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Uber gets sued over alleged ‘Hell’ program to track Lyft drivers

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Re: Uber gets sued over alleged ‘Hell’ program to track Lyft drivers

#131

Earlier quoted context omitted.

I have to wonder how much business/competition experience some of these guys replying to you have. Tech people live in a bubble. Because our skills are in high demand and there's a pretty strong natural aptitude barrier limiting the number of new competitors, our experiences competing in the tech bubble can be very misleading. It's a dog-eat-dog world out there. If you are lazy about competing, or trying to "go easy"…

how are you supposed to compete if you can't see what your competitor is doing? Well, that's the issue, isn't it? I had your mindset going into this, but Uber is getting sued for exactly that, and public opinion is (apparently) strongly against the idea that you should use your competitor's API's at all. So how do you look objectively at this and conclude "Well, even though a popular company is now being sued for thi…

>Well, that's the issue, isn't it? I had your mindset going into this, but Uber is getting sued for exactly that, and public opinion is (apparently) strongly against the idea that you should use your competitor's API's at all. So how do you look objectively at this and conclude "Well, even though a popular company is now being sued for this, and all of my friends would think less of me for doing this, I should go ahead and do it anyway"?

PR is a thing because public opinion is extremely fickle. Most people are going to go wherever the wind is blowing.

You can see this readily on HN (and most other social media). The tone of the title and the first several comments set the tone for the entire thread. You can post the same comment in two different threads, one that started with positive comments and a neutral or positive title and one that started with negative comments/title, and find your comment +5 or +10 in the thread it aligns with and -1 or -3 in the thread it doesn't (this is particularly true on controversial topics).

This is also true of survey design. The way the questions are framed and phrased and the surrounding context of the survey has a huge effect on people's responses to the same fundamental question.

So I wouldn't worry too much that this is unpopular when it's framed as the big bad dominant player getting sued by the sweet innocent upstart for lurking under the covers, when the title calls the program "Hell", and when the larger context has been a flurry of negative press for Uber over a variety of topics during the last few months. Consider a few alternative framings, especially if you swap Uber and Lyft's positions, and you'll see that the hubbub is not really related to the actions alleged.

All in all, people prefer to believe nice, soft things as opposed to true, hard things. The powers that be take full advantage of this to socialize people away from meaningful competition or resistance.

It's very common for people to loudly oppose a tactic and work to cast it in a negative light while they quietly go about practicing it. The negative publicity they drum up deters a lot of potential competitors from using the same tactics and makes people unlikely to believe that they're engaging in something they "fight so hard against". With a little diversionary work, it's rare for these things to get blown open.

>the reply was "No, it's actually really easy to believe that Lyft isn't tricking Uber's computer systems into giving Lyft real-time info on Uber's drivers and fare prices. Please stop trying to make excuses for Uber's shitty behavior." And that's probably a fair reply.

I would speculate that this reply is solely about the poster satisfying his own ego. There is no content aside from "nuh-uh".

It might be easy for the naive to believe that everything is puppy dogs and rainbows, but after they get out there and give it the old college try, they'll quickly learn that it's not and either retreat into the cocoon of wage slavery or try harder next time.

>Is it just a coin toss? Is there an objective way to navigate these questions? It feels important to figure out answers to this kind of thing.

There is no hard formal definition. There isn't a way to compile it. The closest thing we have as a fundamental baseline is the law, but the law itself is up for interpretation and has many contradictory components, as we all know.

That's not to say that there aren't some moral absolutes, but ultimately, each person must find lines of comfort for himself independent of the commentary, because as discussed above, that commentary/outrage is more likely manufactured by enemy action than anything else. pg discusses this some in his essay on taboos [0], which you will probably find thought-provoking if you haven't read it yet.

I mention the tech bubble because stepping outside of it is shocking, and we have to manually internalize some of these harder lessons about human nature that others have to learn and accept immediately.

Why do so many software engineers have a disastrous run at getting promoted to management before falling back and telling everyone they're just more comfortable with code? Because as soon as they enter a field where there isn't a compiler to give a binary yes/no to their work product, perception becomes the primary field of battle.

