Court outlaws German Weather Service's free weather app
dw.com
dw.com
The government service is forced to put ads in its free app. WTF?
For example we have some tv channels being run by tax money (not absolutely correct, its a forced pay for everyone not included in taxes but its basically the same) without any ads. Any many free private channels fiddled with ad pauses. The tax ones wanted to put their movies online in a netflix style for free long before netflix but the private ones wonnin court because it would be unfair. Nowadays they are allowed to put them online but only for 30 days after airing in tv, everything else would be unfair to the real low-quality free channels...
I think this also means that the DWD can now be more business orientated and perhaps grow their income?
I am not German, but I am trying to see whether this can be to the DWD's advantage.
Maybe they can similarly spin off the weather app into a company with some kind of status that retains some of its original purpose (which I guess is supplying weather information to German nationals).
So I could at least imagine the DWD being attacked if they sell their app for 10 cents or so.
How? Their product is "free", unless you count taxes. They could make it "cheaper" by keeping it free and not using taxes.
There are German comedy channels?
Germany
It should be completely obvious that the government has an interest in providing weather details to its citizens as a whole for planning and safety. Private citizens and companies are not entitled to markets, especially when it comes to public knowledge and safety!
Didn't the users already purchase the app with their tax dollars?
I hope they embed helpful PSAs as adds.
But then again, I also think this verdict is stupid and makes no sense, next we're going to have to ban free access to current laws because a law book maker firm wants to make some money.
But as long as it's only a few unheard voices complaining about it and no broad law stating 'public money, public data, public access" it's pretty hard to turn it back in to a real public service.
Some needs are worth putting it in a public baseline. And sometimes grey areas work (i.e. a public service fulfilled by a private entity but then checked by a public instance). Some stuff may not need to be public, i.e. kegs of beer. It's great when you want one, but it's not a base public need and not a shared need (unlike infrastructure, health, security, for general survival in places packed with too many people like big cities). But then a commercial entity might see an opportunity to sell things as a public baseline (why have basic weather forecasts when you can add 'bbq weather compatibility forecasts' or 'can I play golf tomorrow' functionality. But now that company has a hard time getting people to pay for it because that extra stuff that you didn't need anyway isn't attractive to anyone who just wants to know if they need to bring an umbrella. So ban the simple stuff and now your complex stuff has a place in the market. It's practically setting yourself up not to win on your own merit but 'removing' any opposition. Or so it seems to us bystanders. I don't actually know why they thought this was a good idea to have a lawsuit about.
It's tricky.
If we had a private bridge owning/maintaining company, you really think they could afford that one "just collapses"?
If i build a bridge and it collapse, how I’m making money now? If I have other bridges, people might stop using them if they are known to collapse and kill people.
Maybe not laws, but for norms and other things that are quasi-law this definitely the case. Also science papers.
There is a lot of public goods some companies are putting behind paywalls and nobody remembers why.
* Should the government not build roads because it might hurt the profits of toll road companies?
* Should government workers not be able to open source their code or data because it might hurt the profits of software companies?
* Should the government not have an army because it hurts the profits of the private military forces?
You are essentially saying that the government should not be able to provide any value to its people because it might hurt the profits of a private entity.
This argument seems especially strange in this context considering the companies in question are themselves using government provided data for their weather apps, i.e. the government is doing the data collection for those companies. This naturally prevents other companies from profiting from weather data collection as well. I wonder why these companies are not protesting that, and suing the government for providing this data in the first place?
> ... the German Weather Service, based in Offenbach, Hesse, had exceeded the legal mandate for its activities with this offer ...
In other words, if DWD's mandate had included offering this service to the public then it wouldn't have matter that it undermined competition. Even if you think a service like this ought to be subsidized, it isn't a good idea to have rogue government departments "competing" with privately funded alternatives at public expense on their own initiative.
Why not? Does every minor thing that any government funded organisation or employee wants to do need to be approved three-fold by layers and layers of bureaucracy?
