Uber Now Blocked All Over Germany
An anonymous reader writes Following the blocking of Uber in Berlin, DE, the district court of Frankfurt/Main has issued a restraining order for Uber services all over Germany (German original). The district court is alleging "uncompetitive behavior" (Unlauteres Wettbewerbsverhalten) on Uber's part, and has proclaimed that not following the restraining order will result in a fine of €250.000 or imprisonment. This ruling is related to the German "Personenbeförderungsgesetz" and is outlining that no legal entity (person, enterprise) is allowed to transfer passengers without having passed the relevant tests and having the appropriate insurance coverage.
And while it conflicts with ideals I consider higher, proportionality and due process, I can't not be amused at the irony of attempting to corner a market resulting your outright exclusion from it.
There is no "ruling", there is a preliminary injunction -- the court hasn't ruled anything. Also, this injunction only affects the "Uber Pop" service, which is only one of the services Uber offers in Germany.
... from someone hitching a lift on the side of the road and paying for the ride? Taxis should be licensed otherwise you could end up getting in a car with any uninsured nutcase driving some unsafe POS.
Do it for any reason other than being "uncompetitive". What the heck is so "uncompetitive"?
You want to play in our market? Play by our rules. Don't claim that your 'innovative new paradigm' renders those rules obselete and ignore them.
As always Germany confirms its high level of civilization.
Well a lot of these countries have rules that are made to prevent US companies from gaining traction there. Sure they hide it in terms of safety or something else the normal electorate can swallow but if you look at the details of the laws it is in essence an FU America law.
If something is so important that you feel the need to post it on the internet... It probably isn't that important.
US protectionism = obviously a case of luddism and technophobia, it can only be business/government collusion
Elsewhere protectionism = obviously a case of sovereignty, it can only be an enlightened decision
Typical Slashdot
You only need one zero after the decimal point, anything more is superfluous.
It's more "FU people who think profit uber alles is the right way to do business" laws. That you identify that as uniquely American is pretty telling.
And Virginia, California, and Colorado are at the top of the "FU America Law".
I heard that Virginia once tried to break up the US and even went to war with them! How un-American they are.
No, protectionism is all about "profit uber alles", just not fer them damn ferner's. And Europe in particular is a little chauvinist in this regard.
The term "Unlauteres Wettbewerbsverhalten" does not mean "uncompetitive behavior"; it means "competition that violates good taste" or "competition that violates moral standards". A better translation might be "unfair competition".
http://de.wikipedia.org/wiki/U...
The though that Americans have that they can sets laws inside their own country is a clear case of American exceptionalism. They should just do what Europe tells them to do.
How so?
The rules in question here are questions of insurance, of proper training for drivers, of car maintenance... the same rules that cab drivers and companies in Germany have been following for many years.
How are these rules 'made to prevent US companies from gaining traction'?
Unless of course, having local law that everybody (local companies as well as US companies) have to follow is preventing US companies in your eyes. I mean, sure, they are not used to actually having to follow laws they don't like. It's real mean of European governments and regulators to actually check whether companies follow the law...
>it is in essence an FU America law.
Or... maybe an "Let's no become a corporate state."-law. A "Let's value privacy, data protection, social security, universal healthcare"-law. A "let's make sure, someone can live off their work"-law. And if a business can't find traction because of that, maybe it's a business with shitty practices and I don't weep a tear for it.
Even if the term actually meant "anti-competitive behavior", it would be accurate roughly in the sense that the "Ministry of Truth" has to do with truth and the "Ministry of Peace" has to do with peace.
Of course, the term "unlauterer Wettbewerb" doesn't even mean "anti-competitive behavior", it means something like "indecent competition" or "immoral competition". The best translation is probably "unfair competition", although that doesn't quite capture the emotional force of the term in German. Usually, companies accused of this behavior are too competitive, rather than anti-competitive.
But, hey, don't let facts get in the way of your ideology.
"...no legal entity (person, enterprise) is allowed to transfer passengers without having passed the relevant tests and having the appropriate insurance coverage."
