move you have stolen public property and extorted. These are felonies. Good old fashioned felonies, not the new "make everything a felony" laws in the US.

      Go ahead. Get some pals to drive up to the entrances of toll roads. Stop your cars to block the lanes and hang a sign indicating you will move if paid. The cops may charge you with little crimes but if you make a habit of it you will quickly discover that you will be considered to have commited extortion. Yes it is theft of public property even if for a limited time. There isn't a "borrowing" of public property law. Try to sell tickets to the Brooklyn bridge and see how that flies.

      Consider the moral failure of someone sitting in a spot that does not belong to them and demanding payment to move. Despicable.

      If the San Fransisco gov decides to take the gloves off then it will likely be against the producers of the software product. There is extradition between Italy and the US. Conspiracy to commit extortion and theft is not trivial. If extradited the people involved would likely be organized crime. Or do you think naive people did this?

    7. Re:Law by mark-t · · Score: 1

      I just assumed it was referring to metered parking. Every city that I've lived i, the prime parking spots are always paid, or else on private property. I guess there's also free parking along the residential streets of the suburbs, but I wouldn't think that such parking would generally be in demand in the first place. Even the residential streets that are too close to any kind of major artery tend to have restrictions on who is allowed to park there... ie, you would need to have a tag hanging on your rear view mirror similar to a handicapped vehicle tag that indicates the vehicle is owned by a resident along that street, and untagged vehicles which are there for more than about 15 minutes or so will usually get ticketed, and sometimes even towed.

  21. Something more defensible... by DoofusOfDeath · · Score: 1

    I wonder if someone could aggregate and sell realtime information about empty parking spaces.

    It's not as powerful (or sleazy) as holding parking spaces ransom, but it's probably a lot harder for SF to fight, due to First Amendment issues.

    1. Re:Something more defensible... by CanHasDIY · · Score: 1

      I wonder if someone could aggregate and sell realtime information about empty parking spaces.

      As long as they aren't actively encouraging people to break laws, like the app in question, I don't see where there would be a legal issue.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    2. Re:Something more defensible... by Anonymous Coward · · Score: 0

      San Fransisco wouldn't fight that, it already does that. The city is all for more efficient parking, they are stopping this app because it will decrease parking efficiency, not because they want to hide spot information.

      San Fransisco the city already provides spot information for free with a API, you can query all the meters in the city to see which ones are free, lots of apps out there that use it.

      Santa Monica too in the public lots, you can just go to the site or app and see how many spots are available. The newer ones even have per spot license plate readers so if you lose your car security can just look up exactly where it is across all the lots.

  22. Can't make this stuff up by oldhack · · Score: 1

    City parking authority claims the moral high ground?

    --
    Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
  23. Common Sense & Tech by Anonymous Coward · · Score: 0

    So much misuse of Technology has been due to simple lack of common sense. This is absurd, why can companies not see legal issues before going public? Even consideration of the golden rule would help. The point in this example could apply in general terms to many oops due to not considering even local & international laws. Privacy and various freedoms are taken away without consideration of rights of individuals etc. Recent example in US is review of companies not allowing general public to take pictures or video while common areas are being videoed by the company. This places undue burden on consumers when litigation happens due to lack of video evidence of incident. Simple common sense would evade the possibilities of mass lawsuits due to these policies. C'mon companies, this waste of money hurts everyone and cuts productivity while adding costs. How much will San-Francisco spend on this incident, & how much will companies and users spend as well while tying everything up in knots for how long???

  24. My workaround by Anonymous Coward · · Score: 0, Interesting

    Whenever I have lived in a city, I use public transportation.

    I find cars to be such a burden - financially (payments, taxes, insurance, maintenance) and the hassles of parking, registration, maintenance, etc ...

    The automobile gives the illusion of freedom while making us a slave to the insurance, banker, and tax man/government.

    When I think about it, I'd be more than happy to be taxed a bit more and have great European style mass transit than a car.

    Also, it's a regressive expense. Meaning, automobile costs - even if you have the cheapest shitbox you can find - is still a much larger portion of a poor person's budget than a rich person who has the top of the line Mercedes or BMW.

