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Thread: San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down

  1. #21
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    Re: San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down

    Quote Originally Posted by Hatuey View Post
    San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down | Entrepreneur.com



    Lmao. I thought this was a violation of the first amendment? Oh my, I thought there was no legal ground for the city to shut this app down? I thought that the city has no jurisdiction over its own parking spots? I thought advertising parking spots for sale was perfectly legal because information was being sold? Well, it's good to know shills for this company have absolutely no clue what it is they're discussing. Here is the best part:



    No. Your mission is to turn a buck from property which doesn't belong to you. I'm glad San Francisco stuck to its guns on this issue. Case closed.
    Hmmm. I suppose the case will turn on whether they are selling parking spots or information about parking spots.
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    Re: San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down

    Quote Originally Posted by Hatuey View Post
    Amazon settles when told it needs to pay sales tax in Texas:

    Amazon, Texas reach deal to settle sales tax spat

    Amazon ends affiliate program in Illinois - CNET

    Apps who also share information are shut down because of a little something called functionality:

    Sorry, You Can



    Cities/states have a right to establish how public property is used by companies operating within its borders:

    Ride-share operator Lyft's New York launch hit snag



    Not just in the US, around the world too:

    China: Shanghai Bans Taxi Apps in Rush Hour

    Berlin follows Brussels with Uber ban | City A.M.
    I surrender, Mr. Hat.

    Edit: Good job.
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  3. #23
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    Re: San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down

    Quote Originally Posted by Hatuey View Post
    Demonstrably false:

    Supreme Court: Unless They Do Business Here, You Can’t Sue Foreign Companies In The US | Corporate Law Report



    If SF decided to sue this company it very well could considering the parking spots in question were located in the city and were public property of the city.



    Not really. If that were all it was, the business plan for the entire app would collapse. The transaction is entirely dependent on a person holding the spot long enough for the other person to take over it. In short, it's a business created on the exchange of public parking for money. I'll get out of the spot, once you pay for it. In short, it's public property held for a ransom.
    i stated San Francisco has no authority over a Rome based business, meaning if it operations is not in the u.s. it has no power......only the federal government has power in cases like this one.

    the long arm of San Francisco law does not reach Italy.

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    Re: San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down

    “It creates a predatory private market for public parking spaces that San Franciscans will not tolerate,” Herrera said in June. “Worst of all, it encourages drivers to use their mobile devices unsafely — to engage in online bidding wars while driving.”
    Oh, contraire, Mr. Herrera. Not only will San Franciscans tolerate it, they are the ones using it. They have embraced it.
    So that statement is false. Oh, and please, drivers are using the devices unsafely? That's what he cares about? A load of B.S. there.
    I think that they wouldn't give a crap about this if there was no money being exchanged for the information. They just can't stand that they aren't getting a cut.

    You know what will be next? S.F. will come out with its own app, or partner with these people, and get a piece of the action. Then, all of a sudden, they will have no problem with it, even as people crash into each other as they madly bid for spaces.
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    Re: San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down

    Quote Originally Posted by ernst barkmann View Post
    i stated San Francisco has no authority over a Rome based business, meaning if it operations is not in the u.s. it has no power......only the federal government has power in cases like this one.

    the long arm of San Francisco law does not reach Italy.
    Not only is that false. It makes me question whether you know anything about American law. SF can sue MonkeyParking in SF, CA, USA because what was being exchanged was SF property. The federal government is entirely irrelevant and this has been demonstrated by SCOTUS:

    World in US Courts Special Edition: January 2014 - New US Supreme Court Decision Limits Suits Against Non-US Corporations | Orrick, Herrington & Sutcliffe LLP - JDSupra

    Daimler sought to have the case dismissed for lack of jurisdiction over it in California. There are two ways to establish such jurisdiction. The first is to show there is “general personal jurisdiction” over the defendant, which generally requires that the defendant have contacts with a forum that are continuous and substantial. If general personal jurisdiction exists, the defendant may be sued even if the claim relates to activities and injuries having nothing to do with the forum where the suit has been brought. The second method of establishing personal jurisdiction is to show “specific personal jurisdiction.” To do so, the plaintiff must demonstrate that the facts giving rise to the claim themselves bear a sufficient relationship to the forum.
    Are you seriously going to argue that San Francisco doesn't have a right to sue a company in a case where the facts are entirely based within San Francisco's jurisdiction and dependent on SF public infrastructure? Seriously? Jurisdictions have a right to sue/dictate laws within their borders. Get used to it.
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    Re: San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down

    Quote Originally Posted by Hatuey View Post
    Not only is that false. It makes me question whether you know anything about American law. SF can sue MonkeyParking in SF, CA, USA because what was being exchanged was SF property. The federal government is entirely irrelevant and this has been demonstrated by SCOTUS:

    World in US Courts Special Edition: January 2014 - New US Supreme Court Decision Limits Suits Against Non-US Corporations | Orrick, Herrington & Sutcliffe LLP - JDSupra



    Are you seriously going to argue that San Francisco doesn't have a right to sue a company in a case where the facts are entirely based within San Francisco's jurisdiction and dependent on SF public infrastructure? Seriously? Jurisdictions have a right to sue/dictate laws within their borders. Get used to it.
    the company which is in Italy , and its operations would be commerce...

    only the federal government can deal with foreign commerce.....states are prohibited.

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    Re: San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down

    Quote Originally Posted by ernst barkmann View Post
    Italy, and its operations would be commerce...

    only the federal government can deal with foreign commerce.....states are prohibited.
    Are you sure?

    I would have to read that part of the constitution again, but I believe it bans the states only from interstate commerce. Not foreign commerce.

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    Re: San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down

    Quote Originally Posted by Lord of Planar View Post
    Are you sure?

    I would have to read that part of the constitution again, but I believe it bans the states only from interstate commerce. Not foreign commerce.
    i will rephrase....

    if the company and its operations are not in the u.s...but only its app is being used in the u.s. states cannot get involved in its foreign commerce.

    San Francisco cannot order by their local laws, anything on a Rome company.

    To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;<----- power of congress

  9. #29
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    Re: San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down

    Quote Originally Posted by Jack Hays View Post
    Hmmm. I suppose the case will turn on whether they are selling parking spots or information about parking spots.
    They hire people to hold the parking spots hostage while drivers bid on the spaces. They're not selling information, they're selling the use of property that doesn't belong to them.

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    Re: San Francisco Says Enough Monkey Business: Tells Parking Spot App to Shut Down

    Quote Originally Posted by ernst barkmann View Post
    Italy, and its operations would be commerce...
    LMAO, Italy doesn't have any operations here. A private corporation does.

    only the federal government can deal with foreign commerce.....states are prohibited.
    Lmao, you don't even know what you're arguing. Here it is:

    Quote Originally Posted by Commerce Clause
    "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
    Italy, the sovereign state of Italy, isn't involved in this case in any way. This is strictly a matter of a city regulating the usage of its public property by companies. Where they are located is irrelevant. A US company wouldn't have a right to do this anymore than an Italian company does.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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