That's a hard to place to live for someone who is used to meritocracy. You soon discover that you're vulnerable to all sorts of machinations and weaponry that you hadn't really noticed before. You notice that people will respond to you in very strange ways that have nothing whatsoever to do with the chain of events that lead to it, demanding a type of reasoning that departs hugely from what we're used to when we're dealing with code.

It's easy for us to think we have all of that down until we actually get in there, and then most of us end up with our heads spinning. That's ultimately good for us because it really helps us differentiate between what people say and what people mean, and appreciate what would be politely termed as the "nuance" in human behavior.

Put simply, there is a lot of behind-the-scenes stuff that goes on to craft an illusory world for the general public. As PR and marketing become more advanced, this only increases. Don't worry so much about what people are saying, because more often than not, they're acting as mouthpieces for someone else, whether they're conscious of that or not.

[0] http://www.paulgraham.com/say.html

Re: Uber gets sued over alleged ‘Hell’ program to track Lyft drivers

#132

Earlier quoted context omitted.

I think the relevant part that distinguishes whether it's ethical is whether you are deceptively taking advantage of another party. If Uber wouldn't be willing to tell Lyft what they are doing with their API, and Lyft would stop them if they knew, then that's a good signal that it's not very ethical to do it. (Of course, if you're a consequentialist, then you might still like the action if it were serving some greate…

Lyft is making this information available to anyone who signs up and accesses it, there's no subterfuge going on. They didn't plant a mole in Lyft to send them secret internal documents. They didn't steal their code and copy its innovations. The mere fact that Lyft "would [try to] stop them" makes it immoral? How does that work? Is it immoral if I watch tapes of the competing team's last football game to figure out w…

As a baseline, deception is immoral. If you want to be deceptive, you should have a good reason. Your winning a zero-sum game isn't a reason anyone else should be happy about.

In the football tapes example, I don't think there is anything deceptive happening, because everyone understands that other teams are doing this. However, if it were explicitly against the rules or implicitly against established norms to review other team's tapes, doing so and not telling the other teams is deceptive and wrong.

I think I disagree that there was no subterfuge in the Lyft case? I don't actually know this, but I assume that if Lyft knew this was happening, they would behave differently, and if the drivers knew this was happening, they would behave differently.

If you do something that you know a lot of other people would care a lot about, it is in my opinion your responsibility not to try to conceal it from them. If it's not difficult, as in this case, you should notify them explicitly.

Re: Uber gets sued over alleged ‘Hell’ program to track Lyft drivers

#133

Earlier quoted context omitted.

I think the relevant part that distinguishes whether it's ethical is whether you are deceptively taking advantage of another party. If Uber wouldn't be willing to tell Lyft what they are doing with their API, and Lyft would stop them if they knew, then that's a good signal that it's not very ethical to do it. (Of course, if you're a consequentialist, then you might still like the action if it were serving some greate…

Lyft is making this information available to anyone who signs up and accesses it, there's no subterfuge going on. They didn't plant a mole in Lyft to send them secret internal documents. They didn't steal their code and copy its innovations. The mere fact that Lyft "would [try to] stop them" makes it immoral? How does that work? Is it immoral if I watch tapes of the competing team's last football game to figure out w…

Oh please, like Lyft doesn't have Terms of Service for their API and like Uber doesn't have a legal department full of people whose; job is to study such things.

Is it immoral if I watch tapes of the competing team's last football game [...]

No, because they can do the same withyour last game. It's called a level playing field, which is clearly a foreign concept to the people who work at Uber.

What makes your competitors pleasure a barometer of morality? Almost always, winners are going to be happy and losers are going to be sad. Is it immoral for anyone to win or lose?

There's more to competition than the zero-sum variety.

Re: Uber gets sued over alleged ‘Hell’ program to track Lyft drivers

#134

Earlier quoted context omitted.

It’s not a fine line: signing up for a Lyft account requires explicitly agreeing to a ToS, which is a legally-binding contract.

Are you sure you've fully read and understood every ToS for every product you've ever signed up for, and also never violated any clause? I know that this is a different situation, because you could make the argument that if you're a business, you'd better fully read and understand every clause of every ToS. But it was difficult to integrate that mentality when we, as consumers, don't treat ToS's as legally binding. A…

You shouldn't need an ethics course in a university to think ethically. I've never taken one. Moral philosophy is something you either care about or don't. If you do care, it's easy to refine your thinking through the use of books by debating, though the latter is slow.

