Feed aggregator

Uber and Lyft rebuffed in quest to have drivers deemed independent contractors instead of employees

SAN FRANCISCO — Ride-hailing apps Uber and Lyft failed to persuade separate U.S. judges on Wednesday to rule that their drivers are independent contractors instead of employees, in cases that have wide implications for Silicon Valley “sharing economy” firms.

U.S. District Judges Edward Chen and Vince Chhabria in San Francisco federal court said in two rulings that juries would have to determine the status of each companies’ drivers.

Uber and Lyft face separate lawsuits seeking class-action status in San Francisco, brought on behalf of drivers who contend they are employees and entitled to reimbursement for expenses, including gas and vehicle maintenance. The drivers currently pay those costs themselves.

An ultimate finding against the two biggest car-ride services could significantly raise their costs beyond the lawsuits’ scope and force them to pay Social Security, workers’ compensation, and unemployment insurance.

That could, in turn, affect the valuations of not just Lyft and Uber but also other startups that rely on large networks of privately contracted individuals to provide rides, clean houses and the like.

Related

Uber declined to comment and Lyft did not respond to a request for comment on the decisions.

“We are very excited about both rulings,” said Shannon Liss-Riordan, an attorney for drivers in both cases.

Uber has raised more than $4 billion from prominent venture capital firms such as Benchmark and Google Ventures, valuing the company at $40 billion and making it the most valuable U.S. startup. Lyft has raised $331 million from Andreessen Horowitz, Founders Fund and other investors.

In Wednesday’s ruling, Chen noted that Uber has the right to terminate its drivers, and that they provide a key service for the app. Both factors weigh in favor of the drivers being considered employees.

“Uber could not be ‘Everyone’s Private Driver’ without the drivers,” Chen wrote. However, the issue is not “unambiguous,” Chen wrote, so a jury should ultimately decide.

Similarly, Chhabria acknowledged the difficulty of parsing the status of Lyft’s drivers, who share common characteristics with both full-time employees and contractors.

“The jury in this case will be handed a square peg and asked to choose between two round holes,” the judge wrote.

“California’s outmoded test for classifying workers will apply in cases like this. And because the test provides nothing remotely close to a clear answer, it will often be for juries to decide,” wrote Chhabria.

© Thomson Reuters 2015

Microsoft Corp and Apple Inc release fixes for ‘Freak’ security flaw that lets hackers spy and launch cyberattacks

Microsoft Corp. and Apple Inc. have released software updates to patch the recently discovered “Freak” web security vulnerability that could let hackers spy on communications and infect PCs and smartphones with malicious viruses.

The updates come after news of the vulnerability surfaced last week when a group of nine security experts disclosed that ubiquitous Internet encryption technology could make devices running Apple’s iOS and Mac operating systems, along with Google Inc’s Android browser vulnerable to cyberattacks.

Microsoft released its own security advisory last Thursday warning customers their PCs were also vulnerable to the “Freak” vulnerability.

Google released a fix for Android and its Chrome browser last week, which it provided to partners that make and distribute Android devices.

According to the BBC, BlackBerry has yet to issue an update to its BlackBerry 10 software to address the vulnerability.

The weakness could allow attacks on PCs that connect with Web servers configured to use encryption technology intentionally weakened to comply with U.S. government regulations banning exports of the strongest encryption.

If hackers are successful, they could spy on communications as well as infect PCs with malicious software, the researchers who uncovered the threat said.

Reuters, with files from Financial Post Staff

Intel Corp drops 4% after chipmaker slashes first-quarter revenue forecast

Intel Corp slashed its revenue forecast for the first quarter, citing lower-than-expected demand for business PCs and lower inventory levels across the PC supply chain.

The chipmaker’s shares fell 4% in premarket trading.

Intel said it expects first-quarter revenue of $12.8 billion, plus or minus $300 million. It had earlier forecast $13.7 billion, plus or minus $500 million.

© Thomson Reuters 2015

Canadian Internet customers don’t know enough about what carriers do with their data, study warns

Despite growing concerns over recent privacy breaches, Internet carriers are still disclosing too little about what they do with the personal data of their Canadian customers, a new study warns.

