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Indian Woman Sues Uber In the US Over Alleged New Delhi Taxi Rape

"Uber has been the subject of controversy all around the globe," notes new submitter yuetteasvy (3999351), who supplies this story from Reuters about one of the reasons for that controversy: An Indian woman who says she was raped by an Uber driver while she was traveling in his cab in December is suing the San Francisco–based online firm in a U.S. federal court in California, claiming it failed to put in place basic safety procedures while running its car service in India. In her lawsuit, filed on Thursday, the New Delhi woman called the app-based service the "modern day equivalent of electronic hitchhiking." The unidentified plaintiff also calls for Uber to overhaul its safety practices, and seeks unspecified damages in the case, according to Reuters. The news agency quoted Uber as saying that it's "deepest sympathies remain with the victim of this horrific crime." Earlier, the woman was reported to have enlisted the services of Douglas Wigdor, a high-profile U.S. lawyer who represented Nafissatou Diallo, the New York City hotel maid who accused the former International Monetary Fund managing director Dominique Strauss-Kahn of sexual assault. Prosecutors from the Manhattan district attorney's office went on to drop all charges against Strauss-Kahn, while a civil suit was settled out of court.

277 comments

  1. Only a matter of time... by inflamed · · Score: 1, Insightful

    Rape is infuriatingly common in our world, while reporting and/or prosecution for the offense are comparitively rare. So, this probably isn't the first time this has happened. For the survivor's sake and for the sake of setting a precedent (Uber must find a way to stop this from happening), I hope the lawsuit is successful.

    1. Re:Only a matter of time... by inflamed · · Score: 1

      *comparatively

    2. Re:Only a matter of time... by Anonymous Coward · · Score: 1

      And how the fuck would you suggest that Uber "find a way to stop this from happening?"

    3. Re:Only a matter of time... by Anonymous Coward · · Score: 0

      Do proper background checks to ensure criminals and rapists are not being hired?

    4. Re:Only a matter of time... by bloodhawk · · Score: 1

      you can't completely stop it, but you can enforce proper background checks and screening. In many countries this is actually mandatory for taxis and hire cars.

    5. Re:Only a matter of time... by Aighearach · · Score: 2

      They brag about their super-awesome insurance, one real thing this case will do is test that.

      If the insurance is so great, they'll pay her claim without going to trial.

      If they fight it, or the insurance won't cover it, then they can shut up about that one.

    6. Re:Only a matter of time... by Anonymous Coward · · Score: 0

      No. That's why he said you can't completely stop it.

      Something doesn't have to be 100% effective to be worth doing.

    7. Re:Only a matter of time... by Luckyo · · Score: 2

      The entire concept of taxi regulations is intended to provide notable background checks as preventative measure and knowledge of who drivers are so if they do break the law they will know that police will know who they are.

      Uber's entire business model is about saying "all these taxi regulations are unnecessary". So cases like these are important because they remind lawmakers of one of the more important reasons why taxi regulations were put in place originally.

    8. Re:Only a matter of time... by bloodhawk · · Score: 1

      of course not. can't stop crime 100% either, lets ditch police and the laws. can't guarantee 100% some prisoners won't escape lets release everyone from jail. can't guarantee other countries won't manage to kill a few citizens if they attack lets abandon having a military.

    9. Re:Only a matter of time... by plopez · · Score: 1

      "If the insurance is so great, they'll pay her claim without going to trial."

      It would be much better to have preventative measure in place in the first place.

      --
      putting the 'B' in LGBTQ+
    10. Re:Only a matter of time... by ShanghaiBill · · Score: 2

      Do proper background checks to ensure criminals and rapists are not being hired?

      Did they fail to do that in this case? Neither the linked article, nor anything else I have read about this case, says anything about the driver having a prior criminal record.

    11. Re: Only a matter of time... by Anonymous Coward · · Score: 1

      Yes, he did have a criminal history and had another rape case going on against him.

    12. Re: Only a matter of time... by Anonymous Coward · · Score: 2, Insightful

      And yet the state by releasing him seems to have thought he wasn't much of a danger.

      Of course the state won't pay anything for its mistake, being immune from most lawsuits.

      Uber on the other hand has money, so they're the target whether they're responsible or not.

    13. Re:Only a matter of time... by Aighearach · · Score: 1

      I don't know the details of how drivers in India are screened, and probably there isn't enough transparency to even try to know that. That said, it is impossible to have fully effective preventative measures. It doesn't exist, so it can't be put in place. Even if you put a military squad guarding each car, there would still be some non-zero rate of rapes.

      What they can do is to do the same checks that taxis do, so that everybody knows they didn't do it wrong. That is the best they can do, is follow the system so if a rape happens depends on the community and the system of checks, not on which taxi or car service was used. It doesn't do any good to promise their system is just as good, either, because they're a private business and users don't have access to their offices, procedures, etc in order to know. Their duty is to make themselves not be a factor that contributes, or appears to contribute, to criminality, and the only possible way for them to give that reassurance to a community is by following regular taxi rules and having the drivers go through normal procedures in each jurisdiction. That is the only way to disconnect their behavior from the crimes, since they know going in that crimes will happen in vehicles while they are actively in use for their service.

    14. Re: Only a matter of time... by Anonymous Coward · · Score: 5, Insightful

      And yet the state by releasing him seems to have thought he wasn't much of a danger.

      The state has very very limited powers. Democratic states like India cannot just lock people up because they feel like it. The principle of "innocent until proven guilty" means that there should be quite a few dangerous people out there. That is the reason why taxi companies and other jobs with responsibilities are regulated and require background checks.

      The wierd way that people complain about the state not protcecting them at the same time as trying to talk away all regulation power from the state shows some kind of really strong mental dissonance.

    15. Re:Only a matter of time... by jopsen · · Score: 1, Insightful

      Do proper background checks to ensure criminals and rapists are not being hired?

      Because criminals doesn't deserve a second chance... Note, in many countries it's illegal to ask for a criminal records when hiring, and if you're stupid enough to ask anyways many people have unions ready to sue on their behalf.

      Either way, why doesn't this case belong in criminal court in India, I'm sure Uber would share: identity of the driver, timestamps, location data, etc. with authorities...


      I suspect that this is more a case of frustration with how the Indian authorities handles rape cases.

    16. Re: Only a matter of time... by jopsen · · Score: 3, Insightful

      The principle of "innocent until proven guilty" means that there should be quite a few dangerous people out there.

      And if you refuse to hire people because of supposedly baseless accusations made against them, you can get sued for that too!

      Why should it be okay for employers to consider applicants guilty until proven otherwise?

    17. Re:Only a matter of time... by Anonymous Coward · · Score: 0

      In most countries it is COMPULSORY to check for criminal history when engaging people to work in jobs such as taxis and hire vehicles.

    18. Re:Only a matter of time... by davester666 · · Score: 5, Funny

      uber isn't a taxi service

      it's a ride-sharing service

      by that, they mean, a person with a car, who doesn't have any interest in driving to point A or point B, drives to point A, picks up one or more people they don't know, and drives them to point B for money. But only can be paid by credit cards. And everything is arranged over the internet.

      See. Completely different from a taxi service.

      --
      Sleep your way to a whiter smile...date a dentist!
    19. Re: Only a matter of time... by Knuckles · · Score: 5, Informative

      Bullshit. The real problem is that women aren't treated like human beings in India. That is why so many rape cases get dismissed and why it is perfectly legal for a husband to rape his wife there.

      It was legal in most Western states until roughly the 1980ies/90ies.
      The Soviet Union made it illegal in 1922.
      https://en.wikipedia.org/wiki/...

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    20. Re:Only a matter of time... by gnupun · · Score: 2

      See. Completely different from a taxi service.

      What additional regulations would Uber face if they admitted they were a taxi service?

      IMO, a ride-sharing service would be something like a stranger, X, would drive another stranger, Y, from point A to B. In return, Y would get a ride from point M to N from yet another stranger, Z. No money would change hands between driver and passenger -- they are sharing rides only.

    21. Re:Only a matter of time... by Anonymous Coward · · Score: 0

      Well, yes, you need to prove guilt and if you have no evidence other than the countering calls of two different people, then you're not going to be able to prove guilt.

      And how the hell are there ANY rapes going un-reported? If I'd been mugged, even though I know nothing can be found out about it, I'd still report it.

      So what evidence is there that ACTUAL RAPE goes un-reported?

    22. Re:Only a matter of time... by EzInKy · · Score: 1

      How about self regulation? This isn't simple fleecing of riders we are talking about here, this is rape! So just what is Uber and the other ride "sharing" companies doing to ensure their drivers will not rape their riders anyway?

      --
      Time is what keeps everything from happening all at once.
    23. Re:Only a matter of time... by EzInKy · · Score: 0

      Because criminals doesn't deserve a second chance...

      No, rapists should not be given a chance to rape again.

      --
      Time is what keeps everything from happening all at once.
    24. Re:Only a matter of time... by fnj · · Score: 2

      NOBODY should be given a chance to rape the FIRST TIME! Castrate everybody at birth!

    25. Re:Only a matter of time... by Anonymous Coward · · Score: 0

      Misuse of the word rape is infuriatingly common in our world

      Fixed that for you.

      Note, I am not alleging that no rape occurred here. I am only saying that, in a world where people equate gods-damned whispering to rape , you've got an up-hill battle convincing people like me that the forceful penetration of a woman's vagina has actually occurred.

      Rape is horrible. Please do not do actual victims of it a disservice by using the word to refer to things that are not rape.

    26. Re: Only a matter of time... by misexistentialist · · Score: 1

      yup took that long for those societies to go full retard

    27. Re: Only a matter of time... by tandavanadesan · · Score: 0

      Hey is that you Harriet Harman?

    28. Re:Only a matter of time... by Pax681 · · Score: 1

      And how the fuck would you suggest that Uber "find a way to stop this from happening?"

      Oh.. say they have to go through the same checks that licensed taxi drivers go through.
      In Scotland that includes criminal records checks.
      .. simple really

    29. Re:Only a matter of time... by Paradise+Pete · · Score: 1

      it's a ride-sharing service

      by that, they mean, a person with a car, who doesn't have any interest in driving to point A or point B, drives to point A, picks up one or more people they don't know, and drives them to point B for money.

      Those two notions are not in agreement.

    30. Re:Only a matter of time... by Paradise+Pete · · Score: 1

      Well, upon closer reading, please allow me to give myself a preemptive whoosh.

    31. Re: Only a matter of time... by Anonymous Coward · · Score: 0

      In India, people as high up as the President had commuted not just death sentences, but also prison terms. Also, in India, if someone commits a crime in one state, that record doesn't reflect in another state. So Uber would have had to do a nationwide background check in all 25 states before it could hire somebody. Multiply that w/ the number of cities and drivers who might volunteer, and it would be simply unprofitable for Uber to do business in India.

    32. Re: Only a matter of time... by Anonymous Coward · · Score: 1

      Not in India, though. You can openly discriminate against people on a variety of criteria, such as age (I've been bluntly told that since I'm above 40, I wouldn't be considered for certain jobs). Criminal record is the easiest to discriminate on, even baseless accusations. That may be a problem in the West, but not here.

    33. Re: Only a matter of time... by unixisc · · Score: 1

      It's not legal to rape one's wife - India is not an Islamic country - it's just that in India, it's way too easy for criminals to go free, and tough to get hold of their real criminal records, particularly across states.

    34. Re:Only a matter of time... by unixisc · · Score: 1

      Cool! That way, after a generation, the earth's human population would be extinct, and then nobody would be there to bother about global warming

    35. Re:Only a matter of time... by unixisc · · Score: 1

      Uh, no. For instance, if I were a Uber driver, I could be sitting at home, until I got a Uber notification on my phone. If I accepted, I'd then have to drive to where the passenger would be, pick him up at point A, and take him to point B. I wouldn't be going to point B myself if he weren't around and asking me to go there, so that way, it's no different.

      Ride sharing is - I'm going to Costco, one of my neighbors asks me if I could take him as well, we both do our shopping, and return together. He tips me for gas.

      The thing that's different about Uber is that you don't have to carry your wallet w/ you, or tip the driver. Let's say you were strolling in the park, wanted to visit your friend on the other side of town, but didn't have your wallet w/ you, and didn't wanna go home to pick it up. So you call Uber, a driver comes, picks you up & takes you there, and the payment is taken care of in the back end by Uber. The driver only deals w/ Uber, never w/ the passenger as far as money transactions go, and so does the passenger. Which takes out all the haggling, and makes at least the ride part of it pleasant.

    36. Re:Only a matter of time... by unixisc · · Score: 1

      Hire only female drivers?

    37. Re: Only a matter of time... by nbauman · · Score: 1

      The principle of "innocent until proven guilty" means that there should be quite a few dangerous people out there.

      And if you refuse to hire people because of supposedly baseless accusations made against them, you can get sued for that too!

      Why should it be okay for employers to consider applicants guilty until proven otherwise?

      There are different levels of evidence for different purposes.

      Convicting someone of a crime in the U.S. requires the highest level of evidence: proof beyond a reasonable doubt.

      Suing somebody for damages in civil courts requires a lower level of evidence: a preponderance of evidence (more than 50%). That's why people (like O.J. Simpson) who are acquitted of a crime can lose a civil suit against them for damages.

      Hiring somebody for a job in the U.S. requires the lowest level of evidence of all: employment at will. An employer can say, "That guy just doesn't seem right. I have a bad feeling about him. I don't want to hire him." And there's nothing the job applicants can do about it. The only exceptions are categories specifically prohibited by law, like race, gender, and age.

      An employer would have a right to reject someone for a job where he has to meet the public if he's been arrested for rape. There may be rare exceptions but I can't imagine what they would be.

    38. Re:Only a matter of time... by houghi · · Score: 1

      The tyhing is that that would not work as rape is more about power then about sex. Also people who can't be castrated (women) do rape.

      --
      Don't fight for your country, if your country does not fight for you.
    39. Re: Only a matter of time... by Anonymous Coward · · Score: 0

      Democratic states like India cannot just lock people up because they feel like it.

      Maybe they should model themselves after nondemocratic states like USA, where people get locked up because the state feels like it all the time.

    40. Re: Only a matter of time... by ShanghaiBill · · Score: 1

      Yes, he did have a criminal history and had another rape case going on against him.

      What is your source for that information?

    41. Re: Only a matter of time... by sabri · · Score: 1

      The real problem is that women aren't treated like human beings in India.

      And you think a federal lawsuit in the U.S. is going to fix that?

      The alleged victim wants nothing but cold hard cash from a U.S. company, and so does the no-cure-no-pay attorney.

      --
      I'm not a complete idiot... Some parts are missing.
    42. Re: Only a matter of time... by Anonymous Coward · · Score: 0
    43. Re: Only a matter of time... by Anonymous Coward · · Score: 0

      It was legal in most Western states until roughly the 1980ies/90ies.

      Did you even look at the Wikipedia article? It says nothing to support your fabricated claims and everything to support my factual statement.

      Besides, it is utterly irrelevant what happened in Russia nearly a century ago, we are talking about now. I suppose you'd handwave modern day legal slavery because it was once legal in the US too.

    44. Re: Only a matter of time... by Anonymous Coward · · Score: 0

      Who said anything about a lawsuit fixing legal rape in India? It certainly wasn't me. Try not putting words into other people's mouths, dipshit.

