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Electric Scooter Rental Service Bird Sent a 'Notice of Claimed Infringement' To a News Site For Reporting On Lawful Re-use of Scooters (eff.org)

Bird, an electric scooter rental company, sent a "Notice of Claimed Infringement" to news blog Boing Boing for reporting about people doing legal things that Bird does not like. EFF reports: Electric scooters have swamped a number of cities across the US, many of the scooters carelessly discarded in public spaces. Bird, though, has pioneered a new way to pollute the commons by sending a meritless takedown letter to a journalist covering the issue. The company cites the Digital Millennium Copyright Act and implies that even writing about the issue could be illegal. It's not.

Bird sent a "Notice of Claimed Infringement" over this article on Boing Boing, one of the Internet's leading sources of news and commentary. The article reports on the fact that large numbers of Bird scooters are winding up in impound lots, and that it's possible to lawfully purchase these scooters when cities auction them off, and then to lawfully modify those scooters so they work without the Bird app. The letter is necessarily vague about exactly how the post infringed any of Bird's rights, and with good reason: the post does no such thing, as we explain in a letter on behalf of Happy Mutants LLC, which owns and operates Boing Boing.

The post reports on lawful activity, nothing more. In fact, the First Amendment would have protected it even if reported on illegal conduct or advocated for people to break the law. (For instance, a person might lawfully advocate that an electric scooter startup should violate local parking ordinances. Hypothetically.) So, in a sense, it doesn't matter whether Bird is right or wrong when it claims that it's illegal to convert a Bird scooter to a personal scooter. Either way, Boing Boing was free to report on it.

6 of 114 comments (clear)

  1. Title by MBGMorden · · Score: 5, Insightful

    Somehow I'm guessing they weren't familiar with the Streisand effect.

    --
    "People who think they know everything are very annoying to those of us who do."-Mark Twain
    1. Re:Title by Registered+Coward+v2 · · Score: 4, Insightful

      Somehow I'm guessing they weren't familiar with the Streisand effect.

      Exactly, and now people will see how they might get a cheap scooter. Bird (and others) now either have to keep better track of scooters and ensure they don't violate laws or risk them being impounded and sold at auction. The letter no doubt was done in hopes BB would be frightened and take it down, a standard trick with lawyer's letters where people don't know their rights or the law and a thus may comply even if they don't have to comply.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    2. Re:Title by Cajun+Hell · · Score: 5, Insightful

      They're familiar with the fact that, after twenty years, there are still not any criminal penalties for bogus DMCA notices.

      --
      "Believe me!" -- Donald Trump
  2. So, to ask again by Trailer+Trash · · Score: 3, Insightful

    Aren't these notices sworn under penalty of perjury? I know it's more fun to prosecute black kids for loitering or whatever, but it'd be so nice, just once, to see a prosecutor give a damn about this sort of stuff. And it'd only take one to make it stop.

  3. Re:Can't wait for the scooter fad to end by Anonymous Coward · · Score: 2, Insightful

    Commute distance is *MUCH* smaller in cities in Europe than it is in most cities in the US. They are MUCH more compact. *THAT* is why these are nothing more than a bullshit fad.

    I love how you guys always compare the way things are done for things like this to the US, and yet CONVENIENTLY forget to mention that there are states in the US that have almost the same area as the ENTIRE EU.

  4. Re:What is lawful about this "re-use" by b0s0z0ku · · Score: 4, Insightful

    If the neighbor's car got impounded and sold at city auction, it's perfectly legal to buy it and change the ignition keys.