The report published Thursday evaluates how much 43 service providers of domestic web traffic disclose about how they collect, handle and share user information on the privacy page of their company sites, where the report’s authors, Andrew Clement and Jonathan Obar, argue people would look first if they wanted to know. They award a star – either a full or half – for each of the 10 criterion they grade, such as whether the company states where data is stored and routed, for a possible score of 10 stars.

Related

Chatham, Ont.-based independent provider TekSavvy scored the highest with a total of six stars, compared to the average of just two. Telus earned five stars, Rogers four and Bell three.

The study’s authors offer 15 suggestions to the companies and the government bodies that regulate them on what can be done to better inform the public.

“It is quite possible that a carrier may be very protective of our data, but if it is not publicly transparent about its policies and practices, on what basis can we trust it?” the authors ask. “Given that it is much easier to post statements about privacy policies and practices once formulated than to enact them, the absence of these statements strongly suggests that strong privacy protections don’t exist.”

Snapchat valuation swells to US$15-billion as Alibaba plans major investment deal

Alibaba Group Holding Ltd. plans to invest in Snapchat Inc., the mobile application for sending disappearing photos, at a valuation of US$15 billion, people familiar with the situation said.

China’s biggest e-commerce company intends to invest US$200 million, said the people, who asked not to be identified because the discussions are private.

Snapchat is part of a breed of startups with multibillion-dollar valuations, with investors lining up to offer financing. With the latest deal, Snapchat would be ranked behind only mobile car-booking application Uber Technologies Inc. and Chinese smartphone maker Xiaomi Corp., according to data compiled by researcher CB Insights. Xiaomi is pegged at US$45 billion, while Uber’s latest round valued it at US$40 billion.

“We continue to hire across the business,” Chief Executive Officer Evan Spiegel said at the Montgomery Summit in Santa Monica, California. He declined to comment on fundraising efforts, adding, “We are famous for not talking about the future.”

Snapchat, based in Los Angeles, was in discussions last month to raise US$500 million in a round of financing that could value the company at US$16 billion to US$19 billion, a person familiar with the situation said at the time. Alibaba’s planned investment would be outside of that round, one of the people said Wednesday. Alibaba declined to comment on the funding.

Alibaba was also involved in discussions last year to invest in Snapchat ahead of the marketplace’s initial public offering in September, although a deal didn’t happen. Alibaba is expanding beyond its core business of e-commerce, adding other investments such as finance and entertainment content as part of a plan to serve 2 billion customers globally.

“Alibaba has major plans to access overseas markets,” said You Na, an analyst at ICBC International Research Ltd. in Hong Kong. “They also have intentions to move into social networks.”

Snapchat lets people take and draw on photos, then send them to select friends or add them to a public “story.” The photos and videos disappear seconds after the recipient views them. The company says its users — the app is popular among teens — send more than 700 million disappearing “snaps” and view more than 500 million stories daily.

High Valuations

Spiegel started Snapchat in a Stanford University fraternity house in 2011 and turned down a US$3 billion acquisition offer from Facebook Inc. in 2013. He raised funds from 23 investors at a US$10 billion valuation last year. That increase has corresponded with a surge in venture spending to the highest level in more than a decade.

Venture capitalists pumped US$48.3 billion into U.S. companies last year, according to data from the National Venture Capital Association and PricewaterhouseCoopers.

Alibaba, founded in 1999 by a group led by former English teacher Jack Ma, held the world’s largest initial public offering when it listed in New York last year. The stock surged 38% on its first day of trade in September to US$93.89, yet fell to US$81.99 at Wednesday’s close.

A stake in Snapchat would take Alibaba’s total equity investments over the past 12 months to US$6.3 billion from 26 deals, according to data compiled by Bloomberg.

Bloomberg.com

As Mobilicity goes back to the drawing board, creditors at odds on next move

Forced to sit out the federal government’s AWS-3 wireless spectrum auction last week, Mobilicity may be more of a lame duck than ever.

The struggling wireless carrier, which has been operating under court-supervised creditor protection since September, 2013, watched as its rival Wind Mobile Corp. fetched the coveted cellular airwaves reserved by Ottawa specifically for small carriers in B.C, Alberta and Ontario at the bargain basement reserve price of $56.4-million on March 6. That was less than the deposit price of $62-million Mobilicity paid the government for the right to participate in late January.