      Unbelievable! Who would have thought so many people on Slashdot would actually support rape? I guess that's the only way guys like you can ever get laid.

    45. Re: Only a matter of time... by Knuckles · · Score: 1

      Did you even look at the Wikipedia article? It says nothing to support your fabricated claims and everything to support my factual statement.

      Marital rape was made illegal by law in:

      Australia: 1981-92
      Canada: 1983
      New Zealand: 1985
      Austria: 1989
      Switzerland: 1992
      Spain: 1992
      France: 1994
      Germany: 1997
      Netherlands: 1991
      US: mid 70ies - 1993 but to this day in some states marital rape is treated more lenient.

      So STFU

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    46. Re:Only a matter of time... by Anonymous Coward · · Score: 0

      Note quite. Uber lets you get a ride anywhere (in their service areas), even places you could wait all day and not see a single cab. Ever tried calling a cab/limo company in the pre-Uber era? You end up waiting forever, and sometimes they don't even show. And then your ride is way more expensive.

      I find Uber drivers to be a lot more professional than most of the NYC cab drivers I've experienced. The feedback system is a lot better than 311 for keeping drivers in-line. No futzing about with "broken" credit card readers or cabbies yelling at you about tips, etc. They just know if they try to pull things on customers their rating will drop below 4.7 and then they can't drive anymore. And I assume it keeps the riders well-behaved as well (I only have experience with myself in this regard), because they are similarly rated.

      The "are taxi regulations necessary?" debate is one worth having, but I think it oversimplifies things quite a bit and is somewhat disingenuous to say that's the only difference between Uber and taxis.

    47. Re:Only a matter of time... by Anonymous Coward · · Score: 0

      ..or we have a ton of spurious accusations, now, due to the lack of burden of proof and/or lack of consequences for false statements. Why not run around accusing famous people of rape, right? Maybe she'd get a few million out of a settlement. Hate someone over some trivial conflict? Just accuse him of rape and watch as society knee-jerks his life into the shitter.

      Of course, this article concerns india, not the western world, so it could be that rape is quite common there. I don't see how uber could guarantee safety any better than the state-run services could. If the driver really did assault her, then the buck stops there. Blame chain games only lead to tyranny.

    48. Re:Only a matter of time... by Anonymous Coward · · Score: 0

      In the UK, BlaBlaCar is the big name in ridesharing, and it's proper, honest ride-sharing. They limits the charges to below the cost of petrol so that the driver can't profit, only reduce costs. Because they know they'll get shut down otherwise. What is it with the US government letting companies get away with rewriting English so much? When the car manufacturers wanted to dodge vehicle taxes, they invented the term "sports utility vehicles" to pretend a family car was a truck. Crazy.

    49. Re: Only a matter of time... by Anonymous Coward · · Score: 0

      The Wikipedia article says nothing of the sort, so citation needed.

      Also watch your fucking mouth when you speak to me, boy.

    50. Re: Only a matter of time... by Knuckles · · Score: 1

      The Wikipedia article says nothing of the sort, so citation needed.

      Also watch your fucking mouth when you speak to me, boy.

      Learn to read, moron.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    51. Re:Only a matter of time... by Anonymous Coward · · Score: 0

      Uber is a pirating, anarchistic, scum-sucking parasite, period. They use infrastructure that taxpayers pay for, but don't pay certain local taxes; they simply "decide" to do commercial lift service w/o getting the necessary licenses, etc. etc.; they put hard-working taxi drivers (who pay FEES to drive) out of work; they create a tragedy of the commons, where there will eventualy be a race to the bottom for drivers (because ANYONE who qualifies can work for Uber - and as we have already seen, it doesn't take much to qualify!). btw, never mind the corrupt politicians whose pockets Uber lines, in order to let Uber get away with their scam.

      I hope 1) that this woman wins the lawsuit; and 2) more importantly, that this poor-excuse for an "innovative" company ends belly-up one day, with every one of its founders and VC investors left without a dime to their name, so THEY have to think about something like driving a taxi to pay the bills.

    52. Re: Only a matter of time... by Anonymous Coward · · Score: 0

      Go suck a cock, faggot. I could easily beat the shit out of a rape supporter like you.

    53. Re: Only a matter of time... by Knuckles · · Score: 1

      Go suck a cock, faggot. I could easily beat the shit out of a rape supporter like you.

      WTF, rape supporter?????

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    54. Re: Only a matter of time... by Anonymous Coward · · Score: 0

      hmmm...

      in the state of Minnesota they have a policy which detains convicted child molesters indefinitely. Im not sure i agree with it per say, and im not sure HOW they get away with it... but they do.

      http://mn.gov/dhs/people-we-serve/adults/services/sex-offender-treatment/

    55. Re: Only a matter of time... by Anonymous Coward · · Score: 0

      Who said anything about a lawsuit fixing legal rape in India? It certainly wasn't me. Try not putting words into other people's mouths, dipshit.

      Unbelievable! Who would have thought so many people on Slashdot would actually support rape? I guess that's the only way guys like you can ever get laid.

      You're a first class idiot. Uber did not rape that woman, nor does it support rape. The fact that someone objects to a gold-digger abusing the US court system, does not mean that he or she approves of rape either. Moron.

    56. Re:Only a matter of time... by ichbinglitched · · Score: 1

      and then the female drivers get targeted/raped/assaulted/robbed because the company doesn't do background checks on the customers.

    57. Re:Only a matter of time... by davydagger · · Score: 1
      As much as I agree with the premise, that rape is common, and prosecution not, and that needs to change, this law suit is frivolous.

      1. Jurisdiction. You're suing an American company in America for what happened in another country. If this law suit was in India, against Uber's Indian subsidiary I'd be more sympathetic
      2. India has problems with rape, that at least what I get from reading American news, is even worse than American rape culture. It would be entirely out of line for an American company to try and effect change in India. India has to address rape culture on its own.
      3. What exactly do you want them to do. Background checks against rapists are fairly sketchy because rape is undereported and convictions hard. i.e. most rapists don't get convicted.

      India has a notable rape problem as a whole(so does the US to a degree), and there is no unilateral action that you can demand of Uber that will fix that.

    58. Re: Only a matter of time... by davydagger · · Score: 1

      The principle of "innocent until proven guilty" means that there should be quite a few dangerous people out there

      This is a bit of a false dichotomy. Democratic law enforcement does not hinder the overall quality of law enforcement. Just look at the US, where over the last 30 years, all liberal protections of law have been more or less whittled away to optional, has done little to keep criminals off the streets. Guilty until proven innocent prevents false convictions, which actually helps keeping dangerous people off the streets, because a false conviction closes the case and lets a guilty man walk free(in addition to incarcerating an innocent one).

      Even if it did work like this, its a small price to pay to keep institutionalized abusive behavior from happening, if the price is only a handful of petty crimes. Or think about it this way. The police shoot and kill more people every year that all spree shooters did between 1985 and 2015. Most of the really bad abuse behavior done in the USA is done by policians, cops, corporations and their representatives, and other authority figures.

      The wierd way that people complain about the state not protcecting them at the same time as trying to talk away all regulation power from the state shows some kind of really strong mental dissonance.

      I think the wierd way you confuse "unlimited police powers", with "unlimited police abilities", as if people complaining about police abuse don't want the police to do their legtimate jobs. So your point is a strawman.

    59. Re: Only a matter of time... by davydagger · · Score: 1

      while correct, and terrible, your point also does not add to the argument. The point is, that right now, India has some pretty big gender issues that even the US doesn't have, and you can't sue Uber because another India has terrible womans rights.

    60. Re: Only a matter of time... by davydagger · · Score: 1

      says the homophobe.

    61. Re:Only a matter of time... by stoatwblr · · Score: 1

      In the UK, Uber is a private hire car service (aka "minicabs")

      Drivers need private hire licenses and to get those they must pass criminal checks.

      Same applies in a bunch of other countries.

    62. Re:Only a matter of time... by davester666 · · Score: 1

      Yeah, but they didn't start off with doing that. They had to be forced into doing it.

      They could go for following the rules and regulations, but they prefer higher profit margins instead of doing so.

      I don't understand why they aren't getting massive fines and jailtime already. Across multiple countries, they are telling governments "yeah, sure, we aren't following your regulations, but we'll keep doing it while we work with you to rewrite the regulations to our liking".

      I guess next up is UberDrugs.

      --
      Sleep your way to a whiter smile...date a dentist!
    63. Re: Only a matter of time... by Knuckles · · Score: 1

      I just sensed come cultural superiority in that post, and wanted to add the info that the West was very bad in this regard until very recently as well for the benefit of my younger readers :)

      I agree with your reply re the gender issues but would expect that the woman has legal standing in the US against Uber. Else she can't sue anyway

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    64. Re: Only a matter of time... by david_thornley · · Score: 1

      The reason Minnesota gets away with it is that it's law, and it takes a long time to overturn one. Last I looked, a Federal court was asking Minnesota to show cause why the Federal court shouldn't strike the law down and order the release of everybody detained under the law. The Federal court noted that the Minnesota system wasn't providing good therapy, and the release rate under the program was very low. (Apparently, indefinite detention could be justified if the inmates received therapy that was expected to lead to release at some point, probably under the same rules as involuntary psychiatric commitment.)

      I read about one case in which a European country refused to extradite an accused child molester to Minnesota, because of that law.

      I don't expect the law to be considered Constitutional in the end, but it could be in the Federal court system a while longer.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    65. Re: Only a matter of time... by davydagger · · Score: 1

      I agree with your reply re the gender issues but would expect that the woman has legal standing in the US against Uber.

      If that is the case, it sets a far more oppressive, culture superiority, dangerous precident than the combined rape cultures of the worst in India in history and the worst in the US/West in history combined:

      The supremecy of US law, everywhere in the world, world wide, just because.

      I hope this women does get some recourse, and rape culture world wide is tackled, but the precedent this case will set if she wins is a whole new level of dangerous.

    66. Re: Only a matter of time... by Knuckles · · Score: 1

      Maybe Uber simply put in the terms and conditions that US laws applies, place of jurisdiction is US, or something like this. Or the woman knows she has no standing and figures maybe they settle to avoid the bad press. Or whatever.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    67. Re: Only a matter of time... by davydagger · · Score: 1

      Maybe Uber simply put in the terms and conditions that US laws applies, place of jurisdiction is US

      which may or may not be valid in a foreign country. But think about how orwiellian that is if using a product of a local company that is a subsidiary of a gloabl corporation is beholden to the rules of the parent company's home nation.

      thats even more scary than rape culture.

    68. Re: Only a matter of time... by Knuckles · · Score: 1

      Uber is very scary. But defining a jurisdiction in the conditions is pretty common.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
  2. Free Market at Work by Anonymous Coward · · Score: 1

    Rubio, state lawmakers push for deregulation of taxi industry (in Florida) Honestly, we all saw this coming a mile away. Taxi companies in general don't exactly have the most stellar reputation and it's quite possible for people to fake being a taxi but even easier to fake being an Uber driver. The whole situation will likely be used by both political sides for their own petty interests and not focus on the woman's situation.

    Meanwhile, I don't think the woman is actually too interested in justice or anything but is interested in money from Uber as it's quite insane to hold the stance that there's any level of safety precautions that Uber could take to prevent a would be rapist to become any form of a taxi driver (as if that's the only means to get women alone and rape them). That isn't to say I think Uber does a great job at verifying people, but 99% of companies follow the same shit standards on claims they make. It's just that most people aren't raped as a result and can't use that emotional leverage to funnel money out of a company. None of that, of course, does anything to resolve things because then it becomes "business as usual" to pay off people for all sorts of claims--and I'm not at all talking about just Uber, as this is an epidemic problem.

    Want to see real change and justice? Talk to the actual owners of Uber and see if you can convince them to make a better company. It probably wouldn't have stopped the lady's rape, but it will at least make you feel better that Uber might actually try.

    1. Re:Free Market at Work by Anonymous Coward · · Score: 0

      That isn't to say I think Uber does a great job at verifying people, but 99% of companies follow the same shit standards on claims they make

      If only there was some entity more powerful than Uber we could appeal to... one we had some say in how it was applying its power. Possibly, that entity could come up with some kinda regulations for services that give people rides, to ensure public safety.

    2. Re:Free Market at Work by plopez · · Score: 1

      "Talk to the actual owners of Uber and see if you can convince them to make a better company"

      Hahahahahahahahah that's a good one.

      --
      putting the 'B' in LGBTQ+
    3. Re:Free Market at Work by Anonymous Coward · · Score: 0

      If only there was some entity more powerful than Uber we could appeal to... one we had some say in how it was applying its power. Possibly, that entity could come up with some kinda regulations for services that give people rides, to ensure public safety.

      The whole situation will likely be used by both political sides for their own petty interests and not focus on the woman's situation.

      Called it, didn't I? Honestly, we already have regulation and outright laws against rape, and yet rape still happens. Clearly the issue isn't per se that we lack regulations or laws. It's that companies choose to ignore them, follow them in some literal interpretation that allows them to technically follow them while violating their spirit, or to often be the ones who write the laws and have them written more to keep outsiders out--the whole situation with Uber is like this with extant taxi services.

      Meanwhile, the fact that there are rapist taxi drivers that aren't Uber drivers zooms right by. Right, it was the lack of regulation or that it wasn't being followed well enough! It couldn't just be that would be rapists exist that finally rape for which no amount of pre-cognition is going to save you. There was an interesting bit, in fact, recently about how much police are so heavy on preventive crime that they often lose focus on extant cases (because detective work is boring, dirty, gritty stuff and Minority Report stuff is cool--and it sells better to the public) which makes me wonder just how much the current situation with the crime rate being down has to do with the police underreporting stuff or otherwise being unresponsive resulting in a public just not turning to the police at all.

      In any case, the major points to bring home are (1) rape happens and spinning it to be an Uber/regulation/whatever thing is bullshit and (2) it's the companies themselves through their owners/leadership that have to change to see companies that focus on doing good (which honestly, is only tangently related to this case at best) and not some belief you can bribe or beat or regulate/deregulate your way towards people doing good things. A carrot and stick are there merely to limit the negative extremes and motivate some positives but even extreme micromanagement--which few people want--would be enough to make Uber or any company a positive-focused company. And that's, more or less, the real overreaching problem that lawsuits, like this, don't address.

    4. Re:Free Market at Work by drsmithy · · Score: 1
      Want to see real change and justice? Talk to the actual owners of Uber and see if you can convince them to make a better company.

      Uber is run by libertarian psychopaths. Their thought process - though they would obviously never say it in public - is "nobody made you get into the taxi, tough luck".

      Even the slightest voluntary attempt to try and ameliorate the risk involved would be an anathema - "nanny state regulation" or some such bullshit - to them.

    5. Re:Free Market at Work by gnasher719 · · Score: 1

      Meanwhile, I don't think the woman is actually too interested in justice or anything but is interested in money from Uber as it's quite insane to hold the stance that there's any level of safety precautions that Uber could take to prevent a would be rapist to become any form of a taxi driver

      There is nothing that Uber could do to prevent anyone from ever being raped by an Uber employee. However, there is first the question whether Uber should have done more than they did. If the company is negligent then there will be a higher chance of a rape happening. No matter whether they were negligent or not, they are responsible for what their employees do. (Details depend on the local laws; it depends on whether the law assumes that the employee acted as an employee or as a private person).