    And then there's the environmental: Autos are rolling toxic waste dumps. Antifreeze, oil, gas and all the solvents necessary in their making and mainenance. And of course the air pollution.

    Then there's the political. Our addiction to the automobile and the petroleum has financed evil people with petro-dollars.

    Less face it, the automobile is one of the most evil creations of man.

  25. Re:Anyone who knows street parking in San Francisc by Anonymous Coward · · Score: 2, Insightful

    You are wrong. The car that would have taken the spot the instant it was available is now circling the block for half an hour instead of the person who used the app. And don't forget that using the app means a parked person stays in the spot longer than normal, which adds to the parking problem. It is bad in every possible way.

  26. Re:Anyone who knows street parking in San Francisc by DerekLyons · · Score: 3, Funny

    It's city's fault for not designing streets for both residents and expected number of visitors.

    Yes - damn the city planners of the 1870's for not anticipating the conditions of 2014.

  27. Why not fix the parking situation? by Anonymous Coward · · Score: 0

    Instead of banning the band-aid, why not actually fix the wound?

    1. Re:Why not fix the parking situation? by Anonymous Coward · · Score: 0

      This isn't a band-aid, this is tearing scabs of people and demanding to be paid to stop.

  28. Against whom? by Anonymous Coward · · Score: 1

    They may not be able to do much to the company if it has no US assets, but they can certainly monitor the parking spots up for sale and catch people in the act.

  29. Government regulates those who lack self control. by Anonymous Coward · · Score: 0

    Normally I am against government interference, but in this case the government is
    stepping in because there are assholes trying to sell things they DO NOT OWN,
    and that is wrong and these assholes deserve to be punished.

  30. Conference room app by MobyDisk · · Score: 1

    1. Reserve all the conference rooms in the building for the next 10 years
    2. Build an app to auction conference rooms
    3. $$$ Profit!!!! $$$

  31. die unproductive profiteering leeches! :) by spads · · Score: 1

    xx

    --
    Bukowski said it. I believe it. That settles it.
  32. Levi stadium situation by slew · · Score: 2

    A counter-example to this would be the parking situation at the newly constructed Levi stadium for the SF 49'ers. They don't have enough game-day parking spaces for the stadium and they were assuming that some of the surrounding office complexes would be willing to become pay-parking lots on Sunday-gamedays... Sadly, only a few of them "bit" on this opportunity. The purported reason for this is the increase in liability insurance and maintenance (e.g., cleanup costs) involved would not make it worth the hassle to operate as public-parking lot for 8 days a year.

    Despite sounding like a good idea, apparently in real life the margin on parking is so low that you can't really do it on a part time basis and make it worth your while. It's not that they are doing it wrong, their business model is to simply privatize the profit and socializing the liability and risks (e.g. city maintenance and self-insurance costs) not unlike a big-bad-bank...

    1. Re:Levi stadium situation by Dahan · · Score: 1

      Despite sounding like a good idea, apparently in real life the margin on parking is so low that you can't really do it on a part time basis and make it worth your while. It's not that they are doing it wrong, their business model is to simply privatize the profit and socializing the liability and risks (e.g. city maintenance and self-insurance costs) not unlike a big-bad-bank...

      FWIW, most of the office buildings around the Texas Rangers baseball stadium in Arlington turn their lots into pay parking on game days. (And for games at the Cowboys football stadium too, even though that's a bit of a longer walk from the office buildings).

    2. Re:Levi stadium situation by slew · · Score: 1

      Despite sounding like a good idea, apparently in real life the margin on parking is so low that you can't really do it on a part time basis and make it worth your while. It's not that they are doing it wrong, their business model is to simply privatize the profit and socializing the liability and risks (e.g. city maintenance and self-insurance costs) not unlike a big-bad-bank...

      FWIW, most of the office buildings around the Texas Rangers baseball stadium in Arlington turn their lots into pay parking on game days. (And for games at the Cowboys football stadium too, even though that's a bit of a longer walk from the office buildings).