Wind secured the windfall because Mobilicity found itself without last-minute financing intended to fund its participation in the auction even though an Ontario court approved as much as $200-million in additional funds from one of its creditors a couple of hours before Industry Canada’s deadline to submit sealed bids.

For all its public talk of supporting Mobilicity’s spectrum bid, Catalyst Capital Group Inc., a first lien holder with $65-million of Mobilicity’s debt, decided in its wisdom that maybe chasing more money after bad wasn’t the best idea after all. Whatever the reasons, the country’s second-largest private equity firm — a hugely successful investor currently raising money for its fifth fund — figured it was better to play it safe.

Related

As a result, Mobilicity may not be better off now than it was before, but its rival Wind may not be either. Or at least, that may be thinking behind the move to pull the emergency financing at the 11th hour. As some industry analysts have noted, Wind secured the spectrum at discount prices, but it will cost serious dollars to build out its holdings, which have now ballooned by 180%. Witness all the unused cellular airwaves it has from the last auction five years ago.

Mobilicity’s creditors would like to convey the perception that they have resources and access to capital. The message to Wind is that despite failed attempts at a merger in recent months, the two upstart wireless carriers could still be good partners down the road.

Catalyst sure looks like it’s angling that way. For one, the firm publicly stated for months it wanted to spur consolidation among smaller Canadian wireless carriers. Two, Catalyst is embroiled in a nasty lawsuit with West Face Capital, one of Wind’s major shareholders, over a former employee and has asked an Ontario court to place the Wind stake in trust as part of the legal action.

At the same time, the Bay Street giant may be sending a message to Mobilicity’s other creditors. Without funding for the spectrum licenses, which Catalyst long advocated in the media and in court documents as part of Mobilicity’s proceedings under the Companies’ Creditors Arrangement Act, the struggling upstart has not enhanced its value or improved its chances of attracting potential suitors willing to pay top dollar. Currently, Mobilicity has fewer than 150,000 subscribers and an estimated value of less than $130-million. So much for the notion of “game theory.”

It would be an understatement to say the private equity firm and some of Mobilicity’s creditors have been at odds over how to restructure the carrier. An ad hoc group of debt holders still hold out hope that the federal government will eventually allow a sale to one of the three largest carriers, Rogers Communications Inc., BCE Inc. and Telus Corp., despite Ottawa’s repeated refusal to permit the company’s sale to Vancouver-based Telus.

Lawyers representing this large group of creditors, as well as the carrier’s financial advisers at Canaccord Genuity, have been contemplating options aimed at manoeuvring around government roadblocks and selling the ailing carrier’s assets to one of the incumbent players as part of an asset sale under court protection. Such a sale would not become effective without court approval but more importantly, any attempt by Ottawa to challenge the sale would have to be made in court through legal means, rather than politically behind the closed doors of the federal cabinet.

The lone wolf among the group, Catalyst has repeatedly dismissed the idea as a “pipedream.” Still, Mobilicity’s creditors have fewer options without the enhanced negotiating value that additional spectrum would have afforded the company. Having already tried to float a restructuring idea of its own – one that was flatly rejected by the other debt holders – Catalyst may seize the opportunity to try again. After all, this is a company that specializes in distressed situations.

Financial Post
ttedesco@nationalpost.com
Twitter.com/tedescott

Video game maker Ubisoft on the prowl for hundreds of workers in Toronto

Five years after France-based Ubisoft Entertainment SA opened the doors to its Toronto studio, the video game maker is gearing up to go on another hiring spree in Ontario’s capital.

The first took place during its early years, when Ubisoft ballooned its staff from just four people in early 2010 to 250 by the spring of 2012, relocating 20 people from its flagship Canadian studio in Montreal and recruiting the rest, to design, create and finally release Tom Clancy’s Splinter Cell: Blacklist in August 2013.

Since then, the outlet has added another hundred employees — and local brass doesn’t plan to stop there. While the broader economy braces for tame growth, Ubisoft aspires to more than double its Toronto workforce to 800 by 2020, assuring that it won’t just stay in the city but it hopes to thrive here, too.

“We’re really proud of what we did in the last five years,” Alex Parizeau, the managing director at Ubisoft Toronto and one of the studio’s Montreal transplants, said in an interview. In addition to leading the development of Blacklist, which has fallen short of Ubisoft’s sales targets despite being lauded by critics, the Toronto office supported the creation of two other games, Assassin’s Creed Unity and Far Cry 4. “We’ve got a ton of stuff planned for the next five [years], but we need the best people.”

