tag:blogger.com,1999:blog-1564958057737541664.post2717684494158200045..comments2024-02-14T17:11:22.168-08:00Comments on On Bicycles, and.... what else is there?: Strava: the Flint lawsuitdjconnelhttp://www.blogger.com/profile/01484858820878605035noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-1564958057737541664.post-113070022996040582012-06-26T09:00:16.837-07:002012-06-26T09:00:16.837-07:00Nice, rational analysis (a breath of fresh air com...Nice, rational analysis (a breath of fresh air compared to the rambling on the forums about this topic).<br /><br />With regards to the 'uh-oh' emails Strava sends out when someone steals your KOM: interestingly they recently changed it to something like:<br /><br />"You just lost your KOM on XXXX to XXXX by X seconds.<br />Get out there, be safe and have fun!<br />-Your friends at Strava"Dirk dBhttps://www.blogger.com/profile/09228107324470307011noreply@blogger.comtag:blogger.com,1999:blog-1564958057737541664.post-5378000447705199442012-06-25T05:52:50.448-07:002012-06-25T05:52:50.448-07:00Robert: it doesn't surprise me you asserted th...Robert: it doesn't surprise me you asserted the mean value theorem :). Anyway, I'm not a lawyer, so I can't comment on how the legal system works, but rather on what seems to have a rational basis, and civil suits it seems are based to a large degree on the law for guidance to what behavior is reasonable. Compared to the standard applied to most activities, driving a car at all would be considered reckless, for example, but because it's legally sanctioned and generally accepted as necessary a high tolerance is applied there.<br /><br />The reason I use the "contests of speed" law here is this is a line which was clearly drawn in the vehicle code. An extra effort was made to draft the legislation so it excluded bicycles. There's nothing intrinsically reckless about racing bikes, so setting up a sight which allows people to asynchronously race their bikes against each other is not intrinsically reckless.<br /><br />Free speech can be damaging. If I set up a sight where people can freely speak, there is a statistical certainty that this will be used for libel and slander. If I facilitate the dissemination of speech, it can clearly be argued that I am therefore promoting libel and slander. But newsgroups, forums, and social media thrive today despite this. Strava is no different: it facilitates a legal activity which can be abused. If someone publicly posts that my mother is a gerbil on Twitter, I don't sue Twitter. <br /><br />I think a similar argument could apply here. This would be different if Strava had designed the route down South Park and had rewarded prizes for the fastest riders.djconnelhttps://www.blogger.com/profile/01484858820878605035noreply@blogger.comtag:blogger.com,1999:blog-1564958057737541664.post-88808626557493045442012-06-25T03:36:04.086-07:002012-06-25T03:36:04.086-07:00I'm not sure this is the right analysis. The l...I'm not sure this is the right analysis. The lawsuit is a civil lawsuit, not a criminal case. In addition, even though bikes are not motor vehicles, they are supposed to follow other laws that apply to vehicles in general, and that would include speed limits. The speed limit on Centennial is 25 mph, and the mean value theorem says if you covered the distance between the botanical garden and Fricke field in 1:00, that's proof you exceeded the speed limit.Roberthttps://www.blogger.com/profile/08336037087994407943noreply@blogger.comtag:blogger.com,1999:blog-1564958057737541664.post-56674353055325205752012-06-22T08:20:39.464-07:002012-06-22T08:20:39.464-07:00Interesting point. Obviously Kim didn't recei...Interesting point. Obviously Kim didn't receive such emails.<br /><br />But perhaps it <i>would</i> be more responsible if emails instead said, "Riding in a safe, courteous predictable, and legal fashion, if conditions and present health allow, you might, at your own discretion, will, and initiative, assuming full responsibility for the result of your actions both to yourself or to others, show them who's boss!"<br /><br />I wonder how universal the law is about "contests of speed". Is there anywhere where they are not illegal for motor vehicles, or where they are illegal for cyclists?djconnelhttps://www.blogger.com/profile/01484858820878605035noreply@blogger.comtag:blogger.com,1999:blog-1564958057737541664.post-78165269075803634152012-06-22T00:10:06.093-07:002012-06-22T00:10:06.093-07:00I've been thinking a bit about this news latel...I've been thinking a bit about this news lately whilst on rides with friends. Firstly, I am not aware of all the legalities in CA, or the USA for that matter - I'm from Australia.<br /><br />I'd be interested to know if the case has much to do with the feature that Strava introduced a couple of months ago. I started receiving emails in the following format:<br />"<br />: Hey mat,<br /><br />You just lost your KOM on XXXX to XXXX by X seconds.<br /><br />Better get out there and show them who’s boss!<br /><br />-Your friends at Strava<br />"<br /><br />I wonder if these emails in some way endorse, or incite riders to get out there and compete and what the legal ramifications are of this,<br /><br />MatAnonymoushttps://www.blogger.com/profile/05957860047958299045noreply@blogger.com