The simple question 'would I be pissed off if I were on the other side of this situation?' will get you halfway home in almost every case. It is your responsibility as a sentient being to make moral decisions, otherwise you're just half alive.

Re: Uber gets sued over alleged ‘Hell’ program to track Lyft drivers

#135

Earlier quoted context omitted.

I think the relevant part that distinguishes whether it's ethical is whether you are deceptively taking advantage of another party. If Uber wouldn't be willing to tell Lyft what they are doing with their API, and Lyft would stop them if they knew, then that's a good signal that it's not very ethical to do it. (Of course, if you're a consequentialist, then you might still like the action if it were serving some greate…

Lyft is making this information available to anyone who signs up and accesses it, there's no subterfuge going on. They didn't plant a mole in Lyft to send them secret internal documents. They didn't steal their code and copy its innovations. The mere fact that Lyft "would [try to] stop them" makes it immoral? How does that work? Is it immoral if I watch tapes of the competing team's last football game to figure out w…

They're making it available, but isn't it being made available under a specific license?

> Is it immoral if I watch tapes of the competing team's last football game to figure out what plays they like to use?

Did you have to impersonate someone who's supposed to have access to it in order to watch it? That seems more like the question that would decide it.

"Because they don't want you to" is a bad way to phrase it, even if it gets to the core of things. After all, they wrote their license agreement based on what they want you to do, right?

> there's no subterfuge going on

"I want API access."

"We only give that to drivers."

"OK, I'm a driver."

"OK, here's API access"

Are you going to argue that Uber's devs could've had that theoretical conversation without being intentionally deceptive?

Re: Uber gets sued over alleged ‘Hell’ program to track Lyft drivers

#136

Earlier quoted context omitted.

I think the relevant part that distinguishes whether it's ethical is whether you are deceptively taking advantage of another party. If Uber wouldn't be willing to tell Lyft what they are doing with their API, and Lyft would stop them if they knew, then that's a good signal that it's not very ethical to do it. (Of course, if you're a consequentialist, then you might still like the action if it were serving some greate…

Lyft is making this information available to anyone who signs up and accesses it, there's no subterfuge going on. They didn't plant a mole in Lyft to send them secret internal documents. They didn't steal their code and copy its innovations. The mere fact that Lyft "would [try to] stop them" makes it immoral? How does that work? Is it immoral if I watch tapes of the competing team's last football game to figure out w…

They broke the agreement they signed to gain access to that information and intended to break that agreement from the outset.

That's outright fraud to gain access.

This isn't some kind of gray area like you're trying to pretend.

Re: Uber gets sued over alleged ‘Hell’ program to track Lyft drivers

#137

Earlier quoted context omitted.

Hey, good reply. Thanks! I think this convinced me. My issue was that I see myself as a pretty moral person, but if I were working for a startup and was tasked with "Implement a way to know how many Lyft drivers are out on the road," I could see myself doing something very similar to what Uber did, and also feeling mildly clever about it. Isn't that what we call out-of-the-box thinking? It seems like there's a fine l…

I have to wonder how much business/competition experience some of these guys replying to you have. Tech people live in a bubble. Because our skills are in high demand and there's a pretty strong natural aptitude barrier limiting the number of new competitors, our experiences competing in the tech bubble can be very misleading. It's a dog-eat-dog world out there. If you are lazy about competing, or trying to "go easy"…

It's a dog-eat-dog world out there.

That's a worldview you choose to hold because it suits your capitalistic philosophy. I've literally fought for my life in dark alleys and I don't agree with your claim - the fact that competition exists and can even be deadly does not establish it as the baseline norm of human behavior.

a lot of this socialization is provided by people who simply don't want you to become a strong competitor, and have indoctrinated this imaginary, soft, cushiony world into everyone's brains so that it's easier for them to come in and take what they want

I could just as easily say that people like yourself attempt to indoctrinate people with the notion that Darwinian competition is the unalterable way of the world in order to inculcate a combination of stoicism and paranoia that will inhibit them from coordinating with each other to limit your predatory activities. See, I can make up specious motivations for my interlocutors too.