    6. Re:Free Market at Work by bhagwad · · Score: 1

      In this case, she's suing Uber for fraud. The guy here was a serial rapist and Uber promises stringent background checks in it's service advertisements. They failed to do their job in this case, and glaringly so. I mean if a chap like this guy can be an Uber driver, then ANYONE can. The "background check" is obviously a sham.

      Seems like a valid case of fraud to me.

  3. Re:Rapes are an unfortunate part of Indian scoeity by Anonymous Coward · · Score: 3, Insightful

    Will you say the same, if UBER ignored a legal requirement in the US to conduct background checks? Didn't take any action when someone who travelled in the same car as the rapist reported the rapist for making her feel uncomfortable? Liability attaches to UBER.

    And who up voted you? Come on slashdot, you are better than this!

  4. No nice things by grumpy_old_grandpa · · Score: 2, Insightful

    Any this is why we cannot have nice things. Any attempt at improvements and progress is immediately attacked by those who seek egoistical gain or cry for an ever bigger nanny-state, or as in this case both.

    Blaming somebody's crime on Uber because they used the app is as absurd as blaming Tinder for failing to screen and monitor its users. (Although, I'm sure somebody will eventually sue for that as well).

    1. Re:No nice things by Anonymous Coward · · Score: 0, Troll

      No people like the rapist are why we can't have nice things. Laws and regulations of these industries are put in place as we know such scumbags exist and will seek out opportunities to indulge themselves. Uber does its best to avoid following those laws and regulations as they cost money to implement. Did uber cause the rape, no, but they certainly created an environment that attracts such predators to exist unchecked all the while trumpeting how safe their service is.

    2. Re:No nice things by I'm+New+Around+Here · · Score: 1, Insightful

      The woman could have hired a "real taxi" instead of paying less money in exchange for the greater chance of being attacked.

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    3. Re:No nice things by Anonymous Coward · · Score: 0

      Yes she could have. Also taxi regulations could be removed and people could then only hire the taxi services that aren't staffed by rapists.

      Part of the problem is you tend to find out about these things a bit late.

    4. Re:No nice things by Crashmarik · · Score: 1

      Staffed by rapists ? Really you think they have the dept of pre-crime as their HR dept ?

    5. Re:No nice things by Anonymous Coward · · Score: 0

      Remember, all men are rapists.

      Every woman gets raped.

      Therefore you need someone to protect you. GIVE THEM POWER NOW OR YOU'LL BE RAPED FOREVER!!!!

    6. Re:No nice things by grumpy_old_grandpa · · Score: 1

      Most people seem to fall into the trap of associating the crime with the marketplace and payment system, and as an extension demand that those third parties be responsible. Furthermore, the crime drives hysteria, and similar to the "think of the children" line of reasoning, it's used by dishonest people to drive their agenda. The fact is, the severity of the crime is completely irrelevant to the question of responsibility here.

      If she had paid with Foursquare, Visa or MasterCard, clearly those companies would not have been sued. And if she found the cab service through Bing or Google, no sane person would cry for them to vet their advertisers and links. Replace the crime with a hair in the soup at a restaurant, and suing any of those third parties would be just as ridiculous.

      Last time I took a "normal" taxi in India, the driver demanded 100 USD, although I knew the price was around 800 rupees (~13 USD). The final transaction was made in cash, so who should I lodge my complaint with? The Reserve Bank of India or the US Federal Reserve? The patentable absurdity of the original case is starting to become apparent.

      Finally, regarding those "normal" state and city taxi monopolies: They need to fall. In virtually any country I've been, they offer a poor service at an extortionate price. They abuse their monopoly by only having the number of drivers available they see fit and benefit from, while ignoring peek demand on weekends and other busy days and nights. And as for safety; crimes also happened in taxis before the Internet.

    7. Re:No nice things by Imrik · · Score: 1

      It wasn't his first offense.

    8. Re:No nice things by Crashmarik · · Score: 1

      I read the article the first time, I read it again after your reply. There is no mention of this. Matter of fact there is no mention anywhere that I could find that says he is a convicted felon.

    9. Re:No nice things by Anonymous Coward · · Score: 0

      Problem is that in several cities in India, taxis gouge you - particularly in Delhi, where this rape happened. If taxis had a meter that wasn't tampered and was reasonable, you'd have a case. But b'cos of this gouging, vs Uber's policy of fixing rates upfront when you sign up, it's a no-brainer to use Uber. Also, in this case, the woman did have a prior issue w/ this driver, but as her luck would have it, he was her driver that particular day.

      A better idea would be for Uber to give passengers the option of rejecting certain drivers/license-plates while booking the trip - that way, they don't get the first closest driver nearby, but can let it go to random others.

    10. Re:No nice things by Anonymous Coward · · Score: 0

      Fuck you! Step outside! (don't forget your autism meds though!)

    11. Re:No nice things by Anonymous Coward · · Score: 0

      my god, you have to be kidding me.

      1. The woman lacks the information to make an informed decision.
      couple that with
      2. Uber, etc allow people to believe (or fine, fool themselves) that the safety and reliability vs taxis is the same.

      Regulations exist so that for important common infratsturctural facilities in an economy, the consumer can be assured of a baseline of safety, consistency, etc. Yeah, they can get ornerous or corrupted. The answer is to reform (and sometimes reduce) the regulations - not necessarily to turn everything into a libertarian's wet dream of a wild west show.

    12. Re:No nice things by I'm+New+Around+Here · · Score: 1

      What part of your post has any relation to what I posted, other than we both mention a woman and taxis?

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
  5. The crime happened to an Indian in India. by Nutria · · Score: 2

    What standing does she have to sue in the US?

    --
    "I don't know, therefore Aliens" Wafflebox1
    1. Re:The crime happened to an Indian in India. by bloodhawk · · Score: 4, Informative

      Uber is a US company and Uber supplied the drivers hence she definitely has standing to sue.

    2. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      Uber is based in california which is enough for standing.

      That being said I bet that Uber has an indian subsidiary and her claim gets thrown out in summary judgement.

    3. Re:The crime happened to an Indian in India. by Nutria · · Score: 1

      she definitely has standing to sue.

      In India. Because the crime happened in India. (For example, Union Carbide was sued in India for the Bhopal disaster.)

      --
      "I don't know, therefore Aliens" Wafflebox1
    4. Re:The crime happened to an Indian in India. by Aighearach · · Score: 3

      If you don't know how "standing" works in law, how can you be in a position to argue that there is a problem with it in this case? It seems to me the farthest reasonable position in the direction you're going would be, "golly gee, I have no idea how that stuff works, I wonder if her lawyer got legal advice first?"

    5. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      you obviously have little to no understanding of civil law suits, so why comment and show your ignorance?

    6. Re:The crime happened to an Indian in India. by hcs_$reboot · · Score: 1

      In India, she would get peanuts.

      --
      Slashdot, fix the reply notifications... You won't get away with it...
    7. Re:The crime happened to an Indian in India. by DNS-and-BIND · · Score: 2

      The company's $$$$ is in America. That's why the suit is here. Come to a U.S. court armed with an Indian judgment and see how far you get seizing assets. First law: go where the money is. Didn't you see she has a big-name lawyer? He wouldn't have gotten involved unless he was going to get paid. It's all about money, my friend.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    8. Re:The crime happened to an Indian in India. by arbiter1 · · Score: 1

      It has 0 since the crime happened in India, So she would have to file suit in India not here. This case will get dropped by judge end of the first day.

    9. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 1

      Alien Tort Statute, which makes US companies liable for violations of the law of nations outside our borders (torture; cruel, inhuman, or degrading treatment; genocide; war crimes; crimes against humanity; summary execution; prolonged arbitrary detention; and forced disappearance). Rape may fall into this Category. This was most recently tested when Royal Dutch Oil was sponsoring warlords to protect its interests in the Niger River Delta, and the Supreme Court, unsurprisingly, insulated American companies against their bad acts overseas. Under the Kiobel decision, plaintiff must be arguing that Uber did something in the U.S. to cause her rape.

    10. Re:The crime happened to an Indian in India. by Maow · · Score: 1

      What standing does she have to sue in the US?

      There's probably something in the Terms of Use that the only jurisdiction that would be honoured is that of California.

      When I purchase from NewEgg.ca, inside Canada, paid with Canadian dollars, shipment 100% inside Canada, I have to agree to a stipulation that disputes (I forget the details) are to be resolved according to the laws of California, where I assume NewEgg is incorporated.

      Yet I don't even have a valid passport to go there should I wish to litigate over some issue.

      TL;DR version: Uber's rules say so.

    11. Re:The crime happened to an Indian in India. by ruir · · Score: 1

      This is a fucking lottery ticket. An indian woman exploring the happy sue free mentality of the US, how quaint. I guess it would be also interesting to assert the make of the car to open another lawsuit in Japan.

    12. Re:The crime happened to an Indian in India. by ruir · · Score: 1

      Exactly the point. She is after money.

    13. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      Could be something else too. Like punishing Uber substantially so they are either out of business or forced to introduce new safety procedures so this kind of crime won't happen anymore.

    14. Re:The crime happened to an Indian in India. by JaredOfEuropa · · Score: 1

      Forcing Uber out of business won't stop rape by cabbies. And unless there was something that Uber could reasonably have or should have done, but neglected to do, then this is not justice but just someone looking for a payday.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    15. Re:The crime happened to an Indian in India. by Rei · · Score: 1

      Well, that's certainly what the submitter was trying to imply with the two sentences of flamebait about Strauss-Kahn tacked onto the end of an essentially unrelated news story.

      --
      I would have you sign my banana, but it's on the roof.
    16. Re:The crime happened to an Indian in India. by radja · · Score: 1

      A bit like Uber then... Why is it bad if a human is after money, but not when a company is after money?

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
    17. Re:The crime happened to an Indian in India. by Rei · · Score: 1

      I should add that the Strauss-Kahn red meat is getting old. First off, most of the descriptions of the case are way off, partially inspired by the prosecutors switching from overplaying the case against him to overplaying the case for him. To be clear:

      1) If an accusation is made, and the accused is convicted, the legal system has been determined that the person is guilty.
      2) If an accusation is made, the accused is not charged, and the accuser is convicted of making a false accusation, then the legal system has determined that it was a false charge.
      3) If an accusation is made, the accused is not charged, but neither is the accuser, then the legal system has made no finding in any direction due to insufficient evidence to match the "beyond a reasonable doubt" standard in either direction.

      This should be obvious, but for some reason, many people are always fixated on interpreting #3 (by far the most common scenario) as #2.

      As for Kahn? Since then he's been caught up in one sex related charge after another - and has admitted to parts of them. He's currently out on bail awaiting trial for running a prostitution ring; the trial begins a couple days from now.

      --
      I would have you sign my banana, but it's on the roof.
    18. Re:The crime happened to an Indian in India. by ruir · · Score: 1

      When she/he has not earned or worked his/her ass to it. Who says all of this is not fabricated, and a get-rich scheme in a bollywood-style grotesc movie just to game the american system, which is known to give huge sums? That is coming from a country where hundreds of women are raped every day, seems to be hardly Ubers fault. If I were Uber, I would not give a compensation and would go all the way to the court. And at the end of the day, any amount unduly gained by that individual is getting out of Ubers customers pockets. Corporations are not magical places where the money comes from pots at the end of the rainbow.

    19. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      You do not understand shit. Indians are very business wise, and at the same time, very dense and lying scumbags. I would not get very surprised if this whole situation is not entirely fabricated, with doctors and police involved in the "movie".

    20. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      You are just a stinking paki that feels entitled to live of the works of others, and feel that crooks are your heros stealing the hard money of others, right? A good example of the common indian citizen, are not you? fuck you.

    21. Re:The crime happened to an Indian in India. by ultranova · · Score: 1

      This should be obvious, but for some reason, many people are always fixated on interpreting #3 (by far the most common scenario) as #2.

      The "some reason" being that if someone goes to jail, the problem is solved - after all, they caught the bad guy, right? He's safely locked away or buried, unable to harm anyone again, and even more importantly, the injustice of an innocent person being victimized was just a temporary glitch that was promptly fixed - dreadful business, but now it's all behind us.

      But if person A accuses person B of something horrible - such as a rape - then one of them must be a horrible person. If neither goes to jail, then justice has failed to be served. Occasional failures are inevitable with mere mortals, but no one likes - nor should like - them. The problem is, people don't always deal with such discomfort very well - there's no shortage of glitches in the current unfinished state of the world.

      --

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

    22. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      This is a fucking lottery ticket. An indian woman exploring the happy sue free mentality of the US, how quaint.

      Assuming the rape is not a fabrication, would you be willing to volunteer a young female family member for rape to collect this fucking lottery ticket, as you call it?

    23. Re:The crime happened to an Indian in India. by angel'o'sphere · · Score: 1

      Seems you did not pay attention the last 30 years?
      Everyone sues everybody in the USA. The problem is the US courts "accept" such a case, or not. And usually for what ever reason they accept any case.
      So I bet this case will be accepted as well. And as all the lawyers earn lots of money: in the USA! And tax it in the USA being the "court of the world" is making the US big money since a few decades.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    24. Re:The crime happened to an Indian in India. by angel'o'sphere · · Score: 1

      "Rules" set up by a company where they like to be sued or to sue are usually void everywhere on the world.
      A private person usually can only be sued at the place he is living (or the next best place if a "higher court" is needed) and a company usually can only be sued at the pace it is registered.
      Otherwise every company would set up a clause in their "terms of business": 'please sue me in Usbecistan, where the judges do what I pay them for'.

      However: the US does everything regarding law pretty weird and archaic.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    25. Re:The crime happened to an Indian in India. by Nutria · · Score: 1

      Alien Tort Statute, which makes US companies liable for ...

      Thanks. That's useful to know.

      Royal Dutch Oil was sponsoring warlords ... he Supreme Court, unsurprisingly, insulated American companies

      But isn't Royal Dutch Shell not an American company? Why wasn't it sued in Holland?

      --
      "I don't know, therefore Aliens" Wafflebox1
    26. Re:The crime happened to an Indian in India. by Nutria · · Score: 1

      the USA being the "court of the world"

      And all this time, I thought that Europe, with all of it's high-sounding international courts and lawyers, was the "court of the world".

      --
      "I don't know, therefore Aliens" Wafflebox1
    27. Re:The crime happened to an Indian in India. by gnasher719 · · Score: 1

      This is a fucking lottery ticket. An indian woman exploring the happy sue free mentality of the US, how quaint. I guess it would be also interesting to assert the make of the car to open another lawsuit in Japan.

      After being raped. So it's not a fucking lottery ticket, but a rape lottery ticket.

    28. Re:The crime happened to an Indian in India. by ruir · · Score: 1

      Actually a company I worked for had such clausule, any dispute/lawsuit has to be conducted on our home town (where all the courts are on their pocket). Luckily for me, I got a very good lawyer that said, "you no longer work for them, so the clausule does not have any standing anymore, so lets sue in your hometown instead. And guess what, he was right.

    29. Re:The crime happened to an Indian in India. by Livius · · Score: 1

      All she's done is file paperwork and paid some fees. She's hasn't won a judgment yet.

      Of course, with the US justice system, anything is possible.

    30. Re:The crime happened to an Indian in India. by Imrik · · Score: 1

      A background check on the driver with a criminal history, including rape charges, would have been a start.