That seems absolutely ridiculous. We are talking about something very minor here: making an app that displays regular weather information, where they already had an app that displayed extreme weather information. This is not some immense initiative they are undertaking here. This was likely done by a single person that thought "hey, we are gathering this data, why not display it in our app".
I am working as a scientist on government funding, should I require approval in three-fold by congress before I publish a paper, open-source any code or do any research at all, because a private entity might want to monetise something similar to that research and I might negatively impact their profitability by putting that in the public domain?
You're exaggerating, but yes. Everything which is done through force, including anything funded with taxes or granted special legal status or protection from competition, requires careful oversight to ensure that it isn't using more force than necessary to accomplish the approved goals. Even the seemingly minor things. That's the price for getting your organization funded through the government. Don't like it? Do your work in the private sector where you can manage your budget as you please, since it's your own money.
> ...should I require approval in three-fold by congress before I publish a paper, open-source any code or do any research at all, because a private entity might want to monetise something similar to that research...?
Are these things part of what you're being paid to do as part of your research?
I couldn't care less about how it impacts others' profitability. If you're doing it at your own expense, not taking advantage of special privilege based on your position (such as free access to the data when everyone else must pay), and there is no conflict of interest, then there is no issue. However, if you were taking advantage of government funding or status to carry out tasks that weren't directly related to what you were being paid to do—like developing and maintaining an app backed by data not freely available to the public—then that would be a problem.
And really, does this need to be carried out by the government directly? If the DWD were an ordinary private organization, either for-profit or non-profit, contracted by the government for a set fee through a fair bidding process to provide certain data to the public then the DWD would be free to set their own agenda and develop and maintain this app at their own expense so long as that use of the data was consistent with their contract. The government gets what they paid for, the organization gets to do things their way, competition is fair, and (almost) everyone's happy.
The government is gathering this data. Building your business on top of what another entity is doing (government or company) is always a risk. The exact same risk is taken if you build something on top of the API or data of another company. If you were to build a Twitter client and then Twitter would make their own client available you are shit out of luck. That is the risk you take when you build something on somebody else's infrastructure. I honestly don't see why the government is so special that it should be completely handcuffed and prevented from making meaningful positive changes in society just so the profits of a small amount of people can be protected.
If the government does something to improve society and you can't compete and make a profit, do something else. Would you start a firefighting service and then complain that the government offers this service for free? At that point, why have a government at all?
So I guess that the question is: Does society benefit enough from everyone having access to free weather information, outweigh the harm done by businesses risking bancrupcy because their product is now something that should be free? And also that other businesses start to wonder if it's their product that will be "should be free" in the future?
Why isn't the German government making a government funded car to ruin Volkswagen or Mercedes?
They are trade rules: for example, if USA subsidizes Boeing they can be sued and fined in international trade courts, since it hurts, say German companies. (Chinese companies, Airbus etc are routinely accused of having an unfair advantage, due to government subsidies.)
And I'm pretty sure most tax payers will pretty much always choose a free app that gives them basic weather data a few days in advance than a paid app that gives them bells and whistles. So the Government is catering for the vast majority in this case.
Then the market has spoken about where it's priorities lie.
I guess that's just the same question again. Does society benefit enough from everyone having access to free cars, outweigh the harm done by businesses risking bancrupcy because their product is now something that should be free? And also that other businesses start to wonder if it's their product that will be "should be free" in the future?
I wouldn't consider it inconsequent to say "yes" on the first question but "no" on the other...
Arguably, the German weather service should be forced to open source their ad-supported app to “encourage competition”.
i have a similar theory about public TV
The truth is that public TV nowadays contains lots of series and movies (in many cases, American), cooking programmes, tabloid celebrity stuff, etc that they think they must do to stay competitive with private TV. And that's rubbish.
Courts in the German state of Baden-Württemberg also recently forcibly privatized the State Forestry Service's logging operations because they were considered a monopoly (the "Forstkartell") and the sawmill industry sued in hope of lower timber prices.