      One complication of the Levi Stadium situation is that the companies do not actually own their office/parking lot, but are merely mostly Class-B commercial office-park tenants which do not have the authority to use the building parking lots that way. The owners of the building are generally large real-estate holding companies and the parking lots aren't normally pay/restricted lots so don't have lot attendants so they would likely have to apply for a Special Event Parking Permit to do this. They would also likely need to re-negotiate lease terms with their tenants to tie up the parking lot in this manner.

      If the office buildings you mention have full-time managed parking lots, then they could avoid much of the complication surrounding the Levi Stadium situation since they would-be full-time parking operators already.

  33. Problem was the auctioning. by gurps_npc · · Score: 1

    You can't sell something you don't own. But what you could do is sell information, which you do own. In exchange for a set fee of $1, you can state the exact location you just vacated. No 'guarantee' of getting the spot, so you are not selling the spot. Instead you are selling the location data that is time sensitive. Specifically that means, if someone else comes along and takes the spot before your buyer arrives, the buyer is out of luck.

    --
    excitingthingstodo.blogspot.com
    1. Re:Problem was the auctioning. by PPH · · Score: 1

      You can't sell something you don't own.

      Well, there goes my idea for this neat innovation I was going to call short stock sales.

      --
      Have gnu, will travel.
  34. Hipsters cry out in protest by Anonymous Coward · · Score: 0

    Uh oh, now Hipsters Caleb and Donovan will have to drive around in their Prius even longer, clutching their decaf soy lattes, desperately and despondently searching for a parking spot...

  35. Supply/Demand by Anonymous Coward · · Score: 0

    If there's that much demand for parking, why don't they just create more parking spaces?

    1. Re:Supply/Demand by Anonymous Coward · · Score: 0

      To misquote Field of Dreams, "If you build it they will come". You could build more parking spaces but you would just end up in the exact same situation, except with more traffic.

    2. Re:Supply/Demand by Anonymous Coward · · Score: 0

      By that logic, they should just get rid of parking spaces then.

    3. Re:Supply/Demand by Anonymous Coward · · Score: 0

      Exactly, remove parking spaces and force people to bike, use puplic transport, take a cab or hitchhike/carpooling with someone having a private parking space, get a private parking space....

  36. Hostage? by PPH · · Score: 1

    But we will not abide businesses that hold hostage on-street public parking spots for their own private profit.

    So, they are going to make car carriers unload on dealer's lots?

    Too bad. I had a great business plan for a shipping company that needs no loading dock space because we were going to load and unload in the middle of city streets.

    --
    Have gnu, will travel.
  37. Re:Government regulates those who lack self contro by mark-t · · Score: 1

    If they are holding the space, and properly paying for it until somebody who has offered them sufficient money for that space arrives, then aside from encouraging people to use their phones while driving, which is generally considered an unsafe practice, what are they doing wrong, exactly?

  38. Clearly these spots are too cheap by Anonymous Coward · · Score: 0

    The city should re-assess the value of each spot, increase the metered rate to nearly 100% of the land's rent, and distribute a portion of the revenue to each resident so they can actually afford the spots. If they're close enough to the spot's "true" value, transaction costs will outweigh the potential profits from squatting.

    Henry George is spinning in his grave.

  39. FTFY by jklovanc · · Score: 1

    Alternate One: Get close to your destination. Pull out your phone,run into someone while futzing with your phone...

    The place to pull over to use your phone to look for a parking space is called a parking space.

    1. Re:FTFY by bluefoxlucid · · Score: 1

      Uh. No, not really. There are plenty of places to stop, for example at long red lights or in the no-parking area by the kerb. Most places you can stop aren't parking spaces.

  40. Free speech by Anonymous Coward · · Score: 0

    In Seattle, I once pulled into an empty parking place near the University of Washington. Before I left, someone rushed out from a nearby ice cream cafe. He offered me free ice cream if, before I left, I dropped by so they could move the store's van in my place.

    Why all that interest? I'd already found out why. That particular parking spot had a meter that would not take coins and was stopped with some time left on it. It was free parking in a neighborhood filled with pricey meters.