Great! I'm going to use this line to keep from being the designated driver when my mates and I go out on Friday night.
If you look at the details of this laws you will realize, no one even knew about the unitied states when those laws where crafted. ... so we do actually know that that country exists. For you guys europe was long a myth, turning reality in WW I and more so in WW II and now you believe it is your 53rd state of the union. Hint: it is not.
You just where a backyard country 6000km ( cough cough 4000 miles) away over the atlantic ocean.
Granted, some of our grand parents brothers and sisters emigrated to there
Many people here in europe indeed have a FU america attitude, but that is against your country, your nation, your governement, your corporations (which Uber happens to be one) not against 'you'. Individual americans are very welcome here.
After all they are usually polite, educated and curious. Unlike the average american /. poster who thinks his country is the navel of the world and the world is rotating around that navel.
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
Germans have rules and regulations for everything. You can give two strangers a ride when you meet them at a party without problems but as soon as the state's koffers are affected you need the Personenbeförderungsgesetz. You can use illegally obtained evidence to convict tax evaders but the same court prohibits the use of dashcam recordings as evidence (because they violate some privacy law) if you want to take a traffic offender to court. Some logic there.... As Nietzsche said some 150 years ago: The state is the worst of all monsters - it claims to speak for the people - but it only speaks for itself.
The linked article lacks one important detail: The fine of up to 250,000€ is for each instance of breaking the injunction.
Sure, the first violation may only cost 2,000€. But that will go up for every violation. And you can bet your ass that the competitors will use the apps to check on Uber. And they will report any violation they find.
This isn't about protectionism.
This is about countries having laws and expecting everybody to follow them.
Sure, US companies are not used to do that, but that is a problem of the US, not of the other countries.
Germany has laws regulating persons and companies that want to be active in the transport business. These laws where not made to keep US companies out. The laws are a lot older than Uber. They are there to protect consumers and give them a certain amount of safety.
Ubers profits are not more important than everybodies safety.
down with uber! up with buggy whips!
Or how does that go?
"no legal entity (person, enterprise) is allowed to transfer passengers without having passed the relevant tests and having the appropriate insurance coverage"
Everyone has passed that, its called a "Drivers license" unless they just hand them out at the age of whatever in Germany. lol Everyone must get insurance so that's a given.
Jack of all trades,master of none
Taxis usually have to pay extra for insurance to cover for passenger lawsuits in case of accidents. They also have to pay enormous taxi licenses, pay income taxes Etc.
Uber drivers don't pay any of that because they exist outside of normal regulations. Uber likes to exist in that gray area and we know for sure they love to operate shadily, as seen recently.
It would be funny to see someone get in a car accident with a Uber driver and sue Uber for billions after finding out the driver doesn't have proper insurance. After all, it seems Uber only pays lip service to such things.
Airbnb is in a pretty similar situation.. These service sharing companies think they are smart but they are making the worst enemies of all by attacking government revenue streams! In my opinion, Uber would do well with legit taxi partners since their service is pretty good.
+1 Informative
The hype around Uber and the low prices is based on not paying for proper insurance, permits, qualifications or ensuring the maintenance of the cars. It's unfair competition by undermining businesses by purposely ignoring laws passed by the democratic will of the people.
It's called "anti-competitive dumping" and its purpose is to drive lawful services out of the market.
Tubby or not tubby. Fat is the question
but... but.. America! Hell Yeah!
They don't give a damn about the law, why would they give a damn about a court order. Fucking cowboys.
germans love cowboys. seriously, they're totally nuts over all native American/wild west culture stuff. I don't know why.
the relevant tests and having the appropriate insurance coverage
While I've never used Uber/Lyft, I'm hoping some of you have and can shed some light on it.
Have any of you actually asked for proof of insurance or a valid registration before getting into the car? Does Uber/Lyft do any checking to make sure that stuff hasn't expired?