Currently, more than 90% of the studio’s 350 employees contribute directly to the game-making process in roles such as animator, designer, programmer and audio engineer. The others are in support positions. It strives to preserve the 90:10 ratio during each growth spurt, a quest that has taken its recruiters to far-flung places and yielded a diverse staff who speak at least 35 different native languages. While Mr. Parizeau estimates one-third of its employees are foreign workers, he says many end up settling in the city, adding that “a lot of people are going through the P.R. (Permanent Residence) process right now.”

The rate of expansion will depend on workflow, Mr. Parizeau says. He declined to comment on upcoming releases, but did say the studio’s contributions to Far Cry 4 “went so well that it established us as a really big partner on the Far Cry brand going forward.” Still, the game maker is not without a lucrative incentive to continue bulking up its workforce — and to do so sooner rather than later.

Related

In 2009, the Ontario government courted Ubisoft to set up shop in the province by pledging a grant of up to $263-million over 10 years until 2020. Funds aren’t stashed in a company bank account or doled out evenly each year: Money is disbursed only after Ubisoft presents proof of eligible spending, says Andrew Forgione, a spokesman for the Ontario Ministry of Economic Development, Employment and Infrastructure. Also, the agreement, which subjects the studio to regular financial inspections, excludes the company from claiming the Ontario Interactive Digital Media tax credits during the decade.

In an emailed statement, Mr. Forgione said the grant “supports a total investment of $806-million by Ubisoft,” adding that the company is “progressing well” so far and is “on track” to meet its hiring goal.

To do so, Mr. Parizeau is relying heavily on deepening talent pools of students from local game-design programs.

“Now that we have people in place who know the culture at the studio, who are driving the projects that we have here in development, we’re able to target more junior people,” Mr. Parizeau said. “All the partnerships we’ve done with universities [are] going to start to bear fruit in the second phase of growth.”

One of these alliances is with Oakville, Ont.-based Sheridan College, which welcomed the first cohort of students into its new four-year Bachelor of Game Design program in September 2013. Ubisoft Toronto employees have helped craft the curriculum, some have hosted master classes in animation and a handful currently sit on the school’s professional advisory board, among other initiatives.

“The relationship between the college and Ubisoft is one of mutual benefit,” says Angela Stukator, the associate dean of animation and game design in the Bachelor of Animation, Arts and Design. “They’ve been so involved in the development of the program so students are job-ready.”

Students will get the chance to put their skills to work before they graduate, as the school is finalizing co-op placement programs with a number of local studios, including Ubisoft, says Ms. Stukator.

Whether Ubisoft brings aboard new grads or poaches skilled workers from other sectors, the firm’s success will depend on how well it hires, trains and retains a savvy, robust staff.

“The business is driven by creating a talent pool inside your studio that is here for the long term,” said Mr. Parizeau. “If you have the best people, you make the best games.”

Don’t Freak out over latest Internet security scare

“Freak” is the latest security vulnerability to wash across the Internet. It affects a variety of platforms, including Google Inc.’s Android operating system, Apple Inc.’s line of iOS-based devices and also Mac and Windows computers.

But don’t freak out just yet because, according to a number of security experts, carrying out attacks related to Freak SSL exploits is difficult, and many major technology companies such as Apple and Microsoft Corp., have already released or are working on software patches designed to solve the issue.

Freak was discovered by the French Institute for Research in Computer Science and Automation, as well as Microsoft. The exploit is based on issues with SSL and its successor TLS, two popular cryptography protocols used to secure websites where users input sensitive personal data.

The Freak vulnerability allows an attacker to intercept an HTTPS connection between vulnerable clients and a server, forcing the platform to use a weaker form of 512 bit encryption. This allows the attacker to steal and manipulate important, sensitive data. If a hacker is successful, they’re then able to spy on the user’s device and potentially install malicious software.

However, in order to accomplish this, a hacker needs to first find a vulnerable web server. Reports also indicate the exploit stems from the NSA’s effort in the 1990s to make it easier to conduct internet surveillance outside of the U.S. At the time, the U.S. government was reportedly fearful of the popularization of online encryption and saw it as a threat to national security. This caused the government to push for weaker encryption protocols outside of the U.S.