    Yet according to SF's hysteria-prone city attorney, I was engaging in a "predatory private market" and holding "hostage" that innocent and broken little parking meter.

    How I pity those who live in SF. A great climate, but a rotten government. When the hippies left, the Brownshirts moved in.

  41. OT: /.ing still works by umghhh · · Score: 1

    and we slashdotted the bloody attorney site or is it just me not being able to click properly???

  42. Resturant seating by Larry_Dillon · · Score: 1

    This isn't exactly the same, but it reminds me of the restaurant seating problem that happens when patrons, upon seeing that there's limited seating, have members of their party camp on a table before they've ordered. It exacerbated the problem. People who have just got their food can't find a seat because table-campers have what would be empty seats.

    --
    Competition Good, Monopoly Bad.
  43. SF is bound to lose this one in court by American+Patent+Guy · · Score: 1

    I have three points to make:

    First, a city does not have the authority to regulate the conduct of persons within its boundaries (and even outside as SF seems to be claiming) however it wants. Sure, it can regulate the class of people who occupy parking spaces, and it can tax the people who use them. What it cannot do is (1) regulate the conduct of persons outside of its bounds who want information about those parking spaces, (2) regulate what applications people run on their devices and the commerce they engage in without a clear public interest in doing so, (3) stop them from expressing themselves where there is no criminal conduct or civil obligation involved (a.k.a. "free speech"), and (4) pass ordinances that are beyond the scope of the authority granted to them by the state (I doubt the State of CA has granted its cities the authority to regulate software). There's four strong reasonings available to the offender when the city tries to enforce this ordinance.

    Second, there's no practical way the city will be able to enforce this. Hell, most places don't enforce speeding and traffic laws because its too bothersome/costly to the police to do so. How is the city going to detect illegal activity, when it can't snoop on wireless traffic without a warrant?

    Third, the city is the cause of this market in the first place. If the city would oversee the parking situation such that there was sufficient parking, then there wouldn't be a market for this application to exploit. The city should provide more parking &/| transport, not try to punish people for getting around.

    Fourth, their city council is stupid for doing so: they are dissuading people from coming into their city where they would be spending money & paying more in sales and other taxes. But then we're talking about CA: the land where original idiotic laws are common...

    1. Re:SF is bound to lose this one in court by Obfuscant · · Score: 1

      What it cannot do is (1) regulate the conduct of persons outside of its bounds who want information about those parking spaces,

      I would love to see the business plan you would write that is based on facilitating the selling of physical access to a fixed location where neither the seller nor the buyer are actually in the jurisdiction of the municipality that governs that space. It would seem that if the seller is not in the space at the time of the auction he has no control over who is there, and if the buyer is not there to use it it has no value to him. I imagine you could find a few people who would be dishonest enough to try auctioning something they don't control, and stupid enough to bid on something they aren't capable of using, but not enough to make a profit from it.

      How is the city going to detect illegal activity, when it can't snoop on wireless traffic without a warrant?

      Of course the only way to detect this activity is to sniff wireless packets.

      Third, the city is the cause of this market in the first place.

      Yes, by implementing public parking they are the proximal cause of people abusing the public parking system. The trivial solution is to simply remove all public parking.

      Fourth, their city council is stupid for doing so: they are dissuading people from coming into their city

      Really? There are businesses in the big city near here that I would never bother visiting if I knew that the only way to get a parking space was by winning an auction from a scalper. Would you be happy to come to an area and start looking for a space to park, just to find that half the people parked there are only there because they are waiting for the winning bidders in their auction to show up and have no other interest in parking there? No, honestly, I don't care if you would like it or not, I know I would not.

      The city has a vested interest in keeping public parking available to the public and not allowing others to convert it into a private system. It would be inarguably against the law for someone to put barracades on the entrances to a city parking facility and charge people $5 to enter. This is not much different.