One other question: If I'm getting a ride via Uber and we get in an accident, and I get hurt, regardless of who's fault it is, do I go after the Uber driver, Uber company or do I have to file my insurance claims against the other driver? I would hope that Uber would handle this form me so I can deal with a corporation and not two individuals (my driver and the other driver).
No, protectionism is all about "profit uber alles", just not fer them damn ferner's. And Europe in particular is a little chauvinist in this regard.
This is not about protectionism (of a market), but protectionism towards the cutomer, and thus NOT "profit uber alles".
I think, this critique against Uber is unfounded, sincer Uber only provides contacts and NOT transportation services. Perhaps Uber's only mistake is that it doesn't state this clear enough.
But there are laws and regulations for transportation services that are meant to protect the cutomer almost everywhere -- not only in Europe.
"Low prices" - what? Uber by all accounts is more expensive than traditional cabs.
Yes, its obvioue that laws regulating taxi services in Gemany have been in fact thought out to block business of american companies. And obviously, New York managed admirably to achive the same goal.
Assuming that protecting the transportation lobbies is a form of peoples democracy is absurd in itself.
I find it interesting how everyone emphasizes freedom of speech yet freedom to trade is heavily restricted but is not considered a basic human right. People should be free to trade with whoever they want, when they want, without the need to get permission from some higher authority. Why are we still living under the ecclesiastical guardianship of a hobbesian leviathanical kafkaesque dystopia? Whatever happened to the Enlightenment?
I'd be cautious about that. It was the US who spent their resources on guard duty so Europe could focus just on economic growth without having to worry about the bad people. Now that the US can't/won't/can't afford to police while Europe parties, Europe is going to have problems that can't be dealt with in a courtroom or a UN meeting. The Bear is scratching on the eastern door (that "sick man of Europe" seems to not be so ill these days), and Spain is in the sights to be a caliphate state.
Enjoy your prosperity and FU Amerika [sic] attitude while it lasts. The Yanks are likely not in a position to be saving you when the barbarians come, and your leaders are all "peace at any cost" Chamberlains, when you need Churchills at this point in time.
Not to say that the US is perfect, nor that the behavior of businesses is something to be lauded... but Europe and the US are dependent on each other. France saved the US in the 18'th century, the US returned the favor in the 20'th, and it might be that both sides will be having to band together again should the Pacific Rim go hot, or Russia decides it prefers the 1945 treaty over the current one and takes its chunk of Germany back.
Oh, and we Yanks know kilometers and metric units. Would be nice to finally ditch the Imperial system once and for all.
Tried the new Uber Buggy Whip service. I was picked up by my ride - and by "picked up", I mean harnessed to the front of a carriage and then whipped until I pulled the carriage where I wanted to go.
Cons: The whipping hurt and the carriage was heavy.
Pros: I lost 5 pounds and the bag of oats they strapped to my mouth were tasty.
Rating: 3 1/2 stars. Might use again to help shed those holiday pounds.
My sci-fi novel, Ghost Thief, is now available from Amazon.com.
Well a lot of these countries have rules that are made to prevent US companies from gaining traction there. Sure they hide it in terms of safety or something else the normal electorate can swallow but if you look at the details of the laws it is in essence an FU America law.
Utter bullshit.
These permits, insurances ect. are there to protect the customers of the taxi service.
If a Uber driver causes an accident, what will happen?
His private car insurance will not cover any damages he incurred while driving his car for profit, and it's very unlikely that he has the kind of money to pay damages for injuries out of his pocket.
I'm not so sure that's right. I'm certainly not equating the two here, but certainly there's a comparison to be made with e.g. Time4Popcorn.
Time4Popcorn effectively aims to play in the market of non-interactive entertainment delivery (films and TV series, mostly), but its developers - and certainly its users - have no interest in wanting to play by the existing rules (i.e. having to license the content at great cost, and only after spending weeks if not months of being unable to license it at all).
I don't think there's a great many people suggesting that it, and other such upsetting technologies, be required to play by the rules. If anything, they see these technologies as being instigators of having those rules changed, if not abandoned altogether.