Re: Uber gets sued over alleged ‘Hell’ program to track Lyft drivers

#138

Earlier quoted context omitted.

Yes, my understanding is that criminal prosecutions under the CFAA are relatively rare. It's primarily wielded in civil cases. It seems very unlikely that Kalanick et al would be brought up on criminal charges for this. I'm not a lawyer.

CFAA criminal charges (and the associated sentencing guidelines) were famously used as leverage against Aaron Swartz. https://www.eff.org/issues/cfaa "Even first-time offenses for accessing a protected computer without sufficient "authorization" can be punishable by up to five years in prison each (ten years for repeat offenses), plus fines. Violations of other parts of the CFAA are punishable by up to ten years, 20…

There have been a lot of cases about companies scraping data from each other. I'm not aware of any that came to criminal charges.

Swartz had illegally entered a staff-only routing closet at MIT and hard-wired his laptop into the router so he could suck down files rapidly. This is what really cast the case as a criminal thing; he was arrested fleeing MIT Police as they pursued what I suspect they only knew as "the guy who is breaking into the closet and doing weird stuff with our network". Once you're taken down on B&E, you already have a prosecutor's attention, and it's common for them to throw on all the charges that they think will stick, especially when they have high resume value like cybercrime prosecution.

Swartz was acting as an activist who had previously acknowledged the illegal nature of his actions in his stirring "Guerilla Open Access Manifesto" [0], which includes the phrase "[t]here is no justice in following unjust laws". He was also operating as an individual outside of the context of a liability shield like a corporation.

I hate the CFAA and regularly post against it on this forum, and I disagree heartily with the prosecution of Swartz. But it's not likely that those criminal charges would be replicated in a B2B scenario where a company accesses an otherwise-public resource, and the furthest they go is using a proxy to shield their identity. Many civil cases where exactly this has happened have been brought without criminal charges being filed, probably most often because the criminal chain reaction never gets activated by something like breaking and entering, as it did in Swartz's case, because personal information is not compromised/leaked, and because the behavior is usually stopped pretty dead by the lawsuit.

I assume if someone were to disobey the judge's injunction preventing them from continuing to violate the CFAA, they'd be arrested initially on contempt charges and then formal charges for breaking the CFAA may be filed.

I'm not a lawyer.

[0] https://archive.org/stream/GuerillaOpenAccessManifesto/Goamj...

Re: Uber gets sued over alleged ‘Hell’ program to track Lyft drivers

#139
post #41

Earlier quoted context omitted.

In other words, every hack is legal?

If you believe accessing a URL manually, incrementing a number in a URL, or using wget is a hack, yes. At least you'd be in agreement with the US Dept. of Justice in that. The web is open. If you put your a chair out in a public square with a sign on that back that says, "Only paying members can sit." don't be surprised when someone random sits in it.

This puts words in the mouth of the poster that the poster didn't say. The Lyft API is authenticated so it's definitely not like accessing a URL manually, using wget, or or incrementing a number. You have to sign up, get an account and then you can use it.

A better analogy would putting your chair in a private room with a locked door and sign on the door that says ask management for access to the chair. Anyone who breaks in to use that chair definitely knows they aren't supposed to be there.

Re: Uber gets sued over alleged ‘Hell’ program to track Lyft drivers

#140

Earlier quoted context omitted.

CFAA criminal charges (and the associated sentencing guidelines) were famously used as leverage against Aaron Swartz. https://www.eff.org/issues/cfaa "Even first-time offenses for accessing a protected computer without sufficient "authorization" can be punishable by up to five years in prison each (ten years for repeat offenses), plus fines. Violations of other parts of the CFAA are punishable by up to ten years, 20…

There have been a lot of cases about companies scraping data from each other. I'm not aware of any that came to criminal charges. Swartz had illegally entered a staff-only routing closet at MIT and hard-wired his laptop into the router so he could suck down files rapidly. This is what really cast the case as a criminal thing; he was arrested fleeing MIT Police as they pursued what I suspect they only knew as "the guy…

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