    2. Re:SF is bound to lose this one in court by American+Patent+Guy · · Score: 0

      What it cannot do is (1) regulate the conduct of persons outside of its bounds who want information about those parking spaces,

      I would love to see the business plan you would write that is based on facilitating the selling of physical access to a fixed location where neither the seller nor the buyer are actually in the jurisdiction of the municipality that governs that space. It would seem that if the seller is not in the space at the time of the auction he has no control over who is there, and if the buyer is not there to use it it has no value to him. I imagine you could find a few people who would be dishonest enough to try auctioning something they don't control, and stupid enough to bid on something they aren't capable of using, but not enough to make a profit from it.

      I don't need to write your business plan. All I need to do to challenge this ordinance is show that it is illegal. It is the job of the city council of SF to find a legal solution.

      How is the city going to detect illegal activity, when it can't snoop on wireless traffic without a warrant?

      Of course the only way to detect this activity is to sniff wireless packets.

      That's called "wiretapping", and it's illegal to do without a search warrant. To get a warrant, the police would have to show probable cause that a crime is being committed over that channel. Since they won't be able to do either, the ordinance is unenforceable.

      Third, the city is the cause of this market in the first place.

      Yes, by implementing public parking they are the proximal cause of people abusing the public parking system. The trivial solution is to simply remove all public parking.

      No, the city of SF has caused this black market by advertising that they have sufficient streets and parking spaces, and then not providing that to the public. The real "trivial" solution is for the city to tell the real truth, and tell people that they can expect to wait X minutes on the average for a space. Then people would travel somewhere else. Problem solved.

      Fourth, their city council is stupid for doing so: they are dissuading people from coming into their city

      Really? There are businesses in the big city near here that I would never bother visiting if I knew that the only way to get a parking space was by winning an auction from a scalper. Would you be happy to come to an area and start looking for a space to park, just to find that half the people parked there are only there because they are waiting for the winning bidders in their auction to show up and have no other interest in parking there? No, honestly, I don't care if you would like it or not, I know I would not.

      The city has a vested interest in keeping public parking available to the public and not allowing others to convert it into a private system. It would be inarguably against the law for someone to put barracades on the entrances to a city parking facility and charge people $5 to enter. This is not much different.

      No, the city has a vested interest in providing the infrastructure needed to support travel and business within its boundaries. It doesn't matter whether that infrastructure is public or private. No one using this software is putting barricades up or otherwise impeding the access to any parking space: they're just announcing that they're about to leave one that they've legally occupied. I'm sorry that you can't see the difference.

      What SF should do is find lawful solutions to their problems, not to use their city attorney to threaten others obeying the law into doing what the city officials want.

  44. Pot, kettle by jdavidb · · Score: 1

    But we will not abide businesses that hold hostage on-street public parking spots for their own private profit

    On the other hand, it's okay when we do it!

  45. Translation by Anonymous Coward · · Score: 1

    We're not getting any money out of this.

    *BANNED*

  46. Re:Anyone who knows street parking in San Francisc by spads · · Score: 1

    Ok, then the city should implement it and maintain a queue. Then they just need to install a sensor on all the spots which only allows the correct user to plug the meter (or simply activates a sign marking as "Occupied" if cost free) when the correct cell phone is identified to be proximal to it.

    --
    Bukowski said it. I believe it. That settles it.
  47. Re:Anyone who knows street parking in San Francisc by spads · · Score: 1

    Though some allowances might need to be made for drivers lacking cell phones.

    --
    Bukowski said it. I believe it. That settles it.
  48. Re:Government regulates those who lack self contro by Anonymous Coward · · Score: 0

    ...what are they doing wrong, exactly?

    Ummm, squatting on a public parking space and demanding money to move?

  49. Re:Anyone who knows street parking in San Francisc by Anonymous Coward · · Score: 0

    Take BART/Muni. I never drove to work once in SF.

  50. Re:Anyone who knows street parking in San Francisc by Prien715 · · Score: 1

    It's city's fault for not designing streets for both residents and expected number of visitors

    No, it's the visitor's fault for not taking public transit. San Francisco has some of the best public transit in the country. BART is ~$4 round trip, runs past 1 AM and parking at the stations is free on the weekend. And now the rent is higher than NYC, any spare space should be devoted to housing.