I see Uber and the like as being in the same vein - and while Germany, London, whatever ends up 'banning' these services, I'm sure they realize that it's not going to stop then and there, and the rules will eventually have to be adjusted.
Now I can tell my nagging wife that she's no longer allowed to ride in das auto with me.
Hope is the currency of fools
I'm curious - what do we believe are the 51st and 52nd States?
As to the Germans not knowing about the USA when those laws were written, at the time you think you're talking about, the USA was a "continent spanning nation, and to us, all the domains of the Hapsburgs are but a small thing"....
"I do not agree with what you say, but I will defend to the death your right to say it"
Uber is big enough to bring their operations into complicance, if the laws are so unfair, they can afford lobbyists too.
They don't give a damn about the law, why would they give a damn about a court order. Fucking cowboys.
germans love cowboys. seriously, they're totally nuts over all native American/wild west culture stuff. I don't know why.
And Germans love David Hasselhoff!
Insurance and income tax I can understand. It'd be fine if the court allowed Uber to continue operating so long as it requires verifiable proof of insurance and discloses drivers' income to the government as contractor income to be claimed on whatever Germany calls its equivalent of IRS form 1099. But why the "enormous taxi licenses" on top of the income tax that's already due?
Like the USA forbidding (at first) the Concorde from landing in US airports because of noise levels? Somehow they didn't care about the noise levels before dropping their own supersonic program.
Our country our rules. If you don't like than you can go fuck yourself.
But, hey, don't let facts get in the way of your ideology.
Don't worry, we won't!
Because of the stories of "Karl May".
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
I wonder how many of those who are up in arms about letting services like Uber and Lyft market their services would allow commercial hardware and software companies to make changes to GPL licensed software without attribution or sharing their modified source code?
Or should Apple support my home built PC if I put OS X on it? If I paid for the OS, the vendor should support that, right? Why should I pay extra for their hardware...it's no different, right?
To me, it's simple - if you want to market your services, follow the established rules.
Go on, citizen, stamp the vote card. R or D, your choice.
Uber Black was their attempt to play by the rules (well, sort of) ... they only started to push POP after seeing that there's not really that much demand for the the service they offer with Black over here in Germany
51th Puerto Ricco (sp?) 52th Grenada or what ever actually is on your agenda.
Your continent wide 'empire' nevertheless had less humans than the 'Harbsburger domains' but nice that you know the name.
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
"This isn't about protectionism. This is about countries having laws and expecting everybody to follow them.'
Why cant it be both?
Good-bye
"Public sentiment toward the company turned abruptly negative after the unveiling of its phone app, which responds to car reservation requests by announcing, 'Die UberMenchen are coming to pick you up!,' and asking the customer to don a distinctive badge, so that they can be identified."
The german national anthem so begins:
Deutschland, Deutschland uber alles
uber alles in der Welt.
Now try singing it after blocking Uber...
Uber only provides contacts and NOT transportation services.
How do they get paid?
"When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
If you think Russia is irritated with current sanctions. Just wait until we ship the Germans 10,000 metric tons of pig iron and 1 metric ton of weapons grade.
Putin would piss himself in public.
John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
Somehow no matter how hard they try there is simply that Germanic compulsion to get everyone goose stepping in perfect order. The world changes and sometimes new ideas work better than older ideas. But the economics are such that any change hurts someone. Winning does not imply unfair competition. One excuse for a taxi commission has always been a need to know roads in a city. Now we have GPS and punching in the address routes the driver. On top of that we are about to eliminate human drivers anyway. Change is painful and when everything gets monetized there is a tendency to lock down any hope of change for the better.
Uber is really two different service providers. There's "Uber Black" that provides usually very nice black car services with professional drivers at 20-40% higher rates than a taxi - I love this personally and use it a ton when I travel. Then there's UberX which tries to do the same with random individuals who own a car for 20-40% lower rates than a taxi. These two services have almost nothing to do with each other, and its the second one that everyone basically has a problem with.