This forced the regional Forestry Service departments to split into two organizations - the logging operations and the government authority, now regulating its former self. Government and state forestry services are now supposed compete with each other on prices.
Of course, this ended up increasing timber prices due to the resulting mountains of paperwork, the organizational chaos that would be expected from splitting up a hundreds of years old government organization, and the extra personnel/training required.
Lawyers got paid and tax payer money was burnt, and the main purpose of the Forestry Service - environmental protection and research - suffers from the overhead.
Oh, and the state-ran broadcasting organizations need to delete productions - paid for by everyone's broadcast tax money - from their online media libraries after a few weeks because private media organizations sued because it supposedly competes with their for-profit streaming services.
That seems far more German to me than something the US would tolerate. They rank below the US in economic freedom, but not by much:
https://en.wikipedia.org/wiki/Index_of_Economic_Freedom
As you mentioned it might be a regional thing. But maybe I'm being idealistic considering the US's general shift away from markets and the cronyism in certain pet industries.
First time I heard that. The generally accepted explanation over here is that they couldn't match prices of established chains that had well optimized supply chains, and that they absolutely failed to account for cultural differences regarding how to deal with customers and employees.
Do you have a source for that? My impression was that Walmart couldn't beat the already low prices of the German market.
Providing data payed by the tax payers to said tax payers for free is considered an unfair advantage in a free market because the other market participants have to invest money to collect the data and need therefore another business model (advertising, paid app, and so on). As the state isn't allowed to unfairly treat one market participant better, the taxpayers loose.
You can look at the price list here: https://www.dwd.de/SharedDocs/downloads/DE/allgemein/preisli...
All the important stuff is free.
So one would just have to develop a free app to process and display this data ;)
Basically, the data is free, but most higher-level processing results are not (like point forecasts derived from the models).
It’s high quality data, for free, you’d just have to build your own frontend.
Edit: The data is also freely available for private use on their website, just not as nice and compact.
I think the main reason for the lawsuit was that the DWD app is really, really good – in my opinion it's the best weather app we have in Germany. This made it very difficult to compete with – it was free, ad-free and good.
This kind of bullshit will only get worse, with investor-state dispute settlement agreements int trade deals forbidding governments to take on new responsibilities whenever there is a private company in that space.
They can still provide their app, but must offer something better than just the same data.
WTF.
Is the official data not free? Maybe the solution should rather be to make the data free, rather than make the official app non-free?
The court said that DWD is overstepping their mandate. Apparently they are mandated only to provide the data and not to compete with private businesses.
This is also why the Public TV channels have to delete their content from their free Video on Demand services after a certain amount of time. They are only mandated to broadcast TV and not offer VOD.
Both of these issues stem from the fact that the mandate of these public services was written so long ago and with the limitations of the time in mind. Of course the DWD was not supposed to provide this data to everyone, that would have been too expensive at the time. It was just cheaper to provide the data to private weather companies and have them distribute it, but now it is comparatively easy to make an app to provide useful data to everyone.
For public TV as well. When their mandate was defined there was no VOD and that is why they can only provide it in this very limited way.
This is really stupid in my opinion and should be changed.
I would say peak capitalism is colonial times, when companies had private armies and people were enslaved/massacred for profit.
At that time they began to charge 1,99€ and have done so ever since.
I've happily paid that, as in my opinion it is one of the most reliable weather forecasts for Germany, not only for the general audience, but also for prosumers. For example, they provide high quality precipitation radar images, I regularly can determine the onset of rain with minute accuracy.
It only makes this news sound even worse. Weather information only exists because the source data is freely shared, thinking anyone can lock down this information is obscene.
Most likely, the DWD will show a one-time ad to everyone activating the free weather service. Most likely, they can even make it 5 minutes of uninterrupted ads, because everyone knows that it's a one-time thing and it's easy enough to ignore your phone for 5 minutes if you can choose the time when the ad plays.
And afterwards, the DWD has realized a year worth of ad revenue per user and is free to provide the service for free and ad free like they used to.
So while technically WetterOnline won, it won't have much consequences.