    It's vastly more efficient use of space to park your car outside the city and make the city navigatable with transit (see Tokyo, Berlin, Prague, etc).

    --
    -- Political fascism requires a Fuhrer.
  51. Sounds workaroundable by John+Jorsett · · Score: 1

    Change the app so that a "seller" isn't demanding payment, he just makes it known that if, say, $20 shows up in his account from some generous donor, he'll be so anxious to spend his windfall that he'll drive away immediately. The "buyer" would wait until he was right there, transfer the money via cell phone, and pull in the spot. The "seller" doesn't know who his benefactor is, it could have been anyone. Think of it as a variant of the Amazon wishlist. Since there's no direct quid pro quo, no laws were violated.

  52. Not sure... by Anonymous Coward · · Score: 0

    ...how the city can ban an app. Presumably, the app could be used in any city, not just San Francisco. What apps I run on my cellphone is my business, not that of the losers in SF city hall.

    If they don't want people in SF using the app, all they really need to do is have the cops monitor and respond to offers for parking spots. When they get there, arrest the seller and impound his vehicle. A few days of stories like that hitting the local news will put a real damper on the use of the app.

  53. What really bugs SF officials .... by American+Patent+Guy · · Score: 1

    Is that people have figured out a way around their "environmentally friendly" programs: http://www.sfenvironment.org/c...

    "What's more, commuter benefits encourage people to walk, bike, rideshare and take transit to work. This helps relieve traffic congestion and improve air quality, making our cities and regions better places to live." SF gets a subsidy from the feds, SF doesn't have to provide so much parking because they promote walking, biking, ridesharing, etc.

    It seems to me that this black market is a result of inadequate planning. SF would rather point their finger at people smarter than they are...

  54. How to make it legit by penguinoid · · Score: 1

    I think this could be made legit with a simple modification: company pays owner of parked car for information on when he'll leave that spot (probably with updates either manually or via GPS tracking). Driver pays company for information on which parking spots will be vacated soon in a given area at a given time. Net result should be a small gain in the city's efficiency (less pollution, fuel, traffic, wasted time), albeit reduced by the opposite effects on people who don't use the information. Still a net positive as can be seen by considering what would happen if everyone used the information Could be non-commercialized by using karma transfers instead of money.

    Also, since most apps these days track you via GPS, slightly inferior information could be automatically gathered and sold.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  55. I got it! by surd1618 · · Score: 1

    I thought of the solution!
    Just be a good person and work hard wherever you live. That way, you, your kids, and your friends won't want to move to a fuck-all overcrowded megapolis and scratch out a living in a hyper-competitve environment just to try to 'get ahead'. Simple. No more parking problems.

  56. Re:Government regulates those who lack self contro by Anonymous Coward · · Score: 0

    It is wrong on many levels.

    First on the personal responsibility to the community level it is subverting the arrangement made to provide parking. The parking is for a purpose other than ad hoc sub letting by some random user.

    On the level of resposibility to yourself it is wrong. People who subvert public arrangements typically don't play well with others. This scheme is fragile and has the obvious potential to result in strife where you are stuck in a space with two arguing people blocking you. I don't see this being worth the time and effort to verify the "right" person is entering the space much less getting in a mess with frustrated drivers. If a person has something bad happen to them while trying to make money from this scheme do we feel sympathetic or consider it self inflicted by a selfish abusive opportunist?

    On the legal level it is extracting payment by misusing public property. You are extorting and misappropriating public property. Doing things that owners do such as charging for access when you are not the owner is theft. The city provides the spaces so you can park in them not so you can charge for access to them. That people miss this is a stunning window on the how social interaction has been abused to the point where people can't understand conditional use. If you swerve while driving and a cop pulls you over and asks that you stay in your lane then I quess you are thinking " My Lane...MY LANE? I'll put the couch over there and get some drapes...conditional use. Conditional use usually involves something that you don't actually own. You let your neighbor in to use the phone. Your neighbor strips and starts to get into the shower. You didn't let him in the house for that. Is conditional use really that hard to comprehend? To not grasp this is a gross intellectual failure involving a rather simple and very common concept.