You're special forces then? That's great! I just love your olympics!
This applies for all taxicab companies, no matter their size. What Uber is doing is to make an end-run around those laws by offering taxicab rides from drivers who *don't* meet those requirements. Makes it easy to undercut people who do abide by the law eh? Sounds like unfair competition to me.
So how the hell is enforcing such laws "Socialist"?
And whoever decided this Anonymous Coward's drive-by comment qualifies as "insightful"?
But we're the only First World nation with European roots in centuries to elect a minority as a president--twice. Tell me, when do you think Britain will elect it's first Prime Minister of Pakistani or Indian descent? Or when Australia will elect an Aboriginal Prime Minister? Or Germany electing someone of Turkish origin? Or France with someone of Algerian ancestry?
Here's to hot beer, cold women, and Glaswegian kisses for all.
If you don't like the license requirements, then you should ask for all existing taxi drivers to be exempt from them
If a business license funds public oversight and infrastructure relevant to an industry, I'd agree that assessing it evenly across all businesses in that industry would be fair. For example, assess a taxi license on both Uber and traditional taxi service. Then the problem becomes setting the appropriate price. Governments and other monopolies have historically had a poor track record of setting an efficient price for a service, and Anonymous Coward #47808633 called the existing price "enormous". So it makes sense to set the taxi license at or near cost, which raises a question: What public costs are directly related to taxi service?
Two points here. First, it is über, not uber in the anthem. Second, only neonazis sing the first verse.
"It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
Is carpooling illegal in Germany? If not and I make an app that lets people meet others going the same place and also provides an escrow service to share gas costs is this illegal? I'm honestly curious where people think the line is here.
Neeeeiinn!! Ueber Anarchy lieben mussen! Ah, warten Sie,..Ubeeerrr!
He wrote nice westerns while in prison, never even set a foot on Amerika himself.
Actually in Germany the insurance *will* cover any damages, but it may try to recover the payment from the driver. Which seems perfectly reasonable to me. Of course drivers should pick the right insurance, just like I pay a bit extra to be able to use my car for normal business travel (not transportation).
it is über, not uber in the anthem.
Oh, right, because the name Uber is not influenced by the German "über" preposition/prefix in any way, and neither is the colloquial usage of uber-, as in "ubergeek". Must be pure coincidence.
(Where I'm from, we also use the über prefix for words like übergeek. It's not really that hard to spell or pronounce, but I guess for truly international usage you need to fall back to ASCII.)
Escher was the first MC and Giger invented the HR department.
And surprise, surprise, it looks like Uber and New York aren't playing nicely ...
http://betabeat.com/2014/04/now-its-uber-in-attorney-generals-sights/
This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
It is a bit borderline, but I don't think it is illegal. The difference is that car pooling is not for profit. Even if you are nice and pay for it, it is typically just a contribution to the cost.
and fuck the insurance companies.
he was responding to this...
"(it might be, that some of these points don't apply to US cabs as well, here they don't)"
At least bother to read the conversation if you are going to jump in and be an asshat.
Recently in your country they were stuffing human beings in ovens and making lamp shades out of their skin. Take your high horse and shove your head up its ass.
You do an excellent job of demonstrating your very-American mastery of arrogant over-generalizations. (What is particularly amusing is that you are German). Like most Americans, I am deeply upset by what has become of our government (perhaps you have some parts of your own history to which you can relate), and corporatism is a disease that the whole world must solve. But that doesn't change the fact that the only single reason you live in such an enlightened, prosperous nation and *IS* the United States of America and its dedication of resources to the security and democracy of your nation. I despise nationalism, but you ought to learn some manners.
Because the laws were in place long before Uber even existed?
For example, in NYC taxi drivers have to fork over something like $600K / year for their taxi rights (and that was like 10 years ago). That's a pretty big cost right there that Uber taxis get away without paying. Most if not all cities in North America have this kind of license fee (but less than NYC, no doubt). Presumably in Europe too.
