Live data from Hacker News

Copyright infringement by German contact tracing app

github.com

71–80 of 164 posts

Re: Copyright infringement by German contact tracing app

#71
I have never used a contact tracing app before. I never leave the house with my phone, and when I arrive at the pub, I get funny looks when I say I can't scan their barcode because I don't have a phone. This pandemic is just further enforcing the idea that you need a phone to operate in this world...

Re: Copyright infringement by German contact tracing app

#72

Earlier quoted context omitted.

Not of the fine is set to be a ratio or proportion of your wealth or income.

You might be getting closer but someone who is just barely making ends meet could be ruined by that, where someone with obscene wealth can lose even 10% and still buy a yacht minutes later.

One could always establish a minimum-living income that was immune to fines based on ratio of income, or consider specific expenditures to be protected from the calculation (e.g. rent or cost of travel to work). However, I can see how that could eventually lead to the truism becoming "If the penalty for a crime is an income-ratio fine, then that law only exists for the middle class, and not for the lower or upper class" which would be... interesting.

Re: Copyright infringement by German contact tracing app

#73

Earlier quoted context omitted.

You might be getting closer but someone who is just barely making ends meet could be ruined by that, where someone with obscene wealth can lose even 10% and still buy a yacht minutes later.

One could always establish a minimum-living income that was immune to fines based on ratio of income, or consider specific expenditures to be protected from the calculation (e.g. rent or cost of travel to work). However, I can see how that could eventually lead to the truism becoming "If the penalty for a crime is an income-ratio fine, then that law only exists for the middle class, and not for the lower or upper cla…

When it comes to civil litigation, the poor and insolvent are already often considered judgment-proof [1]. So you could say we already have a little of that “laws exist only for the middle class” scenario.

1: https://en.wikipedia.org/wiki/Judgment_proof

Re: Copyright infringement by German contact tracing app

#74

Earlier quoted context omitted.

Not of the fine is set to be a ratio or proportion of your wealth or income.

You might be getting closer but someone who is just barely making ends meet could be ruined by that, where someone with obscene wealth can lose even 10% and still buy a yacht minutes later.

Sure, but if you have nothing you can't make amends for damages either.

Re: Copyright infringement by German contact tracing app

#75
post #19
post #12

Earlier quoted context omitted.

Luca is a cash grab, and maybe more sinister. Since the CWA - the official contact tracing app - switched to not collecting a central database that could be misused we have conservative politicians firing against it. "We give too much importance to data privacy", of course without being able to mention a single feature that the privacy protecting app is missing. Now Luca arrived, with some semi-prominent advocates, a…

> (you will never see a bribe in everyday life) That's not true, you can see lot of small bribes in normal day-to-day transactions. Almost every single technician I met (for internet installation, electricity, washing machine installation, etc. Even insurance brokers) offered me to pay them cash directly to get some benefits or falsify some recorded data.

Most common bribes I see is when I go to some countries and I am expected to pay an undisclosed fee to get better service. My anti-bribery training mentioned how these are often quite normal, and dressed up in terms like "facilitation fee", or "tip", but that if I were to pay such a fee I'd be breaking UK law.

Re: Copyright infringement by German contact tracing app

#76
post #66

Earlier quoted context omitted.

Matters in that its not the government but a private company violating copyright.

The other "official app" ("Corona Warn App") is also not developed by the government or any government-employed developers. That distinction is no distinction. "Official" means that the government has adopted it and given it a special status. The federal government and state governments have endorsed the Corona Warn App. No special privileges in lockdown are connected to it. No special use by public health authoritie…

There is a big difference between commissioning a product (work for hire) and buying a product that has been already developed.

The federal government actually owns the IP of the Corona Warn App. Luca is merely licensed by various state and local governments. You can’t expect the buyer of a software to assume responsibility for copyright violations. It’s like blaming someone for a (hypothetical) copyright violation in Windows because they sell a server that has Windows pre-installed.

Re: Copyright infringement by German contact tracing app

#77
post #64

Earlier quoted context omitted.

Yeah, but he can only do that a few times. It's a much, much better system than what we have today for most things. Of course, it hinges on being able to tell how much income they have, which is (at least in Germany) the hard part, as the defendant is not required to help.

The tax authority generally has that data.

And that generally does not matter, as the DA/judge will estimate the income based on available information. They will usually _not_ involve the tax authority, won't check your bank account etc. If their estimate is too high, you can provide information showing your actual income. If it's too low (which it usually is, because they're conservative in those estimates), you smile and walk out, having saved (a lot of) money.

Re: Copyright infringement by German contact tracing app

#78

So when does this app get banned from the Google Play Store and Apple App Store? They clearly violate some terms of service... if legit apps get banned then why not this behaviour?

I think even Google and Apple would have to think twice about banning a state sponsored COVID-19 tracking app.

Re: Copyright infringement by German contact tracing app

#79
post #35

Earlier quoted context omitted.

Address != location. My address is no secret, where I was last friday night (and tuesday morning) is.

Sure, but the Rundfunkbeitrag has no need for your current location, they just need to know which apartment you're registered at.

If they decide that you don't pay the license fee (doesn't matter if you really do), your live location will be beyond useful. They absolutely have the budget to implement the most invasive and abusive debt collection solution.

Re: Copyright infringement by German contact tracing app

#80
post #21

Earlier quoted context omitted.

> dream scenario of a new location registry of every move of the population Not only politicians, I assume entities like Rundfunkbeitrag, Schufa, conuntless Inkasso will pay fortune to access such data. > Very low corruption at the lower level of society [...] Incredible high amount of corruption and incompetence in the higher spheres This is incredibly shocking for an newcomer to Germany. One swiftly hits the ceilin…

> Rundfunkbeitrag They already get your location (edit: I mean address here) when you register to the local administration (Anmeldebescheinigung).

They somehow get this before Anmeldung, I lived in my apartment for 2 years before officially registering and received Rundfunkbeitrag letters + frivoulous copyright infringement notices (from a previous apartment).
Post reply on HN