    31. Re:The crime happened to an Indian in India. by ruir · · Score: 1

      The point is that was an indian woman raped by a indian man, it this is not a made up scenario. The rest is just fluff and greed at work.

    32. Re:The crime happened to an Indian in India. by angel'o'sphere · · Score: 1

      Only for international stuff :D and war crimes.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    33. Re:The crime happened to an Indian in India. by unixisc · · Score: 1

      Uber won't be forced out of business, but this is bad publicity. They will be forced to do a better job screening drivers.

    34. Re:The crime happened to an Indian in India. by Nutria · · Score: 1

      Only for international stuff :D

      Silly me for thinking that getting raped in India and then suing in the US is parochial...

      --
      "I don't know, therefore Aliens" Wafflebox1
    35. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      Because Holland isn't a country? I think you mean the Netherlands. Holland is a province.

    36. Re:The crime happened to an Indian in India. by angel'o'sphere · · Score: 1

      No, it is 'personal' between a person and artificial person, a company.

      Den Haag is for stuff covering international entities, like states and supra national organizations like WHO or UNO.

      I can not sue you or Uber in Den Haag. Unless they commited war crimes, but that is AFAIK another court or at least another branch.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    37. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      If a company only could be sued where registered, then registering in Usbecistan would be popular indeed.

      Normally, you can sue a company where it does business. If some multinational company screws me over in my country, I can sue it here. No problem. Perhaps I can also sue where it is registered (for more money) - that would depend on the laws there. But laws are different in different countries - sometimes an activity is illegal one place and not another. And often, you can't sue in one country for what happens in another, because there is no jurisdiction abroad.

    38. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      The drivers are independent contractors. Suing Uber because that's who the rapist works for is like suing the person who designed the shirt the rapist was wearing. The Uber service didn't facilitate the rape through negligence. This is just a money grab.

    39. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      They do background checks on all their drivers as a policy. A BG check isn't going to stop somebody from committing a crime.

    40. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      In India. Because the crime happened in India.

      If you don't know how "standing" works in law, how can you be in a position to argue that there is a problem with it in this case?

      That *is* how standing works in law.

    41. Re:The crime happened to an Indian in India. by thegarbz · · Score: 1

      Standing to sue maybe, but you can sue for anything these days.

      Chances of winning should be next to near zero. Unless it is we do away with the judicial system all together and rely solely on corporations to determine who is innocent, guilty, and why someone who the state believes is able to be a free person should be barred from working.

    42. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      actually NO it isn't. As it is a US company she is entitled to sue in US courts, US laws for US companies extend to the companies operations overseas. Whether she wins or not is another matter, but she certainly has standing to sue.

    43. Re:The crime happened to an Indian in India. by Anonymous Coward · · Score: 0

      This is just a money grab.

      US lawyers have designed the legal system to maximize their ability to make money at the expense of society.

      It's not a conspiracy, but the result of many amoral individuals more-or-less independently recognizing shared interests.

      Unfortunately, this problem is not limited to tort law. Every major area of US law has issues.

      It isn't a new problem -- English Common Law was also heavily influenced by ethical conflicts of interest on the part of the legal profession, and this is reflected in many ways in US legal history (slavery and the Jim Crow laws merely being some of the more egregious examples).

      Since the lawyers make up most of Congress (and state legislative bodies), are subject to lobbying by the bar associations, and both directly and indirectly determine who gets selected for high court positions, the legal system is riddled with ethics problems. It appears that few if any judges in high court positions have the integrity and moral courage to act appropriately in situations involving ethical conflicts of interest that work to the benefit of the legal profession. Most of the lower level judges follow that bad examples set by their superiors, much like those German officers who committed crimes against humanity in WW2 because their superiors told them to do so.

      Since the right to ethical practice of law is certainly one of the rights arising under the 9th Amendment, with even the appearance of conflict of interest being disallowed if any reasonable alternative exists, this means that much that goes on in US law is illegal. Many legal professionals are routinely violating their oaths to uphold the Bill of Rights. This makes it difficult to correct the ethics problems in US law, since so many people are guilty.

      This ethics issue in law is well documented on Slashdot (it's the basis for the well known problems with copyright, patent, and trademark laws, abuse of contract and property law, abusive "civil seizure", and many other problems), and many of the more traditional news services.

      Unfortunately, there are a lot of vested interests that benefit from the current screwed up mess. It appears that there are many sociopaths in a position to influence and control the legal system. This, combined with the fact that the public is largely ignorant of the issues, makes law in the USA an ongoing disaster. The economic costs of the ethics problems in law are staggering.

    44. Re:The crime happened to an Indian in India. by bhagwad · · Score: 1

      In this case, their "background check" allowed a serial rapist to get through. Claiming that you do "background checks" when you obviously don't, is a case for fraud.

    45. Re:The crime happened to an Indian in India. by vikramaditya234 · · Score: 1

      What if the terms & condition in Uber app says to settle dispute in US?

    46. Re:The crime happened to an Indian in India. by vikramaditya234 · · Score: 1

      Definitely her fault, first getting raped and then seeking out justice. Shouldnt she be at home cooking dinner?

    47. Re:The crime happened to an Indian in India. by Nutria · · Score: 1

      T&C can't overrule laws specifying who has standing. But we'll see; maybe she actually does have standing here.

      --
      "I don't know, therefore Aliens" Wafflebox1
    48. Re:The crime happened to an Indian in India. by ruir · · Score: 1

      I wonder why all the indians make a point of being dense. Is it a point of honour to pretende you are dense to foreign people, or are you all like that? Would you tell me why in the world she did not pursue the matter at home first, since it appears it is a matter between nationals, and I wonder if it is a coincidence she is pursuing it in a foreign land where the salaries and compensations are several times orders of magnitude greater than the typical indian? I wonder also where this is also fabricated or not, and it is not difficult to understand due to the previous point. Plus it is also very fishy this is the 2nd time being raped by the same man several years ago. Is it Uber at fault here too? The choice of lawyer is also very fishy. It is clear as water this lady is trying to cash in, before seeking justice. I would not be very surprised wether the next move will be to sue the Japanese maker of the car where it all happened, after all they facilitated the place for the rape too. No, I am not sympathetic towards gold diggers that maximize all the prices we are paying for services because they are a greedy bunch and game the system, and this one excels of trying to game a FOREIGN system which clearly will pay better. And as far as I recall, you only start escalating to foreign courts when the courts at home have not been satisfactory. Mind you, this will work against her.

  6. Re:Rapes are an unfortunate part of Indian scoeity by buckfeta2014 · · Score: 1

    Ding ding ding ding ding ding ding ding!

    We have a winner! Johnny, tell them what he has won....

    (crickets)

    Johnny?

    --
    Buck Feta. You know what to do.
  7. Re:Rapes are an unfortunate part of Indian scoeity by gnupun · · Score: 1

    Blaming Uber for a rape in India is like blaming BART for a murder in Oakland.

    Welcome to the global economy. Uber USA's decision of cost-saving, lax hiring practices in India was indirectly responsible for this rape.

  8. Uber Fucking owes me!! by Anonymous Coward · · Score: 0

    In the same line as this complaint, I took a ride with Uber the other day and the car got a flat tire about mid-way into the trip!! Wtf? I didn't expect that... And I was late to meet my friends.

    At the very least I should get this ride for free.

    1. Re:Uber Fucking owes me!! by Aighearach · · Score: 1

      Generally you have to have been harmed as least $20 to get into small claims court (varies by state, YMMV) so depending on surge pricing you may or may not be able to sue and attempt to prove your damages in court. Unfortunately for you, being late to meet your friends is unlikely to be something that can be made whole by money, so you're not going to be able to ask for more than the return of the fare. If you had been late to work and lost your job, you could conceivably sue for up to 6 months of wages. You'd lose, of course, because a reasonable person taking a cab or "rideshare that is just people sharing a ride not a real taxi" would know they might arrive late.

      What you'd need would be a video of the driver later laughing at you for complaining about the flat tire, and sarcastically saying, "yeah, I got the flat on purpose." Then if he had an accent, and the sarcasm wasn't clear enough, you might even win.

    2. Re:Uber Fucking owes me!! by AK+Marc · · Score: 1

      Your loss is not equal to your damage. He was "damaged" the cost of the trip, plus the cost of being late. So that' easily over $20, even for a $5 ride.

    3. Re:Uber Fucking owes me!! by Aighearach · · Score: 1

      You waved your hands, but you didn't propose a theory of how he was harmed.

    4. Re:Uber Fucking owes me!! by AK+Marc · · Score: 1

      Ah, the "I'm too dumb to think of it, do it must be impossible" argument. He was late. To what, I'm not sure. Being late can cause harm. Can you not think of any ways being late could cause harm?

    5. Re:Uber Fucking owes me!! by Aighearach · · Score: 1

      We do know what to. He said, "I was late to meet my friends."

      And it doesn't matter how important what he was late to was, unless you can prove some sort of gross negligence or that he was intentionally harmed.

      It starts from, "Would a reasonable person believe that a [less-than-taxi] ride sharing service has guaranteed arrival time?" So even without considering the terms of service, we can already easily arrive at, no, a reasonable person would know that a ride service, even a real taxi, does not guarantee arrival times. And indeed, an arrival time is never even negotiated. So any harm that is caused by his being late rests on his own shoulders; cars sometimes get flat tires. It can be expected that a car has a chance to get a flat tire, even a hired car. It doesn't matter what the harm is unless you can prove that it is the fault of the driver or ride company.

      You certainly never would have a person on the side of "there is no liability for that" having to brainstorm theories of harm. The person asserting liability has to do that. Be default there is no liability; some reason has to be provable.

      A jury is going to be very upset at having their time wasted by somebody claiming that they didn't know part of hiring a car was that the car might get a flat tire, be stuck in traffic, or otherwise break down or be late. It is a known and obvious part of transportation by automobile. It is going to be difficult even to keep a straight face while claiming, "I never knew it was possible for a hired car to get a flat tire, and now that I know, I blame the driver. The driver certainly must have known that the car can get a flat tire, and negligently didn't maintain the tire properly." See how much fail there is there? To make it the drivers fault, it has to be both totally unknown to a reasonable consumer that there is a risk of flat tire, and also so well known to the driver that failure to prevent it is not only negligent, but grossly negligent. And in a ride-share, the driver is claimed to be an amateur just "sharing" a ride, not a professional taxi driver, so it rapidly gets more and more stupid. This is all long before you need to worry about what he was late for with his friends.

      Compare that to rape. It is almost exactly the opposite; you'll have a hard time convincing a jury that being raped by a company representative is a normal risk that you would anticipate as part of the service. How do you even make the claim? "She should have known that being a woman and leaving the house, she might get raped." The jury isn't going to be in a good mood.

      The defense for a taxi company is that the industry is regulated, the risk is regulated, and the local government decides on granting the driver a taxi license or not, and so the company has followed the system. It isn't their fault, primarily because the regulation establish the standard of how much checking they are supposed to do. So it is hard to make a free-form, "didn't do enough" type of argument. Without complying with that regulation, Uber doesn't have any of that protection. They can't hide behind the government. And if the plaintiff can show they made a minor mistake or oversight, or that they could have done better, or that some particular rapist would not have received a taxi license, well then they might win a giant lawsuit.

    6. Re:Uber Fucking owes me!! by AK+Marc · · Score: 1

      The defense for a taxi company is that the industry is regulated, the risk is regulated, and the local government decides on granting the driver a taxi license or not, and so the company has followed the system. It isn't their fault, primarily because the regulation establish the standard of how much checking they are supposed to do. So it is hard to make a free-form, "didn't do enough" type of argument.

      You are wrong. Following a regulation is not a shield from liability, unless the regulation explicitly states it as such, and almost none do.

      You obviously don't know what you are talking about. Just stop. You don't know law. And you are wrong on every point here. Yes, I'm not posting cite. You aren't worth the time. Reality can't be disproved by some idiot on the Internet, so I cite reality. It's right, you are wrong.

    7. Re:Uber Fucking owes me!! by Aighearach · · Score: 1

      You say I'm wrong about a general principle I didn't claim. And your generalization of what I said isn't accurate.

      Just keep reading until what I said makes sense. When it makes sense and is a factually correct statement, you successfully comprehended what you read. If it seems factually incorrect, you're simply misunderstanding what was written. And from your response, it seems you went between the lines and added your own stuff, that turned out to be incorrect.

      You obviously didn't understand what I said, so why comment on it? Just stop. I do know law, and speaking against things I didn't say, and pretending I said them, doesn't prove that you know law, or that I don't.

      In the type of case being discussed, yes, following regulations intended to manage the risk of criminality by employees will indeed shield a company from accusations that they shouldn't have hired the person because of some claimed risk. The whole point is that the company isn't accused of having participated in a crime. That's what you seem to imply when you say, "Following a regulation is not a shield from liability." Nobody said that. It is a shield from claims that the specific act that was regulated (in this case, the background check of the driver) was negligent. If the regulation tells the company what background checks to do, and they did those checks correctly, then that does indeed shield them from accusations that their background checking is negligent. It absolutely shields them from claims their background checks were grossly negligent, which is what is usually going to need to be proved.

    8. Re:Uber Fucking owes me!! by AK+Marc · · Score: 1

      Then prove it. Point to a law that states there is any shield of liability. Because if it's not there, it doesn't exist. But I can't prove there's nothing there. "___" There, I've just quoted the nothing that proves my point.

  9. Cab drivers rape also by SuperKendall · · Score: 1

    Cab drivers rape people occasionally also; if they can't be stopped from doing so after being in business for decades why should Uber be able to spot someone any better? The problem is that some people just fly under the radar of screening.

    I had a cab driver who was borderline pscho, and almost refused to take money from my wife while I went around back to collect the bags.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Cab drivers rape also by Aighearach · · Score: 5, Insightful

      If they refuse to play by the same rules, then they have a hard time claiming their process is even better than the legal process they're supposed to use, without actually doing an almost perfect job.

      Once they start following the same rules and checks as taxis, then if there is a problem all we have to ask is, "are they any worse than taxis?"

      When it is a group that is in ongoing violation of the regulations, I just don't see why they qualify for the protection offered by having complied with the process. After all, that is the taxi company's excuse; background checks are regulated, and they did the checks that are supposed to work.

    2. Re:Cab drivers rape also by Anonymous Coward · · Score: 0

      Why play by the same rules when you're playing a different game?

    3. Re:Cab drivers rape also by Anonymous Coward · · Score: 0

      Funny. I don't see why having complied with the process should grant them any sort of protection.

      Because a taxi company can't prrevent all crimes of their drivers, just like the police can't prevent all crimes, and expecting or demanding differently is madness. What we can demand from a company is that they make a reasonable effort to weed out criminal drivers, and to prevent confusion about what a reasonable effort should involve, it is defined by law.

      That regulation is sometimes used to create artificial cost barriers does not mean that all regulation is bad. Of course the world would be a better place if the effectiveness of (new) regulation was evaluated, and if ineffective regulation was removed.

      I mean, honestly, you're effectively defending taxi companies with rapist drivers!

      Well if the taxi companies were unaware and made a reasonable effort to prevent the situation, how are they to blame? If you think the measures they took were not effective enough, shouldn't you be lobbying for stricter regulations?