Interesting details here: http://www.ehow.com/info_8620636_much-cab-driver-new-york.html
No, protectionism is all about "profit uber alles", just not fer them damn ferner's. And Europe in particular is a little chauvinist in this regard.
This is not about protectionism (of a market), but protectionism towards the cutomer, and thus NOT "profit uber alles".
I think, this critique against Uber is unfounded, sincer Uber only provides contacts and NOT transportation services. Perhaps Uber's only mistake is that it doesn't state this clear enough.
But there are laws and regulations for transportation services that are meant to protect the cutomer almost everywhere -- not only in Europe.
As Uber provide the booking mechanism for the ride, facilitate the ride and take a percentage of the ride they most definitely DO provide transportation services, the fact that they contract out the drivers doesn't make them less of a transportation service.
"I see Uber and the like as being in the same vein - and while Germany, London, whatever ends up 'banning' these services, I'm sure they realize that it's not going to stop then and there, and the rules will eventually have to be adjusted."
The thing is, in Europe the taxi system usually works really well. The majority of people don't want those rules to be changed. You are right offcourse on how new distruptive technology or ideas will eventually result in rules being changed, but we had uber-like unregulated taxis before, and didn't like them, so we regulated them. Our system is working. Uber may replace the crappy taxi service in US al lthey want. If we want our taxis regulated uber either becomes regulated and plays by the rules or doesn't play at all.
Because we have a thing called "society". We heve deemed it a good thing to have common rules regarding some (almost all) things. Majority of the people don't want to have to check themselves if the taxi they called actually knows where he is going, or has a drivers license. Majority of the people don't want to have to wonder if the food they just bought is edible or not. We have laws and regulations to make everyday life easier and less risky. Yes, it slows down some things and might feel a bit tedious when you have to comply with all the regulation, but in the end that's how we as a society want it to be.
Also, Germany restricts some forms of speech more than US. Europe in general doesn't think it's as big of a thing you make it to be. Even the US doesn't have total freedom of speech (you can figure this one out yourself, some speech is forbidden by law)
For example, in NYC taxi drivers have to fork over something like $600K / year for their taxi rights
But why do local governments assess this tax? For what taxi-related city services does it pay?
I only try to adapt to the level of manners and arrogance and generalization we usually see here :D
Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
We will see more of these battles in the future. New modern internet-based "informal" / "hobby" alternatives competing with established companies who are used to play on "legal markets".
We already saw it in entertainment and publishing with "hobby file sharing" vs. "rights holders" battle still ongoing. - "Aaargh... They're Pirates!! Get them!"
We have hobby news-reporters and entertainers (bloggers) v.s. established media. - "Internet Hate!! Regulate it, censor it!!"
Who knows what branch of business will be next...
Who do you think lobbied to get those laws instated..? Could it have been the established companies in their respective market..?
They will always find a suitable noble argument for the politics they lobby for, but the main drive to get such laws instated is very rarely anything else than making damn sure we keep making good money...
The most rediculous example of finding excuses nowadays is publishing businesses pushing for internet censorship based on the outrageous lie that child porn would be spread in the open on the internet. So they can get the govt to give them power to censor out blogs which people are reading nowadays.
The UK has the same rules - must have a passenger license and must have insurance.
Uber complied with those rules and would do in Germany too. This is anticompetitive behaviour and will get slapped down by the EU.
That still doesn't tell me why "the right to operate the cab" itself, as symbolized by a medallion, needs to be made artificially scarce in the first place.
I'd have thought a free marketeer like yourself would prefer the latter.
Georgists are free marketeers with respect to capital and labor resources but socialists with respect to land resources. Taxi over-provision is overuse of a land resource.
As I said earlier, imagine it more like owning a shop on a busy street.
Such an owner would have to pay property tax. Likewise, medallion owners in effect own a share of the value of the land on which roads are built. But what property tax do medallion owners pay?
Uber is not innovative, using an app instead of a phone to tap into a 'grey' market for transporting people is NOT innovative.