So Let’s Hear From Michael Horvath, CEO and Co-Founder of Troubled, SF-Based STRAVA, Inc. – Lawsuit Blog Post

Well here’s The Statement, from a few days back:

“Stand with Us”

UH, “STAND WITH US” WHILE WE GET SUED INTO OBLIVION? IS THAT WHAT YOU’RE TALKING ABOUT ON THE EVE OF THE NEWS OF YOUR BIG WRONGFUL DEATH LAWSUIT? OK.

“Posted by Michael Horvath on June 17th, 2012″

JUNE 17TH – LOOK AT THE TIMING, JUST BEFORE THE STATUTE OF LIMITATIONS. MMMM…

Each and every day we strive to improve Strava for you,­ the athlete. We are athletes too, just like you.

LET’S SEE HERE, SIGNING UP FOR STRAVA = BEING AN ATHLETE. GOT IT. YOU DON’T HAVE TO TELL ME TWICE. OH,  WELL I GUESS YOU JUST DID. UH, ALL RIGHT, YOU DON’T HAVE TO TELL ME _THREE_ TIMES.

As the Strava community grows, we all need to follow a few simple guideposts to ensure that Strava’s impact is positive.

GUIDEPOSTS AND NOT RULES? ALL RIGHT.

This is what we, the Strava community, stand for:

NOW WAIT A SECOND, AREN’T YOU THE FOUNDER AND CEO, MICHAEL HORVATH? I THINK SO. BUT ARE YOU A PART OF THE “STRAVA COMMUNITY?” REALLY? BUT _YOUR_ COMPANY IS GETTING SUED THOUGH, RIGHT? NOT THE “ATHLETES” WHAT MAKE UP YOUR USER BASE. I THINK YOU ARE CONFLATING THE OWNERS/MANAGERS OF STRAVA WITH THE USERS OF STRAVA, JUST SAYING. ALL RIGHT, OFF YOU GO THEN…

We know the rules. Laws and rules are created for our protection. Cycling, running and swimming are inherently dangerous and following the law, and common sense, when it comes to traffic, weather, or conditions, reduces our odds of getting hurt or hurting others. It’s as simple as that.

SO, I’LL STILL BE ABLE TO HAVE MY TIMES POSTED SHOWING ME GOING 20 MPH OVER THE LIMIT? CAUSE, YOU SEE, THAT’S NOT FOLLOWING THE “LAWS,” RIGHT? BUT I GUESS, AFTER YOU TALKED WITH A LAWYER OR TWO, YOU’RE TELLING YOUR USERS, THE SAINTED “ATHLETES” YOU WRITE ABOUT, TO FOLLOW THE LAW? OK FINE.

We rest. We listen to our bodies to avoid injury and we inspire in ways other than by being #1. We don’t burn ourselves out. We enjoy our recovery days because they too tell our story on Strava.

WHAT DOES THIS HAVE TO DO WITH YOU BEING SUED? DOES THIS EVEN BELONG HERE?

We kudo sportsmanship. We all want to get kudos by being great at our sport. We are courteous and treat others with respect. We earn our spots on the leaderboards through clean competition.

UH, KUDO IS NOT A VERB, RIGHT? OK YOU KNOW THAT BUT YOU’RE BREAKING NEW GROUND, OK FINE. UH, IS BIKE-RIDING A SPORT? I THINK I’M SEEING THE PROBLEM HERE. WAS CHRIS BUCCHERE ENGAGING IN SPORT WHEN HE WAS GOING WAY TOO FAST ACROSS MARKET STREET? SHOULD HE HAVE BEEN? IS DRIVING A CAR DOWN MARKET STREET A SPORT? SHOULD IT BE? I DON’T THINK SO. AND IF MEMBERS OF THE “STRAVA COMMUNITY” AREN’T COURTEOUS AND RESPECTFUL, DO THEY GET COUNSELING OR SOMETHING? OR DO THEY JUST GET KICKED OUT? CAUSE  I CAN THINK OF A FEW OF YOUR MEMBERS WHO HAVEN’T KILLED THEMSELVES/OTHERS, SO, YOU KNOW, THEY’RE NOT AS WELL-KNOWN AS SOME OF THE OTHER MEMBERS OF THE STRAVA FAMILY, BUT THEY DON’T MEET YOUR STANDARD AS STATED HERE – THEY AIN’T COURTEOUS/RESPECTFUL AT ALL. AND LASTLY, DOES “CLEAN COMPETITION” INCLUDE RUNNING RED LIGHTS? I’M NOT SURE.