    4. Re:Cab drivers rape also by AK+Marc · · Score: 1

      When it is a group that is in ongoing violation of the regulations,

      Yes, like the private car service in NYC acting like taxis, but being tolerated for decades. Someone does "private car" over the Internet, and the lawsuits immedately start. The taxis would shut down the legal private car services, if they could. But they can't, so they focus on shutting out the new guy, regardless of legality or regulations.

    5. Re:Cab drivers rape also by Anonymous Coward · · Score: 0

      Of course the world would be a better place if the effectiveness of (new) regulation was evaluated, and if ineffective regulation was removed. ... Well if the taxi companies were unaware and made a reasonable effort to prevent the situation, how are they to blame? If you think the measures they took were not effective enough, shouldn't you be lobbying for stricter regulations?

      Well, this is exactly the point. It shouldn't be enough that per se a company follows the regulation. If Uber can be sued [successfully] because in failing to following regulation they failed to do an adequate job in covering public safety issues, then a taxi company should be sue-able [successfully] for following regulation that failed to do an adequate job in covering public safety issues. It's precisely the point that regulation may be ineffective, needless burdensome, and even potentially detrimental to its state purpose and the courts (with juries) should be there to, in part, spell out where regulations fail and not simply give a blanket pass because of follow the statutory status quo.

      The overall point in all of this isn't that Uber shouldn't be weeding out bad drivers but there's a clear presumption here that Uber should be set to a harsher standard for failing to follow regulations under the presumptions that the regulations work when they're demonstrably not working as a rule of thumb. Instead of being a inherent blanket pass for taxi companies, it inherently should be just as much a trialable circumstance upon taxi companies who show an equally evident level of failure to protect the public.

      In the end, the ends should be the basis for judgment if the regulation is there precisely for the ends. Whether Uber might, indirectly, be punished with a fine for failure to follow regulations--of which might well change as a result of a judgment and said fine, eliminating the relevant regulation--is another matter, and I'd tend to believe that that is a reasonable compromise to the issue of companies otherwise ignoring regulation upon the hope that juries and courts might side with you on issues.

      tl; dr It reminds me of one of my favorite jokes. "We can't let the teens have premarital sex. It could lead to dancing!"

    6. Re:Cab drivers rape also by sumdumass · · Score: 1

      Is it really a different game when you call a footbal a zebra but everything else looks like a game of football?

      What they are essentially doing is playing the same game but substituting their own rules for the league ruls by calling the same thing something different. Now this is meaningless until you attemp to play league games under those perverted riles.

    7. Re:Cab drivers rape also by Anonymous Coward · · Score: 0

      As far as I can tell, rape is like saying hello in India. Cab drivers very often like to say hello. Friendly folks.

    8. Re:Cab drivers rape also by Aighearach · · Score: 1

      The internet says they're not "tolerated," at all, except in the same sense that drug dealers are tolerated. They get arrested and fined regularly for breaking the rules, and yet, there are lots of people doing it and the enforcement hasn't stopped the behavior. But it isn't tolerated. You can look up the statistics of how many are busted for it.

    9. Re:Cab drivers rape also by AK+Marc · · Score: 1
      Nope, the Internet says they are working strong. While I was in NYC, I "hailed" a private car more than once. They may get fined for some breaches of the rules, but under the rules they operate under, they are 100% legal. They aren't supposed to respond to hails. So long as they don't, they can be 100% legal. That you don't know the rules doesn't mean they aren't there, and the private cars aren't meeting them.

      You can look up the statistics of how many are busted for it.

      I can, but you can't? If you could, why didn't you post to anything indicating that a private car service was illegal in NYC? Oh yeah, because they are 100% legal (so long as they aren't Uber). It's Uber being singled out, told to operate under inconsistent rules. Their response (right or wrong) is that they will operate under no rules, until forced to do so in court. Pretty much exactly the same as private cars in NYC. And private cars have existed for decades, and are going strong (and are 100% legal, under certain operating conditions).

    10. Re:Cab drivers rape also by Aighearach · · Score: 1

      You can look up the statistics of how many are busted for it.

      I can, but you can't? If you could, why didn't you post to anything indicating that a private car service was illegal in NYC? Oh yeah, because they are 100% legal (so long as they aren't Uber). It's Uber being singled out, told to operate under inconsistent rules. Their response (right or wrong) is that they will operate under no rules, until forced to do so in court. Pretty much exactly the same as private cars in NYC. And private cars have existed for decades, and are going strong (and are 100% legal, under certain operating conditions).

      Because I did look them up, but you're hand-waving. Also, "trust me the answer is ___" is a lame position. I don't expect people to get their facts and numbers from me, I expect people to verify information independently, or at least use a source they have some reason they trust. Feeding you the exact numbers doesn't improve your understanding, IMO.

      You're saying they're "working strong," so are the drug dealers. Does that prove that the government isn't trying to fight the drug war, that crack cocaine is de-facto legal on account of the government hasn't stopped it? No? See, you would need to not only know that the illegal behavior continues, but also that nobody gets in trouble for it, to even claim to know that. If you didn't look up the numbers on your own before making the claim, it was a false claim. Even if you had accidentally guessed right and there is no enforcement (you didn't guess right, there is lots of enforcement, paid for by taxi medallion fees) you would still be wrong to claim to known without having checked.

      Drug dealers have existed for "decades," and are "going strong." Fail.

    11. Re:Cab drivers rape also by AK+Marc · · Score: 1

      The difference is that the private car services are legal. Do drug dealers advertise with their real name, addresses and phone numbers? The private car services are legal in NYC. Yet they refuse to use the same rules for Uber. Why?

    12. Re:Cab drivers rape also by Aighearach · · Score: 1

      Instead of asking an open-ended "why" for something that is known, just look it up and then you can discuss it intelligently. If you don't know, how can you use it to argue?

      If you do know, and you're asking "why" anyways, it sounds like FUD where you know the actual details don't support your position, but you want to raise the possibility that they might.

      Uber is not a "private car service" in NY. There. That has been answered. If you want to go into the details, research it, and discuss it from a position of claiming to understand it.

    13. Re:Cab drivers rape also by AK+Marc · · Score: 1

      Instead of asking an open-ended "why" for something that is known, just look it up and then you can discuss it intelligently.

      If it's known, why can't you answer it?

      If you do know, and you're asking "why" anyways, it sounds like FUD where you know the actual details don't support your position, but you want to raise the possibility that they might.

      No. The idea is that I know you are wrong. And I can prove it. But you'll still argue that your opinion trumps reality, so I wanted you to look for yourself. Maybe you'd find: http://thenextweb.com/insider/...

      That was the first result on my search. There are thousands more. All indicating that Uber has "has received final approval from the New York City Taxi and Limousine Commission to [operate in NYC]"

      Reality proves you wrong. Private cars are legal, regulated, and Uber is one. Legally. At least in NYC. One of their complaints is that there are thousands of separate commissions all regulating the services separately. Some state, most local. And no easy or unifying operating mechanism.

      Uber is not a "private car service" in NY. There. That has been answered. If you want to go into the details, research it, and discuss it from a position of claiming to understand it.

      Uber is licensed to operate as a private car service in NYC. The "why" before was as much "why do you think they aren't?" But you won't look. You are so sure you are right, that you refuse to look or listen. Why?

    14. Re:Cab drivers rape also by david_thornley · · Score: 1

      Last I read on the subject, Uber Black in NYC operates according to the limousine service laws, and is not considered a problem. (In NYC, apparently, you can only get a cab by hailing one, and can't hail a limo.) I believe Uber did or does run other services than Uber Black, and I don't know exactly what trouble those are in or what laws they may be breaking.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  10. Re:Rapes are an unfortunate part of Indian scoeity by Anonymous Coward · · Score: 0

    From a point of law, indirectly responsible is the same thing as not responsible.

  11. I know this sounds absolutely horrible... by Anonymous Coward · · Score: 1

    but the simple line "reported to have enlisted the services of Douglas Wigdor, a high-profile U.S. lawyer" kind of sounds like this could be coming from enemies of Uber, with purposely filed false claims to attack Uber. Some woman from India can afford or has been able to easily contact a high profile lawyer? This would be the perfect kind of attack coming from the people who want to see Uber fall. Of course it's absolutely horrible if the case is real, but with the enemies Uber has it sounds a little fishy to me. :/

    1. Re: I know this sounds absolutely horrible... by Anonymous Coward · · Score: 0

      On the other hand, if you've ever been in a car accident and actually seen the way the lawyers will come up running from their offices to see who they can get to sign a retainer, it might be understandable.

    2. Re:I know this sounds absolutely horrible... by AK+Marc · · Score: 1

      Many of the high profile cases are taken on contingency. She may have nothing and be paying nothing, and the millionaire lawyer is footing the bill, hoping for a 50% payout on millions.

    3. Re: I know this sounds absolutely horrible... by AK+Marc · · Score: 1

      I had a friend who got a contingency lawyer. He was on a bicycle, cycling legally, when he was hit by a car breaking the law. The car insurance offered him $50k for his medical and lost work (no "pain" bonus). He felt slighted by that, having heard the stories about people getting high payouts. So he called a few lawyers. He ended up signing with one who promised "the most money (you are due)". They promised they'd get him more money (up to the most he was due). After he signed all the paperwork (including a power of attorney), they took the initial insurance offer, took the money from the insurance company, waited the legal maximum (6 months, I think) and paid him out, after taking their 35%. So he didn't eve have enough left to cover his medical bills.

      I told him to sue them, but he was so tired of the mess, he just filed bankruptcy to start over.

      That's how the system works in the US.

  12. Not UBER's fault! by balajeerc · · Score: 5, Interesting

    The facts have been misrepresented in this case both in the Indian media and now in the U.S press. UBER did indeed ask for a police certified character certificate from the driver and the driver in turn handed them one, albeit a forged certificate. Any Indian who has worked with security agencies will tell you that Indian police character verification certificate is simply expensive paper to wipe your ass with. They have no standard format, are easily faked and are expensive to obtain no matter whom you pay - the crooks in uniform who give you one for a bribe or the crooks not in uniform who make forged copies for a fee. There is no central verification database which companies can use to authenticate one of these certificates. How then was UBER supposed to figure out that the certificate he handed them was a forged one? UBER is a boon for middle class Indians who are otherwise at the mercy of corrupt autorickshaw drivers who have no fixed metering and fleece customers based on the hour. Also, there is atleast some sort of traceability in a cab. Had the victim been raped by an autorickshaw driver, the case would still be unsolved: just another file in a mountain of open rape cases that the Indian police is too incompetent to deal with. What happened to her was terrible, but she is being an opportunist here. This is less about ushering in accountability from UBER than it is about squeezing UBER for every penny she can. It saddens me that a fellow Indian would resort to this.

    1. Re:Not UBER's fault! by Anonymous Coward · · Score: 0

      Not Uber's fault? so you are saying Uber went to the police/certifying agancy and checked to make sure the certificate that was handed to them was valid and the they said yes? if so Uber should be in the clear, otherwise they deserve to be anally raped in the courts, you never trust a security check based on someones word or a piece of paper they gave you.

    2. Re:Not UBER's fault! by Anonymous Coward · · Score: 0

      Uber could at the very least call the police station from where the certificate was issued? Esp. considering that Uber will actually never see their drivers face to face.

      Stopped reading after `Uber is a boon...`. You need to lay off the ganj.

    3. Re:Not UBER's fault! by balajeerc · · Score: 2

      There is no such number they can call. The Police does not provide any such facilities or have an operator ready to answer your queries as to whether a certificate they have issued is genuine. Finally, if you are of the opinion that they ought to send a guy over to the village Police station where the certificate was issued, for every driver who signs up, then you are either not an Indian and have no idea of how things look like here or you are utterly deluded and probably DO need some ganj to soothe your nerves.

    4. Re:Not UBER's fault! by Anonymous Coward · · Score: 0

      Hmm you are wrong, GP is right. There are ways of contacting the police to verify if a certificate issued is genuine. Just because you are not aware, doesn't mean they don't exist. More over, police verification is done by the nearest station where you reside. An uber driver working in the city will under most circumstances reside in the city and not in some far flung village. Your argument does not hold water.

      Sounds to me either you work for Uber, or like the GP says, lay off the ganja.

      Also don't make a villain out of the rape victim. She has every right to ask for compensation.

    5. Re:Not UBER's fault! by jklovanc · · Score: 2

      AC I have one question for you. Do you live in India?

    6. Re:Not UBER's fault! by Anonymous Coward · · Score: 2

      I have; AC is right and balajee dude is wrong.

      There are ways to confirm police clearance certificates - its just those ways aren't readily available on the internet. You gotta beat leather on the streets.
      For instance, Delhi, the place where the rape took place, is notorious for servants and employees killing/stealing from their employers.
      Here's a form the Delhi police accept with employee fingerprints, in order to track them if things go wrong.
      http://www.delhipolice.nic.in/home/servant-f.htm

      Did Uber did this? Or did they hide behind the plausible-deniability bullshit that "drivers are contractors, not employees" in order to save costs of actually hiring someone to take driver fingerprints and gumshoe the form over to a local police station?

    7. Re:Not UBER's fault! by drinkypoo · · Score: 1

      This is less about ushering in accountability from UBER than it is about squeezing UBER for every penny she can. It saddens me that a fellow Indian would resort to this.

      It saddens me that your government is so useless that she has nowhere else to turn. If she accuses her attacker at home, what happens to her?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:Not UBER's fault! by balajeerc · · Score: 1

      Yes, the fact that my country's law enforcement and judiciary are so weak is deplorable indeed. I will probably take another 20 years or so before he is finally convicted (post all the appeals he is eligible for).

    9. Re:Not UBER's fault! by balajeerc · · Score: 2

      There are ways to confirm police clearance certificates - its just those ways aren't readily available on the internet. You gotta beat leather on the streets.

      And UBER is expected to do this for all the drivers that register with them? Do you understand their business model at all? Anyone who actually lives in India, will have far less faith in the efficacy of getting the police here to do anything. Consider that this guy is a serial offender and they weren't able to get a proper conviction for over a decade!

      to save costs of actually hiring someone to take driver fingerprints and gumshoe the form over to a local police station?

      Oh believe me when I say that the real costs accumalate AFTER getting to the police station. Try getting these guys to do ANYTHING without... um... "encouragement".

    10. Re:Not UBER's fault! by balajeerc · · Score: 1

      Here's a form the Delhi police accept with employee fingerprints, in order to track them if things go wrong. http://www.delhipolice.nic.in/...

      Yeah, I am sure the police light a few of those to keep warm during the Delhi cold waves when they are dutifully out on their patrols at night. That is why Delhi is such a safe and welcoming city for women. Right?

    11. Re:Not UBER's fault! by c · · Score: 1

      It saddens me that a fellow Indian would resort to this.

      Absolutely. After being raped by a fellow Indian and then having to deal with corrupt Indian authorities, you'd expect she'd think twice before she went to seek justice in another country and besmirched the pristine reputation of her fellow Indian's.

      --
      Log in or piss off.
    12. Re:Not UBER's fault! by gnasher719 · · Score: 1

      And UBER is expected to do this for all the drivers that register with them? Do you understand their business model at all?

      Their business model is to cut prices compared to taxis by cutting on conformance with laws that apply to taxis. Well, if their business model ends up costly, whose fault is that?