“There is no doubt the intelligence agencies of many countries we dislike have been happily exploiting this vulnerability with silent thanks to the U.S. government for making it possible,” said David Skillicorn, a hacking expert and Queen’s University school of computing professor.

Once restrictions on encryption were dropped in the year 2000, websites began using more complicated 128-bit ciphers to protect sensitive data.

A simple method to detect if a website uses either of the vulnerable protocols is to note when “HTTPS” is displayed in a web address. The problems also reportedly stem from OpenSSL, the same security protocol that caused the Heartbleed fiasco.

Halifax-based security expert Jon Blanchard downplayed the significance of Freak when it comes to the average user, explaining that the exploit is more related to legacy servers tucked away at the back of organizations that are never meant to connect to anything outside a company’s firewall.

“For the end user, it’s sort of problematic but for most people it isn’t, depending on the websites they visit — although it is amusing a variety of websites are still using it [outdated encryption methods],” said Mr. Blanchard.

In order to safeguard your data, downloading the latest version of your chosen Internet browser is the best way to protect information from potential Freak attacks. Chrome, Safari, Internet Explorer, and also Safari on iOS, have been patched to fix the exploit. Updates that fix the exploit in all major browsers are expected over the next few weeks.

The acronym “Freak” stands for Factoring attack on RSA-EXPORT Keys — a reference to weaker 512-bit security keys used in the mid-1990s.

If you’re interested in checking whether your browser/operating system is exploitable by Freak, freakattack.com allows users to test their platform. The exploit has affected U.S. government websites such as NSA.gov, FBI.gov and Whitehouse.gov.

Code Name S.T.E.A.M. review: Turn-based strategy meets third-person shooter from the makers of Fire Emblem

Intelligent Systems has delivered no fewer than ten tactical gems in the Advance Wars and Fire Emblem series over the last 15 years, virtually all of them must-plays for diehard turn-based strategy fans.

At this point it could make a strategy game starring Thomas the Tank Engine and I’d still be first in line to give it a go.

Code Name S.T.E.A.M., the Japanese studio’s latest take on turn-based tactics, doesn’t stray as far afield as that, but it certainly navigates new ground in terms of both narrative and design.

The result is a fun and memorable – if just a tad under-baked – strategy game.

Set in an alternate history 19th century steampunk world loaded familiar characters both real and fictional (Abe Lincoln and Nikola Tesla join forces with the likes of The Red Badge of Courage‘s Henry Fleming and Moby-Dick‘s Queequeg), it supposes the people of that era developed amazing military technologies powered by rapidly boiling water. You’ll see everything from John Henry brandishing a banana peel launcher to the Cowardly Lion wielding a shuriken shotgun.

These whimsical devices and their bearers – part of an elite force called S.T.E.A.M. – are called to service when aliens attack the planet. Travelling overseas and between continents in an advanced airship capable of reconfiguring itself Transformers-style into a presidential battle bot, the heroes move from one lengthy multi-map mission to the next, collecting new fighters along the way.

Unlike Intelligent System’s previous strategy games, which provide a top down view of a two dimensional map, the action here takes place at ground level, with players controlling units and aiming their weapons from a third-person perspective, much as they would in an action game. It’s almost a queer kind of turn-based third-person shooter.

Players take control of squads of up to four characters per mission, switching between them by tapping their character icons on the touch screen. Each draws from a supply of steam contained in equipped boiler backpacks (various types are unlocked as the game progresses) that allows them to move a certain number of squares per turn and/or fire their weapons.

Nintendo

Familiar stuff so far. But what sets Code Name S.T.E.A.M. apart from other third-person turn-based strategy games (beyond its distinctive style and campy jokes) is the unexpected wiggle room it provides within each gridded square plus the real-time action that exists within each turn.

Enemies keep a vigilant eye as you go about your turn. Step into their line of sight or make too much noise while moving and they’ll swivel and take a pot shot at you. And if you try to move after they have a bead on you they’re apt to keep pounding away.

But it’s not all to your disadvantage. Creeping along silently and taking care when peering around corners will frequently save your characters’ from a face full of burning energy blasts.