  57. Re:Government regulates those who lack self contro by mark-t · · Score: 1

    Perhaps you missed the point I said where the person holding the space is actively paying for the use of that space until a person that they are willing to surrender it to (because enough money has been offered) arrives at the location.

  58. Encourages Parasites by statemachine · · Score: 1

    What this parking app (and there are a couple of others too) does is encourage people to drive into town and make money by parking in spots, auctioning it off, then driving to the next one and repeating the process.

    Just guess how much chaos this will cause when a lot of people start doing this professionally.

    I see every spot taken by a car with someone in the driver's seat. I see this escalating into organized groups doing this, and then those groups start fighting over territories.

    "ParkModo, which appears poised to launch later this week, according to recent employment postings on Craigslist, will employ drivers at a rate of $13.00 per hour to occupy public parking spaces in the Mission District."

    Uh huh. Assholes gaming a system. I see the next revenue source for tweakers.

  59. arseholes by Anonymous Coward · · Score: 0

    from the article:
    "ParkModo, which appears poised to launch later this week, according to recent employment postings on Craigslist, will employ drivers at a rate of $13.00 per hour to occupy public parking spaces in the Mission District. As with Monkey Parking and Sweetch, ParkModo then plans to sell the on-street parking spots to its paying members through its iPhone app"

    What a bunch of arseholes, getting a park in SF is bad enough without pricks like these exploiting the system. Does anyone know who's behind the ParkModo app. I want to blacklist whoever works there from being hired from any company in the SF area. Arseholes.

  60. Re:Anyone who knows street parking in San Francisc by ShakaUVM · · Score: 1

    >Yes - damn the city planners of the 1870's for not anticipating the conditions of 2014.

    I know, right? It's not like all of San Francisco ever got hit by a massive earthquake and fire or something.

    Actually, they did have their chance to rebuild the city right - they knew their layout was shit and considered it - the trouble was figuring out how property rights would work when you moved all of the lots around was too much of a nightmare for the city, especially given that they'd lost all their records in the fire. So they were basically forced to allow everyone to rebuild right where they were before, using a city layout that would make old European cities cry from dysfunction.

  61. Re:Anyone who knows street parking in San Francisc by DerekLyons · · Score: 1

    Actually, they did have their chance to rebuild the city right

    Not "right" by the OP's definition, no. Even in 1906 they could not have reasonably predicted the conditions of 2014.

  62. Translation: by Anonymous Coward · · Score: 0

    The city wishes they had thought of it first.

  63. compared to "key money" ? by cellocgw · · Score: 1

    Can someone familiar with the NYC concept of "key money," a wad of cash handed over for the right to assume a lease on an apartment (that's what I've read, not necessarily the whole story) comment on the similarity or difference between that cash transaction and this one?

    --
    https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
  64. Re:Anyone who knows street parking in San Francisc by ShakaUVM · · Score: 1

    >Not "right" by the OP's definition, no. Even in 1906 they could not have reasonably predicted the conditions of 2014.

    They wanted to widen and straighten the streets. This would have made a pretty significant impact on the road conditions in SF, even today.

    Could you imagine what London would be like today if they didn't remodel a bit after 1666?

  65. Re:Anyone who knows street parking in San Francisc by DerekLyons · · Score: 1

    They wanted to widen and straighten the streets. This would have made a pretty significant impact on the road conditions in SF, even today.

    The topic under discussion is parking - which is sensitive to the *length* of the streets, and only in unusual conditions sensitive to the *width*.

  66. cease and desist? by fustakrakich · · Score: 1

    That, is outright censorship. If you want to target the users for using it to do something entirely questionable, fine, but leave the developers alone...

    --
    “He’s not deformed, he’s just drunk!”
  67. Re:Anyone who knows street parking in San Francisc by iamacat · · Score: 1

    Are you seriously suggesting that SF public transit is friendly to visitors unfamiliar with the city? Please explain to me how do I take BART to sunset district.