    13. Re:Not UBER's fault! by Anonymous Coward · · Score: 0

      LOL, so just because the Indian police is incompetent and corrupt, Uber should not even try to approach them to do their due diligence to ensure the safety of their riders? By your own link, this asshole is a serial offender, had Uber bothered to check the authenticity of the papers he submitted, he would most likely have been found out and rejected.

      You seem to be riding the short bus. Who the fuck is modding this retard up?

    14. Re:Not UBER's fault! by Anonymous Coward · · Score: 0

      If she accuses her attacker at home, what happens to her?

      Sue the real estate agent or the builder. It makes about as much sense as this case.

    15. Re:Not UBER's fault! by bhagwad · · Score: 1

      Yeah - I feel so sad that someone is trying to get justice wherever she can. I'm an Indian too. And I cheer her on.

    16. Re:Not UBER's fault! by lexman098 · · Score: 1

      So maybe if the Indian economy tanks because outside companies feel they can't take the risk, it will create incentive to improve safety.

    17. Re:Not UBER's fault! by strikethree · · Score: 1

      This is less about ushering in accountability from UBER than it is about squeezing UBER for every penny she can. It saddens me that a fellow Indian would resort to this.

      I am unsure why it saddens you. Many people from all nationalities would leap at almost any chance to go from poverty or middle class to upper class in one fell swoop. Being Indian in this instance is not unique. Russians, Americans, Arabs, whatever, you will find many in each that would do the same.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
  13. How by phantomfive · · Score: 4, Interesting

    the woman was reported to have enlisted the services of Douglas Wigdor, a high-profile U.S. lawyer who represented Nafissatou Diallo, the New York City hotel maid who accused the former International Monetary Fund managing director Dominique Strauss-Kahn of sexual assault.

    How did she manage to get hooked up with the same lawyer? How did a citizen living in India get connected with a high-profile lawyer in New York?

    --
    "First they came for the slanderers and i said nothing."
    1. Re:How by Anonymous Coward · · Score: 0

      Craigslist.

    2. Re:How by Anonymous Coward · · Score: 0

      How did she manage to get hooked up with the same lawyer? How did a citizen living in India get connected with a high-profile lawyer in New York?

      This is his job. He's available for hire. She's suing in the US so she hired a US lawyer who works on these sort of cases.

    3. Re:How by circletimessquare · · Score: 4, Informative

      the lawyer seeks out the victim

      if you ever are the victim of a newsworthy accident/ crime, you will get cold called by a number of lawyers, who want to represent you pro bono

      because such cases gild their CV, get their name out there. free advertising

      some lawyers, they seek out interesting strange and noteworthy cases only. out of ego, fame, crank cause, adrenaline, hero complex, whatever:

      http://en.wikipedia.org/wiki/A...

      http://en.wikipedia.org/wiki/G...

      etc.

      --
      intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    4. Re:How by arbiter1 · · Score: 1

      I doubt he is working under clause that he only gets paid if he win's. This does sound like someone else is footing the bill. This case has 0 merit in the US, it happened in India so should be taken care of there.

    5. Re:How by Anonymous Coward · · Score: 0

      Maybe they used a "disruptive" mobile app to coordinate.

    6. Re:How by phantomfive · · Score: 1

      This does sound like someone else is footing the bill.

      Who?

      --
      "First they came for the slanderers and i said nothing."
    7. Re:How by Anonymous Coward · · Score: 1

      HUR DUR HUUUUURRRRRR
      I'mma gunna look fer racism ev'rywareeeee! WEEEE!!!

    8. Re:How by 140Mandak262Jamuna · · Score: 1

      She did not. He sought her out.

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    9. Re:How by angel'o'sphere · · Score: 1

      Pfft ... that is a stupid question my friend.

      An average indian might earn just a tenth of the average american, however:
      o the internet works the same there
      o they are as smart as you
      o they have similar education
      o they have newspapers, too

      I guess the name of the lawyer was published often enough in the news.
      And also: smart lawyers contact YOU if they feel they can make a case and lots of money if they represent you in the USA.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    10. Re:How by Virtucon · · Score: 1

      you've never heard the term "Ambulance Chaser?" The law firm took the case on contingency and is looking to milk Uber, she'll make a relative fortune for India but it'll probably be only 10% of the gross. It's funny how Uber is being singled out here and I'm wondering if the Taxi lobby isn't somehow involved. New York law firm, New York Taxi lobby.. It also seems really, really strange since general taxi rapes/crimes don't seem to get the same media hype as Uber. Sure, there's coverage, but it's not anywhere close to the same intensity.

      For example here: http://bit.ly/1CL9nr9 and http://bit.ly/1wMJS1O and http://trib.in/1wMJW1D ... it goes on and on. Since these are closer to home with US clients, where's the big NYC law firm taking on their cases?

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
    11. Re:How by Solandri · · Score: 1

      if you ever are the victim of a newsworthy accident/ crime, you will get cold called by a number of lawyers, who want to represent you pro bono

      because such cases gild their CV, get their name out there. free advertising

      They represent you pro bono because they think you have a good chance of winning, and standard lawyer's fee is 33% of any award or settlement. They're not doing it out of the goodness of their hearts. The dozen or so lawyers in the $200 billion tobacco company master settlement became instant billionaires.

    12. Re:How by nbauman · · Score: 1

      I understand that some Indians are also lawyers

      Some Indian lawyers have families.

      Therefore, some Indians have lawyers in the family.

    13. Re:How by ArsonSmith · · Score: 1

      Taking a fee is the opposite of pro bono.

      Pro bono
      denoting work undertaken for the public good without charge, especially legal work for a client with a low income.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
  14. Re:Rapes are an unfortunate part of Indian scoeity by Aighearach · · Score: 1

    Right, directly responsible gets you charged with "rape" and placed in jail, indirectly responsible gets you a lawsuit. Nobody is claiming it is the same.

  15. Douglas Wigdor by fustakrakich · · Score: 1

    Begs the question, who is behind this? I mean, DSK was French politics, but I can't figure out who here draws that kind of attention and money.

    --
    “He’s not deformed, he’s just drunk!”
  16. Stop rape in India? by Anonymous Coward · · Score: 0

    Issue firearms to only the women.

    1. Re:Stop rape in India? by Rei · · Score: 1

      Right, so women are supposed to walk around at all times with a gun in their hand, never setting it down for anything, and have a proximity radar to warn them if anyone is approaching them where they can't see so that she can pump them full of lead?

      Why, I bet the gun will just shoot the rohipnol right out of drinks too!

      The percent of rape cases in which having a gun could have helped is probably in in the single digits. And with it of course carries the risk of escalating the risk of getting you seriously injured or killed.

      --
      I would have you sign my banana, but it's on the roof.
    2. Re:Stop rape in India? by Anonymous Coward · · Score: 0

      What could have helped is not drink that drink laced with rohypnol. That gets turned to victim blaming, though. Women aren't supposed to be able to protect themselves (or if you're feminist, only men must change).

      Oh, and if that's a requirement of rape (machination to disable the victim so as to have sex with them) then 90% of claimed rapes aren't rape.

    3. Re:Stop rape in India? by Rei · · Score: 1

      Actually, disabling substances are used in the vast majority of rapes. The most common is alcohol (trying to get the victim too drunk to resist or looking for someone who already is, in about two thirds of rapes), but drugs are used in about 20% of additional rapes. Very, very few rapes follow the classic Hollywood script of "stranger leaps out of the bushes with a knife" - so vanishingly few that the scenario is statistically almost nonexistant. Disabling substances are extremely popular because 1) they work very well, 2) the victim often can't remember the attacker well if at all, 3) the victim is not in a state to be making a report until long after the event, 4) the victim's ability to make legally reliable testimony is compromised. Why would people choose the Hollywood way over that?

      And I'm sorry, but if you think that you can watch everything you consume every second of every evening you're out and not slip up, you're an idiot. And yes, the reason people get mad at people like you is that the problem is that there are people out there drugging other peoples' drinks en masse and thinking that this is acceptable behavior, not that victims haven't gained supernatural abilities to hyperfocus on everything they may potentially consume at all times and never slip up. "Look, I'm sorry that you're dying of pancreatic cancer, but you should have been getting pancreatic function tests daily and working two jobs to pay for weekly MRI scans to find it before it could have posed a threat to you, and because you weren't, it's your own damned fault, and don't act like I'm a jerk for pointing this out!" That's how you come across when you take that tack. The problem is the f***ing cancer, not the victim.

      --
      I would have you sign my banana, but it's on the roof.
  17. Why not put cams in cars? by plopez · · Score: 1

    Put a cam on the driver. That should help, I think.

    --
    putting the 'B' in LGBTQ+
    1. Re:Why not put cams in cars? by TechyImmigrant · · Score: 1

      Put a cam on the driver. That should help, I think.

      So it can whack him in the head each time the crackshaft rotates?

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  18. Uber does as well, or better by SuperKendall · · Score: 1

    If they refuse to play by the same rules,

    Uber is doing background checks on drivers - at least as well as cab companies. Probably better because who can say how many cab drivers make it in via political favors? Uber is far newer, and thus far less corrupt than decades old cab companies at this point.

    When it is a group that is in ongoing violation of the regulations,

    *cough*Cab Companies*cough*

    It's for instance regulation to charge a certain rate from the port to the airport in Miami. Guess what really happens? You get extra fees added on when it's time to pay. Who are you going to complain to, really? The fact is that cab companies break far more regulations every day than Uber follows in spirit, even though not technically bound to them.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Uber does as well, or better by Aighearach · · Score: 1, Insightful

      If they refuse to play by the same rules,

      Uber is doing background checks on drivers - at least as well as cab companies.

      No. Nonono. "We're doing it just as well as the way we're supposed to, that's why we refuse to follow the rules." That just doesn't fly.

      It is totally dishonest to both not be in compliance with the rules, and to claim to be in compliance with them because... "gosh our way is just as good."

    2. Re:Uber does as well, or better by drsmithy · · Score: 0
      Probably better because who can say how many cab drivers make it in via political favors?

      Given the life and pay of a taxi driver, I'd go with "sweet fuck all".

      People calling in "political favours" to be a *taxi driver* ? Did you even think about that before you wrote it ? Do you think garbage collectors get jobs through "political favours" as well ?

    3. Re:Uber does as well, or better by sumdumass · · Score: 2

      I do not know about taxis but yes garbage collectors in some areas require political connections to get the jobs. I live in thd country so i pay a private contracter but the nearest city runs its own collection service paying garbage truck drivers almost $30 an hour and the helpers aroung $20 an hour. Because of this high pay, they do not loose many employees and when the do, you almost have to know someone in the city politics in order to even get your application through for consideration.

    4. Re:Uber does as well, or better by Notabadguy · · Score: 2

      Yes....garbage collectors get jobs through political favors.

      Google "Overpaid garbage collectors."

      http://globaleconomicanalysis....
      http://www.answers.com/Q/Are_N...
      http://www.investopedia.com/fi...

    5. Re:Uber does as well, or better by nbauman · · Score: 1

      If they refuse to play by the same rules,

      Uber is doing background checks on drivers - at least as well as cab companies. Probably better because who can say how many cab drivers make it in via political favors?

      That's what they claim but the facts don't support that. If anyone is making it by political favors, it's Uber. In California, Colorado and Illinois, they got themselves exempted from the taxi background checks by hiring lobbying firms and lobbying legislators.

      http://www.nytimes.com/2014/12...
      Uber’s System for Screening Drivers Draws Scrutiny
      By MIKE ISAAC
      DEC. 9, 2014
      Uber uses Hirease, a private company that says it has an average turnaround time of “less than 36 hours.”
      Both services do drug and alcohol testing, but neither does fingerprint testing. And they rely primarily on publicly available information.
      Although state background checks for taxi drivers vary by jurisdiction, lawmakers say they are generally more rigorous than either of these services. They usually include searches of private databases like F.B.I. records, gaining consent from prospective drivers for those searches,
      In California, those drivers must undergo checks by the state’s Justice Department, including fingerprint scanning, drug and alcohol testing, and searches of private databases. A check can take as little as three days, but as long as eight weeks.
      (Uber defeated bills to require the same checks, including fingerprints, required for taxi and limousine drivers, in California, Colorado, and Illinois.)

      http://www.nbclosangeles.com/n...
      Risky Ride: Who's Behind the Wheel of Uber Cars?
      How safe is Uber? The NBC4 ITeam investigates.
      By Joel Grover and Keith Esparros
      Friday, May 2, 2014
      Beverly Locke did. Working with the NBC4 I-Team, Locke filled out all the necessary documentation needed to become an Uber driver....
      On her first day "on the job," she received a request from Paolo, a frequent UberX user, who was looking for a ride from his Hollywood apartment. He is an Uber fan.
      "I use cabs a lot," said Paolo. "And, it's almost half the fare in Uber than for a taxi driver."
      His phone lit up with a picture of Locke, and a message that said Beverly will pick him up in three minutes.
      What he didn't know is that Beverly was an ex-con with a violent past. Her 20-year rap sheet includes burglary, cocaine possession, and making criminal threats with the intent to cause death or bodily injury.
      "I pulled a girl out of a car and almost beat her to death," said Locke, who described herself as a reformed criminal with a good job and a desire to make up for her past. "I do not do criminal things anymore."
      NBC4 asked Locke to cancel the ride, so the former convict never actually carried a passenger. But the NBC4 I-Team found several examples in which drivers with a criminal past have picked up Uber passengers.
      Tadeusz Szczechowicz drove the streets of Chicago for a year, despite five prior arrests and two convictions for burglary and disorderly conduct.
      Syed Muzzafar had a prior conviction for reckless driving, but he cleared the Uber background check and was behind the wheel New Year's Eve when he was arrested for hitting and killing a 6-year-old girl in San Francisco.
      And, Jigneshkumar Patel was arrested for battery of an UberX passenger, a charge he said is "rubbish." Still, the UberX driver had a 2012 conviction for DUI.
      Uber declined to talk to NBC4 directly, but did send emails describing corporate policy on background checks. A message said Uber "leads the industry" with its "best-in-class background checks for drivers."
      Uber also said it has a "zero tolerance" policy for drug and alcohol offenses, and said it carefully screens applicants and immediately disqualif

    6. Re:Uber does as well, or better by Anonymous Coward · · Score: 0

      Uber is doing background checks on drivers - at least as well as cab companies. Probably better because who can say how many cab drivers make it in via political favors? Uber is far newer, and thus far less corrupt than decades old cab companies at this point.

      Can you prove any of this? Do you know what types of background checks they are doing and what traditional cab companies in San Francisco do? (I chose SF since that's where Uber's headquarters are located.) Do you have some sort of knowledge of the rate of favors that get people into cabbie jobs? Do you work in the industry at all? Is this a gut feeling of yours? I can use the word probably too. "Becoming a cab driver in San Francisco is probably a bit harder these days as cab companies probably want to make sure they look good compared to Uber in their city. Hiring managers are probably very strict now. And since they've been in the business longer, they probably know how to weed out the bad eggs with high probability."

    7. Re:Uber does as well, or better by nbauman · · Score: 2

      It is true that in Nassau County, on Long Island, New York, when Alfonse D'Amato was county commissioner, you had to be a registered Republican and contribute to the Republican party to get a job.

      After D'Amato left Long Island to become Senator from New York, he was involved in a lawsuit where both sides subpoenaed documents and filed them in court.