And while your actions may be limited by your supply of steam, you can still exploit the environment in a manner similar to how you might in a third-person shooter. By gently exploring the outer edges of the square your character occupies you might find you can line up a shot without drawing the enemy’s attention or expending an additional cloud of steam in your supply.

Plus, aiming is everything. Enemies have weak spots, and taking the time to discover and expose them before honing in using the touch screen camera control (or the analog control stick on the New Nintendo 3DS XL, if you have one) can mean the difference between shaving off a sliver of a foe’s health or a huge chunk.

Nintendo

Admittedly, Intelligent Systems needs to work out a few quirks in its novel new combat system.

Sometimes merely moving the camera is enough to trigger an enemy to shoot you once it has you in its sights. That can be pretty frustrating. Ditto for missions in which enemy reinforcements relentlessly spawn all around your heroes, making it all but impossible to take up defensible positions.

And without a map to view, some levels are surprisingly difficult to parse. One set in the narrow corridors between tall, identical-looking shelves in a library was particularly awkward to navigate. Every time I switched to a new character I found myself wondering which lane I was in and which direction I needed to go.

Plus, there’s no option to skip enemy movement. I sometimes found myself waiting for as long as a couple of minutes as unseen enemies in far-off corners of the map took their time moving about. That’s fine if you’re just playing on the couch while watching TV, but it’s glossy-eyed dullsville if you’re trying to kill time on a commute.

Nintendo

Still, these speedbumps couldn’t keep me away from the addictive turn-based combat, which is filled with weird weapons and gear just aching to be understood and properly exploited.

Tom Sawyer’s boxing glove attached to a scissor extension arm, for example, delivers a relatively light blow but can be fired as many as a 14 times per turn, depending on the boiler he has equipped. And if you aim well, it can be surprisingly powerful. I paired it with a mine-launcher as his sub-weapon, turning an outwardly weak character into my go-to scout.

The maps provide plenty of strategic options as well. Hint screens scattered around the environment don’t just provide tips, but also fully recharge a character’s steam, giving him or her a second wind. Save points can serve a similar function – for a price.

And while it’s tempting to carve paths through the terrain (and potentially reveal hidden coins and power-ups) by blasting away destructible objects, the resulting lack of cover can have dire consequences, leaving your team exposed and vulnerable.

Like any good strategy game, it’s all about managing limited resources and weighing risk and reward.

Nintendo

There are too many niggling issues for Code Name S.T.E.A.M. to share the spotlight with Intelligent Systems’ very best strategy games, but keep in mind this just the first salvo in what’s likely to become a new series. You can expect the sequel to keep ideas that work and either tweak or jettison those that don’t.

As for whether you ought to jump aboard Intelligent Systems’ latest before then, the fresh concepts and deep tactics provide plenty of reason to take a risk.

And if you happen to enjoy your strategy mixed with a little absurdity – like a scarecrow armed with a pumpkin launcher specially tuned to stun alien brains – then all the better.

In battle against Uber, Big Taxi strikes back with PR blitz, app plans

David Sutton is looking for the worst possible news about Uber Technologies. An accident in San Francisco, an assault in Boston: Such bad tidings for Uber are ammunition for Sutton, a 48-year-old publicist. “Uber is a creep magnet,” Sutton says in a news release sent to U.S. local and national media outlets in February.

Sutton is a hired gun in the dirty war that’s broken out between old-line taxi companies and Uber, the ride-share phenom. His client, a powerful trade association, represents 1,000 taxi and limousine firms worldwide. These firms want to kill the young juggernaut — or at least buy themselves enough time to develop rival car-hailing apps.

Probably no amount of media spin will win this one for Big Taxi. Uber is a textbook example of what happens when an aggressive newcomer enters a business that’s gone unchallenged for decades. But compared with the hubbub about Uber — its tactics, its safety, its pricing, its legality, and, most of all, its US$40-billion valuation — Big Taxi has been operating in stealth mode. Publicly, its campaign has been led by the Taxicab, Limousine and Paratransit Association, or TLPA. The group has retained Sutton’s Bethesda (Md.) -based public-relations firm, Melwood Global, to create a media campaign called “Who’s Driving You?” The goal is to bring attention to what taxi companies say are Uber’s unsafe and illegal business practices. Uber’s response: The taxi industry is basically a cartel, and the cartel wants to protect its turf.