We think ahead. We showcase a lot of awesome data about where we go, who we work out with and how hard we push ourselves. If we don’t want everyone to know what we’re up to, we take the necessary privacy precautions before we upload, like setting privacy zones and choosing who can follow us and what they can see.

UH ISN’T THIS A MISH-MASH OF THREE DIFFERENT CONCEPTS?

We’ve got each other’s backs. We watch out for one another. The community does what it can to keep things safe for everyone by looking out for potentially dangerous situations and flagging segments as hazardous.

SO, SELF-POLICING IS THE ORDER OF THE DAY AT STRAVA? HEY, DIDN’T THE “SOUTH PARK DESCENT” GET FLAGGED AFTER KIM FLINT’S DEATH? I THINK IT DID. BUT DIDN’T IT COME BACK, COURTESY OF THE “STRAVA COMMUNITY?” YES IT DID, AND WITH HIGHER SPEEDS THAN WHAT KIM FLINT “ACHIEVED.”

If you want to be part of the Strava community, we’d like you to stand with us and take these guideposts to heart.

SO, YOU’RE GOING TO START KICKING PEOPLE OUT? ALL RIGHT. I DON’T BELIEVE WHAT YOU AND YOUR LAWYERS ARE SAYING HERE, BUT ALL RIGHT.

AND YOU STILL HAVE NOTHING TO SAY ABOUT KIM FLINT OR CHRIS BUCCHERE?

ALL RIGHT.

Now, let’s hear from Paul Kapustka of Mobile Sports Report:

“Something tells us that if lawyers are getting involved, it’s not going to be as simple as a statement on a blog to prove that Strava.com’s competitions didn’t cause harm. Or that the bad apples aren’t a part of the Strava.com community. There are going to be many who decry the lawsuit as some part of a nanny-state weirdness, but there is probably some legitimate question to be asked whether or not a site that promotes virtual competitions on real streets and trails is responsible for the participants’ actions, much in the way a 10K race must take out insurance to cover its runners. I have a feeling this may be the tip of the iceberg for such sites like Strava.com.”

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9 Responses to “So Let’s Hear From Michael Horvath, CEO and Co-Founder of Troubled, SF-Based STRAVA, Inc. – Lawsuit Blog Post”

  1. Zebulon says:

    Another lawsuit that proves that people are always looking for somebody else to be responsible. The poor guy died as a result on his risk taking. Hopefully, they’ll have a jury that has common sense and sees it that way.

  2. sfcitizen says:

    Maybe.

    Do you think a jury could consider Strava to have 5% liability? Obviously, Strava and that engineer were a bad combo…

  3. Zebulon says:

    Assigning any blame to Strava is silly. People buy fast cars every day and nobody sues the car maker if somebody gets killed speeding because the car could go too fast. Strava is just a tool. It’s up to each and everyone to figure out how to use it intelligently.

    That being said, there are so many idiots in this world that it’s quite possible that a given jury could assign some blame to Strava.

  4. Chris Tucher says:

    This commentary is snide. If this is what “SF Citizen” is about, I’ll know to avoid it. This lawsuit strikes me as frivolous and cynical, and I agree with the “fast cars” analogy above. If this threatens a really well-conceived service, Strava, then it’s very unfortunate.

  5. sfcitizen says:

    I guess you’ll take your clicks to the I LOVE STRAVA, KUDOS TO TOU, GENTLE READER, WEBSITE. OK fine.

    If Strava was so well-conceived, then why is it making changes under threat of lawsuit? Perhaps Strava is poorly-conceived? Or maybe it should have started up in a country where Strava can’t get sued easily?

    Should Strava have sent an email to that NVIDIA engineer taunting him about him losing KOM on a useless segment?

  6. J. Barnes says:

    This is what is killing Merica – frivolous law suits and lack of accountability. Stop this nonsens of suing companies when people spill coffee on themselves, die in avalanches skiing, or get hit by a car riding your bike like an idiot. Take accountability and for the love of God please let’s put the English law into effect in the US (loser in lawsuit pays court costs for both parties) that would make some of these slime all lawyers think twice.

  7. sfcitizen says:

    I’d say the time invested for the plaintiff’s attorney is a deterrent.

    In any event, Strava’s actions have been reckless, given that it’s located in America.

  8. sfcitizen says:

    Fair enough. One down and one (or more) to go…

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