      One letter showed up in which D'Amato was discussing with another Republican how much civil servants should be required to contribute to the Republican Party to keep their jobs. They were trying to decide whether it should be 2% or 3%.

      Because the statutes of limitations had expired, D'Amato couldn't be prosecuted for that.

      A friend of mine who lived on Long Island told me that when his daughter applied for a summer job as a lifeguard on the beach, the person who took the application told her that in order to get the job her parents had to be members of the Republican Party. The person said that if they weren't Republicans, she might as well not waste everybody's time filling out the application, because they would check.

      But I don't know if that applies to taxi drivers.

    8. Re:Uber does as well, or better by sumdumass · · Score: 1

      George Pataki I believe it was, tells a story about his father becoming a postal worker and having to become a registered democrat to do so. This was a premise his mother's father
      (George's grandfather) laid out- a steady job not becoming a democrat- before his father was allowed to date and eventually marry his mother.

      He has said he ran for governor of New York because he wanted to change the corruption in government and when he was an assemblyman and state senator, he realized the republicans were just as entrenched and corrupt as the democrats in those branches and nothing could be done from there.

      I guess at one time or another, it was all corrupt. Likely still is on some places.

  19. It took this long? by Sir+Holo · · Score: 1

    Condolences to the victim, of course.

    When I say, "It took this long?" I mean that a completely unregulated livery (taxi) service went this long without some Uber driver or other comitting a major crime upon one of their 'customers'?

    We have regulations on taxis FOR GOOD REASONS.

    The wise will short-sell stock in Uber. Or just avoid it. Too much arrogance and scofflaw-like attitude.

    1. Re:It took this long? by jopsen · · Score: 1

      When I say, "It took this long?" I mean that a completely unregulated livery (taxi) service went this long without some Uber driver or other comitting a major crime upon one of their 'customers'?

      In many countries regulation consists of mandatory training, extra drivers tests, advanced first aid courses, etc. Most companies requires a clean criminal record (well they review the record, in case of severe crimes). But in many countries entries on a criminal record also expires... These are not guarantees.

      Either way, I feel more safe using Uber because there is an electronic record on everything linked to credit cards, car registrations, etc. So if a driver robs me tries something funny, filing criminal charges against the driver is easy. A random cap driver on the other hand is hard unless you're quick to memorize a license number.

    2. Re:It took this long? by ruir · · Score: 1

      Do you realize in India this also happens with regular taxis and molestation charges are a daily occurrence, right? It is not the USA.

  20. It does fly, because it works better by SuperKendall · · Score: 2

    What flies with me is systems that work better than old corrupt systems.

    Plainly Uber does a better job overall than cabs, or people would not use them.

    If you are so hidebound to rules that you must follow them to your detriment, then there is no help for you I fear.

    When regulations do nothing to help real people, and only restrict compassion with an old failed system - it is morally wrong to follow those regulations. I few Uber (and other companies like them) as the ultimate form of civil disobedience, and feel it is my duty as a citizen who wants to see a better world to make use of them and promote them when possible.

    I have NO connection to Uber. Just a lifetime of experience with the world of Cabs that you are trying to keep us all mired in, a lifetime of poor to horrific experiences.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:It does fly, because it works better by Anonymous Coward · · Score: 0

      Plainly Uber does a better job overall than cabs, or people would not use them.

      People buy cocaine, shoot up heroin, and buy oxycontin on the black market. Obviously, the solution to what ails you is drug abuse. Otherwise, people wouldn't do it.

      I have NO connection to Uber. Just a lifetime of experience with the world of Cabs that you are trying to keep us all mired in, a lifetime of poor to horrific experiences.

      Now, this I can believe. But your platitude ideology is bullshit.

    2. Re:It does fly, because it works better by Anonymous Coward · · Score: 0

      I few Uber?

    3. Re:It does fly, because it works better by drsmithy · · Score: 0

      The problems in the taxi industries worldwide have nothing to do with regulations around safety, and everything to do with the regulations around taxi plates (or "medallions" I think they call them in the states).
      Uber vehicles should be required to carry the same safety facilities as a taxi, including video/audio recording and driver duress buttons.
      This sort of situation and the absurdly trivial solutions for reducing its risk (what's the cost of a few dash cams ?) were entirely predictable and the only reason Uber did not act proactively was because it's a company run by libertarian psychopaths who think rules shouldn't apply to them.

    4. Re:It does fly, because it works better by Petrini · · Score: 1

      What flies with me is systems that work better than old corrupt systems.

      Plainly Uber does a better job overall than cabs, or people would not use them.

      How do you define better? They more efficiently match up drivers and riders? Their prices are lower? I would guess these are what you mean. People will be attracted to lower up-front costs.

      What about externalized costs? Background checks, auditing of drivers, maintenance requirements... all those "regulations" and "overhead" cab companies endure to remain compliant with laws and provide safety and security to passengers - do you think Uber would have the same rates and responsiveness (and number of participating drivers) if they had the same practices? I don't know enough about the answers to these questions, and frankly, I don't care. I do think you're comparing apples and oranges, and the plaintiff is trying to have Uber bring in some supervision and regulation of its fleet on par with conventional taxi services. Maybe they should, maybe not. Doesn't mean to me that there's an automatic winner and loser in that discussion.

      Slashdot regularly lambasts fossil fuels for spreading costs to the populace, but tolerates it as a "necessary" part of any innovative or new business model. This discussion group never fails to deliver.

    5. Re:It does fly, because it works better by Aighearach · · Score: 1

      Why would I need to be "hidebound" to rules? We have Direct Democracy. If the rule is so awful, you can get people that agree to sign petitions and the repeal will be on the ballot. Or you can write new rules, and get those on the ballot.

      The existing rules are by consent of the community. They are not imposed rules, they are agreed rules. If you want to change them, come to us and ask to change them, don't just violate them and throw your nose up in the air and insist your rules are better.

      We choose our rules, that isn't "hidebound" it is Freedom. You want to take that away from us, by imposing your opinions in place of the agreed system of regulation. Some places, mostly places without Direct Democracy, might cave to that. But don't expect it to standard. And expect those places to grow a backbone after they see those of us that are Free, exercising our right to local rules.

    6. Re:It does fly, because it works better by mjwx · · Score: 1

      Plainly Uber does a better job overall than cabs, or people would not use them.

      I dont think this is the case.

      Everytime I've used an Uber car it's been a lot worse than a taxi service. Unlike a taxi service, they can turn down your fare when you book one. This means trying to find one at 2 AM on a Friday night is impossible. Cars were worse than taxi's last time it was a Pug 206 diesel that looked like the interior had never been washed, smelled of mouldy socks and the driver managed to bunny hop it regularly (and it was an automatic so I'm not sure how he did it), further more, he stopped about 1 KM from my house until you gave him a 5 star rating (I got out and walked).

      What's happening is that a lot of people are pretending its better because they have an irrational hate of the existing taxi system. What will happen is that people will slowly learn that Uber has all the same problems as traditional taxi services plus a few new ones. Eventually all but the most stubborn will fall off the band wagon.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  21. Re:Rapes are an unfortunate part of Indian scoeity by arbiter1 · · Score: 1

    Um that background check only applies in the US, this happened in ANOTHER country. So this case should take place in that country instead of wasting US tax payer $$$ on a another countries court battle.

  22. They are not liable. by Karmashock · · Score: 0

    This could have happened to this person anywhere from any service.

    The only solution so far as I can see is to ban all women from using any service without a trusted male chaperone.

    I'm kidding but... what possible means of preventing this sort of thing is there besides just going full Sharia law with it?

    Ladies, part of going outside without a male protector is at some level taking some responsibility and protecting yourself.

    AND I AM NOT victim blaming. What happened to her is terrible. Rape is wrong. Rape is wrong. Rape. Is. Wrong. It is a terrible crime and anyone that is convicted of it can expect no mercy from me.

    That said, if you get raped at a taco bell... that isn't taco bell's fault so long as they followed best practices for hiring and screening employees. What are they supposed to do?

    Look, if you want to throw the book at someone, throw the book at the rapist.

    Simply going after Uber just looks like going after someone with deep pockets because you want money. And that is nearly as disgusting as the rape itself. That is right. People that use rape to make money are terrible people too.

    I don't see how Uber is responsible for the crime. Nail the rapist. Enough with the pathetic attempts to get cash.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    1. Re:They are not liable. by dell623 · · Score: 2

      There's a lot of ignorance about the incident and about India here. I don't know whether they are legally liable in the US, but their conduct is questionable. I am utterly amazed how they have avoided harsh criticism in the twittery world of people looking desperately for something to be outraged about.

      In a country notorious for being incredibly unsafe for women, they made these claims (http://indianexpress.com/article/india/india-others/in-mumbai-it-bragged-our-quality-checks-most-rigorous/):

      "“Globally and especially in India, Uber is working towards making urban transit safer for women. Let me tell you, it’s one of our biggest concerns and we’re doing a number of things to drive that agenda. “In addition to their individual employers screening them, each of our driver partners are put through a rigorous quality control process, that is implemented religiously across the country even before a partner gets behind the wheel of your vehicle. In fact screening for safe drivers is just the beginning of our safety efforts. ”Our process includes prospective and routine checks of drivers’ license and vehicle records to ensure ongoing safe driving. Unlike the taxi industry, our background checking process and standards are so detailed, it is often more rigorous than what is required to become a taxi driver. Moreover, most of our partners are introduced to us via our preferred partners, which means that someone in the system has to vouch for their track record, creating a referral system of trust.”

      They hired a driver with a long criminal record based on a forged police certificate. http://timesofindia.indiatimes...? No way in hell does an unverified piece of paper count as a comprehensive background check in India, and you would damn well know that before making claims like the ones above. Especially when you specifically claim to provide a safe option for women.

      Then they ignored a complaint about the same driver by a female customer days before the rape: https://au.news.yahoo.com/worl...

      I cannot go on about the kind of red flags this should have set off.

      Also, http://www.dnaindia.com/india/...

      "Uber users can see the name, photo and phone number of the driver when booking a cab. However, in this case, the driver's phone was not registered in his name making it harder to trace him."

      Their GPS tracking works via the drivers phone and the customers phone with the app installed. It's worthless, anyone who wants to circumvent it can.

      They came to a country where women desperately need a safe mode of transport, made explicit claims about providing a safe service for women, and were utterly callous and negligent and deceptive.

      As I said, I don't know about legal liability, but please find out more before making 'cars don't rape people, people do' posts.

      All the sources I have quoted are newspapers with very decent standards of journalism. Don't go by the page 3 stuff on their sites - major Indian newspapers often have tabloid page 3 crap comparable to the worst tabloids, but their journalistic standards while far from impeccable are way better than say Fox News.

    2. Re:They are not liable. by Karmashock · · Score: 0

      Sounds like women shouldn't be accepted as customers... Easy solution.

      Here is my point. Rapists exist. If some guy is forging documents etc then it is quite likely that you are going to get through a low security employee screening system. Would you get through a high security screening system? No. But we're talking about f'ing cab drivers here... not nuclear scientists.

      If you're requiring a high level of screening, then I have to ask are people doing that throughout the rest of Indian society? Is every business putting their employees through a comparably harsh screening process? Because that certainly doesn't happen in the US or Europe. And if you want to talk about cab drivers, then hey... our dodgy cab drivers have become a running joke in the US.

      But maybe India has much higher standards for employment in a cab company then in the US. I really wouldn't know. I rather doubt it but it is possible.

      Is it a tragedy this woman was raped? Yep. Same with people that get murdered or robbed or assaulted in anyway. Always a tragedy. But if the company does due diligence in keeping with local practices and best practices AS IS REASONABLE... then they are not liable. That falls under the heading of "shit happening".

      Now your allegation here is that their screening process was lax and yet you admit that the guy forged documents. You're saying forging documents shouldn't work but forging documents actually frequently does work. A good forgery can pass inspection in most cases. Prior to digital checks good forgeries could be effective for decades. And even with digital checks, a lot of identity theft happens in the US where illegal immigrants will steal someone's identity, take out loans, etc. And they do it with forgeries and other assorted fraud. There are a lot of businesses in the US that are required to have citizenship checks to hire people. And guess what... illegal immigrants work for them all the time because the IDs can be stolen and faked if you know how the system works.

      So you're saying this guy had some forged documents? That right there makes it very hard to verify his identity or background unless you do a really serious check of the kind that I really doubt many businesses in India ever do.

      What makes me further dubious about this whole thing is that Uber is a direct threat to the existing cab companies. We've seen a rash of false law suits etc be thrown at Uber over the last year or so mostly by these cab companies. I'm sorry... a lot of people have cried wolf. And that has a price. I am now skeptical by default as a result when I hear this stuff. It all is very convenient for the existing cab companies which I really doubt have superior screening protocols.

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    3. Re:They are not liable. by K.+S.+Kyosuke · · Score: 1

      I'm kidding but... what possible means of preventing this sort of thing is there besides just going full Sharia law with it?

      And how would that prevent rapes?

      --
      Ezekiel 23:20
    4. Re:They are not liable. by Karmashock · · Score: 1

      Well, theoretically she'd only be raped by family members or whomever her arranged husband was... but I'm assuming getting raped by random cab drivers is less practical under Sharia law. Because they're escorted by men all the time. Right?

      Look, my point was that under any circumstances there are going to be rapes. ONE rape is not cause to change anything. If you get a pattern that is statistically excessive then you have a problem. But if it is the normal rapey background noise then how is that the company's fault?

      Again... if you want it to go to zero, then you have to segregate the sexes. Which I'm all for if only because I think it would be funny. I'd love to see a town that was 100 percent women all the time. I think it would be an interesting anthropological experiment. There are already 100 percent male towns. Typically remote mining towns and lumber towns. But they do exist. I don't know of a single all female town anywhere in the world. I know of some female matriarchies. I know there is one in south america. I forget where. But they have men... they're just not in charge.

      Anyway, so long as the sexes mix... occasionally a dude is going to rape a chick. it is going to happen. Just do your best to make it infrequent and punish the perp.

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    5. Re:They are not liable. by unixisc · · Score: 1
      1. India is not a Muslim country, thankfully
      2. Sharia law means a woman needs 4 witnesses to prove that she was raped. Otherwise she'd be guilty of adultery & then jailed.

      What exactly are you smoking?

    6. Re:They are not liable. by Anonymous Coward · · Score: 0

      1) India is a filthy shit hole full of dishonest smelly people
      2) Indians are rote learners, incapable of any sort of innovative thought
      3) Indian males seem to live to rape women, I never feel safe around them

      They're subhuman as far as I'm concerned.

    7. Re:They are not liable. by Anonymous Coward · · Score: 0

      Anyway, so long as humans mix... occasionally sex ... is going to happen.

      FTFY.

      So... in your world men don't rape men, women don't rape women, and women don't rape men? Interesting perspective, but rather naive. You suggest segregation as the solution to rape. This, again, seems naive to me: in single-sex situation rape would be, if anything, more common (especially between men) due to the inability to release sexual tensions in a more socially accepted way.

    8. Re:They are not liable. by Karmashock · · Score: 1

      No captain strawman. I didn't say people don't rape people. I said quite clearly that they do and that is bad. I said instead that a certain amount of rape just like a certain amount of murder is unavoidable. People are going to do bad things to each other on occasion.