Behind the scenes, one of the world’s largest private transportation companies — a firm few people have probably ever heard of — is exerting pressure through operators like Sutton. The company, Transdev, is Uber’s single biggest competitor. It has 10,000 vehicles in more than 100 cities worldwide, including Denver, London, and Paris, as well as shuttle services to 50 airports in North America. Transdev is co-owned by two French companies — Veolia Environnement, a public utility company, and Caisse des Dépôts et Consignations, a state-owned bank. And it’s lobbying hard to contain the disruption to the US$11-billion global taxi market.

Related

“We survived two world wars and the Great Depression; we will survive Uber,” says Mark Joseph, the chief executive officer of Transdev North America, who has been president of the TLPA eight times. Joseph says Transdev subsidiaries have prompted investigations into Uber by sending letters to regulators in core markets like Colorado, Maryland, and Pennsylvania. Transdev was also among the companies that took the battle to a commercial court in Paris, which last year resulted in a 100,000-euro (US$107,000) fine for Uber’s UberPop ride-sharing service, Europe’s equivalent of UberX. “They have been lobbying to be self-regulated on the grounds that they are a technology company, but then they market themselves as cheaper than taxis,” Joseph says of Uber.

New York, where Uber generates the most revenue, was the first market where Uber complied from day one with the law, hiring drivers with commercial licenses also for its UberX ride-sharing service, whose drivers elsewhere are mostly commuters driving their own cars. New York has the most modern regulation, which allows companies to charge less than limousines as long as you have a commercial license, says Corey Owens, Uber head of global public policy. Las Vegas and Kansas City, Mo., where Transdev has a strong presence, are the toughest, he says. “The way that they protect their business is by trying to use laws to keep out competitors, rather than improving the rider and driver experiences,” says Owens.

Justin Sullivan/Getty ImagesBig Taxi has launched a PR campaign to bring attention to what it says are Uber’s unsafe and illegal business practices.

Elsewhere in the U.S. and abroad — where most transportation regulations dictate things like minimum pricing and advance booking times — Uber’s strategy has been to launch services regardless of the rules and then leverage its popularity to force regulators to adapt. So far, that approach has succeeded in about 30 markets in North America, including Colorado, Illinois, and California, where new laws on licensing and safety have been created for so-called transportation network companies like Uber, or are in the process of being approved.

Pennsylvania is experimenting with similar rules, pending formal legislation, while a Transdev subsidiary, Yellow Transportation, is fighting such regulation in Maryland. “If the government protects the public, providing a level playing field, competition should increase, and maybe these companies will last 100 years — or they can become the next Webvan,” says Joseph, referring to the online delivery company that went public in 1999 and filed for bankruptcy in 2001, becoming one of the symbols of that tech bubble.

Amid all the bickering, taxi companies confront an obvious dilemma: They say Uber is a taxi company, rather than a technology company, but they wouldn’t mind being technology companies themselves. Many in the taxi industry praise Uber’s app-driven business, and some, including Transdev, want to replicate it. “The app system is the future, absolutely. There’s no going back,” says Mike Fogarty, the TLPA president and head of Tristar Worldwide, a global limousine company with operations stretching from London to Boston and Hong Kong. “Users love Uber’s technology.”

David Ramos/Getty ImagesMany in the taxi industry praise Uber’s app-driven business and want to replicate it.

For now, at least, Uber’s business model has been validated by investors, as well as by brand-name companies that have adopted the young company as a business partner. Starwood Hotels and Resorts Worldwide, for instance, is giving extra points to preferred guests who link their accounts to Uber’s, while American Express credit card holders can spend points on Uber rides. Morgan Stanley and Citigroup have adopted Uber for Business as their corporate black car service.

Nonetheless, Transdev’s Joseph criticizes Uber’s app for only serving people with smartphones and credit cards. He also takes issue with its so-called surge pricing algorithm, which drives up fares during busy times. Joseph expects Transdev to partner with a technology company to improve its own mobile reach. Its taxis are already connected by the TaxiMagic app, recently renamed Curb. In California, Transdev has launched ZTrip, a ride-sharing app. “Uber’s technology can be easily replicated,” Joseph says. “This is an early chapter in the battle.”

Bloomberg News

Pages