      In the event you're talking about my sexual segregation idea which was a joke... in that case the sexes would be segregated... so men could rape men and women could rape women but neither sex could practically rape the other.

      Seriously, anyone know of a town that is 100 percent female all the time? Just curious. I know there are some all male towns. Again... remote mining and lumber camps. But I am curious if there are any all female towns anywhere in the world. I think it might be anthropologically interesting to see how an all female community is structured. And if none exists anywhere, then that would be additionally interesting.

      Doubtless it is the patriarchy... damn patriarchy. :)

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    9. Re:They are not liable. by Karmashock · · Score: 1

      1. it was a joke.
      2. well that's another way to deal with rape allegations I guess.

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    10. Re:They are not liable. by bhagwad · · Score: 1

      This could have happened to this person anywhere from any service.

      Nope, it wouldn't have happened if this person used a service that ACTUALLY conducts background checks instead of promising them and not conducting them. This guy was a serial rapist and their "background check" did fuck all. So no...this wouldn't have happened to a service that did their job.

      The only solution so far as I can see is to ban all women from using any service without a trusted male chaperone.

      The solution is to conduct actual background checks. As the PROMISE they will.

    11. Re:They are not liable. by Karmashock · · Score: 1

      And which services in India perform these checks? Not just says they do but actually does them?

      As to what Uber does in india, I've seen nothing that shows me that they conduct less then their competitors. Are you saying the indian cab companies conduct more extensive background checks, verify documents, and make sure that there aren't forgeries?

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    12. Re:They are not liable. by bhagwad · · Score: 1

      The next time you're on a murder trial, try telling the judge "But...but...other people murder too!" See how well that works out for you.

      This case is about Uber. No one gives a damn about other cab companies. The culpability of Uber is not diminished by whether or not other people are doing the same thing. Guilt is not determined by what other people do. If Uber promised stringent background checks, and then did a fuckall job with no concern to ACTUALLY conduct they checks, then they are guilty period.

    13. Re:They are not liable. by Karmashock · · Score: 1

      I see, so it is appropriate to single Uber out because they have money and are a foreign company disrupting entrenched industries.

      But it isn't reasonable to point out that you're holding them to a double standard that no one else in their markets are held to?

      Let me tell you something about any competent justice system, they all have a concept of "reasonableness". If someone says "this or that is bad" you can respond "perhaps but there is no reasonable way to counter that". Reasonableness is a core tenant of any effective justice system. The instant you stop caring what is and is not reasonable is the instant you've created an erradic, unpredictable, and ultimately hostile system that no one will trust or feel comfortable with.

      Your black and white interpretation of everything is what you saw in revolutionary France during the Reign of Terror. When your sort of ethos is applied what happens is everyone is marched to the execution block and the blood flows like water.

      Be reasonable. If no one else in their industry is held to that standard, then you can change the rules... apply them to everyone... and if Uber fails to update their policies to keep up with local customs then you can dock them. However, singling out a new player in a market for doing things no differently then the established players merely reeks of corruption.

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    14. Re:They are not liable. by bhagwad · · Score: 1

      It is absolutely appropriate yes. If Uber is guilty, they can be sued. It's not a legal defence to say "Oh! Others do it too!!"

      You claim it's a double standard. If so, show me where another company was taken to court for something like this, and the court found them innocent. Then you can claim double standards.

      So you want to talk about "reasonableness". Excellent. Let's talk about "reasonableness". Do you think it's "reasonable" to conduct a stringent...STRINGENT...background check and let a serial rapist with a police record go through? Trust me...no court in the land will call that a "reasonable check".

      Uber claims to be above the standard. Read their advertising. Their whole business model is that they are SAFER than other companies. So yeah - let's talk about "reasonableness". I'm ready.

    15. Re:They are not liable. by Karmashock · · Score: 1

      So... if there is a law on the books that says you can't wear orange on an alternate tuesday... and the law has never in 1000 years ever been actually applied.

      Then you make a police officer mad... and he responds by arresting you for it.

      That is just fine?

      See... reasonableness is the key here.

      If it is reasonable to apply the law to Uber, then fine. Apply it. If it is NOT reasonable then do not.

      I argue that it is not reasonable to single out a new comer to an industry to meet a standard that existing companies in that industry have never really had to meet.

      You disagree... Because... you don't believe in being reasonable. You're not a reasonable person. And since you're not a reasonable person, it is literally impossible to reason with you. Which means having any kind of discussion with you where reason is relevant becomes impossible.

      Sorry... you're crazy.

      Good day.

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    16. Re:They are not liable. by bhagwad · · Score: 1

      Umm...yes. That IS fine. That's how the law works. And if you'd like to learn more, please read up on several court rulings which convict people for laws on the statute books even if no one has used them for a long time. I'm sorry, but your factual knowledge here is simply not in accordance with reality.

      In any case, we are not talking about defunct laws here. Consumer protection laws are used in India all the time, and in every state. The fact that specific cab companies have not been sued under it is no reason to claim that these are out of date or defunct laws as implied in your original post. That is what is known as a false analogy, which doesn't work out even if we give in to the absurd proposition in the first place!

      You say it's not reasonable to single out a single company. Do you even realize how that sounds? Change has to begin somewhere. You cannot put off taking someone to court by saying "Oh, but OTHERS are also breaking the law". That is so absurd.

      If you get caught by the police for speeding, you cannot tell the judge that others were speeding and they didn't get caught. Don't take my word for it. Go try it and see for yourself :)

    17. Re:They are not liable. by Karmashock · · Score: 1

      No legal system that abandons any notion of what is and is not reasonable survives for very long. You create an atmosphere of fear that encourages bribery and corruption which ultimately makes the "law" one of making sure that the police/government officials are properly bribed. And on that basis you avoid legal troubles.

      That is what happens when reason ceases to matter... force, bribery, extortion, and coercion become the orders of the day.

      You say that in some cases given courts will apply the law in arbitrary illogical ways to suit the vested interests of given parties? I'm sure it happens... but if it becomes common, then the court becomes a joke.

      Given that I like rule of law, I must also respect what is and is not reasonable. And that is the line that divides us.

      Good day.

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    18. Re:They are not liable. by bhagwad · · Score: 1

      You seem to be indulging in wishful thinking. If you want to give your opinion on what should be the case, you are most welcome to do so. However, I am telling you what the situation is. You are entitled to your opinion, but not to your own facts.

      Now when it comes to what is "reasonable", that is a matter of opinion. I do not find it at all unreasonable that Uber is being sued. You see, that is the difference between facts and opinion. We can differ as to our subjective opinion of what is reasonable.

      But to argue over facts is illogical. I am giving you the facts. I also happen to think it's reasonable.

    19. Re:They are not liable. by Karmashock · · Score: 0

      I actually have a lot of legal background. You're a half wit. Lawyers get their clients off idiotic charges every day because some idiot police officer or bureaucrat thinks they push people around with bullshit laws.

      If you want your stupid law to be taken as credible then you're going to have to use it in more then one case. In any halfway competent legal system you could point at how no one else is every held to that standard and walk out of the court room.

      Final statement to you. Good fucking day.

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    20. Re:They are not liable. by bhagwad · · Score: 1

      Use it in more than one case...hmm...I wonder which other cab company that has openly promised stringent background checks has let a serial rapist through who has actually committed a crime.

      Hmm......

      Must be dozens right? Any references? Give me 5 such cases. Or wait. Give me just 3. Then we'll talk.

      Not to mention that consumer protection laws are used thousands of times every year. So what's your case again? And I'm sorry, there's no way you can have a decent legal background if you're so ignorant of the facts. Come...show me one court case in India where the accused has been let off simply because they were booked under an arcane (but accurate) law.

    21. Re:They are not liable. by Karmashock · · Score: 1

      So you allege that Uber is the only company in indian history to have a cab driver that raped someone?

      And do we even know if he actually did it? I mean... was he convicted? Or are you one of those "listen and believe" people that thinks due process doesn't apply to rape cases?

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    22. Re:They are not liable. by bhagwad · · Score: 1

      Who is talking about him being convicted? This is about not doing proper background checks. This is not the forum to argue over whether or not he committed this particular rape. Even without it, the case against Uber stands.

      If you claim that another cab company has promised STRINGENT background checks over and above the existing competition and has then let through a blatantly guilty person with a criminal record, you are most welcome to provide a reference.

      Till then, au revoir!

    23. Re:They are not liable. by Karmashock · · Score: 1

      And no where have you shown me any evidence that the standard you are holding them to is the industry standard in India.

      Absent that fact, Uber is at worst no worse then their existing peers in the industry. If that is the case, then going after them reeks of corruption. It looks like the same old strategy used throughout the world to keep new competition out of established industries. New guy shows up... and the existing industries bribe the politicians and officials to fuck over the new company and drive them out of the market.

      That is what this looks like at best. I can actually think of worse things going on here. But if you're only going after Uber for doing something that common in that market... then I'm calling bullshit.

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    24. Re:They are not liable. by bhagwad · · Score: 1

      I don't have to show you evidence, because the court will decide that :) .

      And I disagree. For example, just because the BJP is corrupt, does not mean that we can't take the Congress to court for corruption. It's no excuse to say "Oh, everyone's doing it!".

      Sorry, that's just not how the law works.

  23. I don't get what the problem is by Anonymous Coward · · Score: 0

    Just rate the driver one star.

  24. Cost of doing business in the US? by Anonymous Coward · · Score: 0

    If you make enough money to be high profile, you will get sued?
    I'm sure even in India rape means jail time, did she file a complaint against the actual driver with the New Delhi police?

  25. electronic hitchhiking... by Anonymous Coward · · Score: 0

    best description yet for uber.. and guess what.. it's illegal in most places in the u.s. for this very reason... IT ISN'T SAFE.

    here's your sign.

  26. Re:Rapes are an unfortunate part of Indian scoeity by angel'o'sphere · · Score: 1

    There is no taxpayer money wasted.
    You are an idiot.

    The involved parties pay for the lawsuit. Either the losing side for the total, or if the case is a draw, both their 50% share.

    --
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  27. Buyer beware by Dereck1701 · · Score: 1

    How is this Ubers fault? This is like suing a newspaper for not doing background checks on people sending/calling in classified adds when something bad happens in regards to them. Uber is just creating the meeting place for people to exchange a service, not providing the service themselves. People who use it have to recognize that fact and take proper precautions, as you would with any classified/craigslist/etc add.

    1. Re:Buyer beware by Virtucon · · Score: 1

      It's Uber's fault because they have money. That's how the justice works in our country. If you can't criminally convict somebody you hit them in the wallet. If they're poor you go after the company he works for because of his behavior. I worked on an accident case awhile back where fortunately only one person died, the driver, because it could have been much, much worse. Think fire/flames/lots of people. The vehicle he was driving was company owned and it had been so poorly maintained that the ABS system had been bypassed, the brakes were at failure point and the driver was heavily medicated while operating the vehicle. In that case the company had liability for the unsafe operation of the vehicle. The case was adjudicated in the plaintiff's favor for property damages etc. however the company went into bankruptcy so most likely no funds will ever be seen from it. The company's insurance won't pay out because of the unsafe maintenance of the vehicle and violation of laws involved. Yeah that's how the legal system works, even when you're right you get screwed.

      --
      Harrison's Postulate - "For every action there is an equal and opposite criticism"
    2. Re:Buyer beware by bhagwad · · Score: 1

      It's Uber's fault because they PROMISE to conduct background checks. So their failure to do so is misleading advertising, fraud, and, they are most definitely culpable.

  28. Interesting by ruir · · Score: 1

    I "am not happy" with my Apple products. Can I game the USA legal system to become millionaire too?

  29. Uber is still safer than taking the bus by BarbaraHudson · · Score: 1

    Have we suddenly forgotten how totally crappy public transport in India is? Where 6 men can rape a woman to death with a steel pipe in a crowded pubic bus and nobody intervenes? Or the 6 guys who raped a Swiss tourist who was bicycling? Or this copycat rape where the bus driver and bus conductor refused to let the woman off the bus, drove to an isolated spot, raped her, and 5 others also joined in? Or the police refusing to listen, instead laughing when the family tried to report their two girls missing - they were later found raped and hanged?

    Have we forgotten the Indian practice of bride burning if the wife doesn't bring what the groom and his family considers an adequate dowry with her?

    On second thought, let me rephrase that. Have we suddenly forgotten how much of a sh*thole India is if you're a woman and you're not high-caste and moneyed? The problem isn't Uber, or this crass venue-shopping. The problem is India.

    --
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    1. Re:Uber is still safer than taking the bus by Anonymous Coward · · Score: 0

      Really? Have you been to India, or for that matter anywhere else outside the USA? As much as these incidents are deplorable, it is bit too harsh to stereotype a billion plus people this way. You could write a similar paragraph about USA or any other country. There are good and bad people everywhere.

    2. Re:Uber is still safer than taking the bus by ruir · · Score: 1

      Do not be a political correct ass. The situation is so bad in india it is splashed all over the news. White woman complain regularly they cannot travel in indian cities alone without being at least groped, and even when not alone is problematic. So fuck the "stereotypes" about a nation of retards, truth is to be told.

    3. Re:Uber is still safer than taking the bus by BarbaraHudson · · Score: 1

      Nope, it's accurate as all heck. Women in India have to travel in groups for their mutual safety, even in broad daylight. And dowries and bride burning are simply barbaric practices. Typical dowries are valued by the total number of "legs: "Take my daughter and I'll throw in a stove (4 legs), fridge (4 legs), kitchen set and 6 chairs (28 legs) sofa (6 legs), and bed (4 legs)" "What, you want 60 legs? Forget it. I'll throw in a pair of goats (8 legs)."

      Even when they come to North America, the women get treated like sh*t. I have yet to see one of them where the man walks beside the woman and carries some of the bags - nope - the man walks in front, and the woman follows, carrying all the groceries.

      They tolerate it, they encourage it by tolerating lax policing and a caste system, and all but one result on the first page searching for "children raped and hanged" was about India. The other was ISIS. Not very good company.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    4. Re:Uber is still safer than taking the bus by bhagwad · · Score: 1

      This IS Uber's fault for not conducing thorough background checks as promised.

  30. Rape, not "alleged" rape. by Anonymous Coward · · Score: 2, Informative

    It is infuriating that people get the facts of this case wrong.

    1) It was rape. Period. Medical examinations after the fact confirmed it, and the rapist confessed, not only to raping this woman, but also to raping the woman in 2011, for which he was acquitted.
    2) Uber India does NOT perform background checks at all, so they are liable. There can't be specualtion as to the thoroughness of their background check process, becasue there isn't one. They claim to require a commercial permit to drive a taxi, but clearly, they don't verify the validity of such a document, because not only wasn't the rapist permitted to drive local taxis, his permit was forged.

    http://www.nytimes.com/2014/12/09/world/asia/new-delhi-bans-uber-after-driver-is-accused-of-rape.html?_r=0

  31. Re:Rapes are an unfortunate part of Indian scoeity by unixisc · · Score: 1

    Well, Uber does operate in India, and it was a Uber employee who did this rape while on the job. BART would only be responsible if one of its employees murdered a passenger on a trip b/w Hayward and SF.

  32. Not allaged rape by Anonymous Coward · · Score: 0

    Uber has stipulated the crime therefor its not allaged. "deepest sympathies remain with the victim of this horrific crime."
    Would you write allaged if it was a man whom have been a victim?