That said, I myself am a paid subscriber for WetterOnline because their worldwide real-time radar videos are super helpful, and the German weather service obviously provides data only for Germany. So I'm not really sure why they felt the need to sue in the first place.
All legal systems make utilitarian considerations. Furthermore, legal systems like Germany's are even more respectful of common sense than ones based on English common law.
I don't disagree, but that's de facto. Nominally, they're independent and Germany doesn't rely on judge's guesstimates as much, they are supposed to apply the laws, not create them, which is why the German Constitutional Court has been criticized for becoming politically activist instead of remaining neutral.
Since they're de facto appointed by the political establishment, you can't expect them to not be carefully selected for "obedience by accident" (they're independent, they just happen to think the same way), but you can also not do it too obviously if you don't want to shake the cage too much or people might disregard the courts completely.
Government institutions with mission creep issues that start to grow is a common problem in Germany, and the courts regularly tell them to stop, this isn't a new development.
What’s next? Will the ARD and ZDF Apps become subscription based because of Netflix and amazon prime, even tho we pay for GEZ already?
The online offerings of ARD and ZDF also had and have to remove a ton of old content (articles and such), and had to discontinue a lot of services, especially interactive services such as chat platforms, that weren't directly connected to their basic information mandate.
And in 2017 some commercial newspapers successfully won a court decision against the ARD's tagesshow app (tagesschau being their flagship prime time newscast), meaning the app (and also the tagesschau website) had to remove a lot of texts that were "not directly related" to the content of their news shows[1]. Why were they successful? Because the law already prohibits the ARD and ZDF from being to "press-like".
[1] https://www.heise.de/newsticker/meldung/Urteil-gegen-Tagessc...
I regularly use tagesschau.de, I regularly listen to their radio stations, via apps.
I personally think the ARD/ZDF are important to have, and also keep the commercial players on their feet a little. And provide a lot of programming, like documentaries and information shows that are good to have but that commercial players wouldn't touch (or if e.g. RTL did their own versions, I would dread the outcome).
I also think the GEZ fees are a little too high, and they waste a ton of money in their bureaucracy. I'd rather have the BBC (which Boris wants to dismantle) than the ARD/ZDF, but this is the next best thing.
What I think is absolutely not OK is the current funding method using a compoulsory payment. If you say that public TV is beneficial to society then it should be funded through regular taxes which are collected equitably (ie. based on income). If however publicly funded TV is not a benefit to society then there should be a way to opt out. There was before ARD/ZDF added these online services.
https://www.wetteronline.de/apps
If everyone gives them one star Apple will kick their app out of Appstore.
The point is DWD is tax financed service to process weather data and to distribute it to the once that need such weather data. As it is pay by taxes, the data is distributed free of charge. The are many services, even the one you just mentioned, that uses exactly that data to distribute it further. DWD build its own app to inform about severe weather conditions as this is also allowed by DWD. Then DWD added just the regular weather data to the exact same app including rain radar and such things, that OpenWeatherMap for example does not provide. DWD got sued for this by the companies who using the exact same DWD weather data and selling it to the customers either by adding ads or by subscription.
By the way OpenWeatherMap is providing just basic weather data that is actually allowed to be included into the app for free. We are talk about much more detailed data.
The DWD's contribution would be higher-resolution (and presumably therefore more accurate) forecasts for the region immediately around Germany.
Perhaps some public-minded German-speaking developer could create a free no-ad app using this data, to provide WetterOnline with some competition.
[1] api.met.no
Last time I read the API documents, they were only in Norwegian for this purpose.
Edit: it seems this is no longer the case; at least I can't find it on the site. But my Norwegian skills are practically non-existant.
This data is provided by the Norwegian meteorological institute: https://www.met.no/en/free-meteorological-data
There is also a private Norwegian weather provider, StormGeo: https://www.stormgeo.com/
[1] http://www.nwseo.org/Four%20Winds/11_12_28_Sobien_Lubchenco_...
Not coincidentally, Donald Trump has nominated Barry Meyers to lead the National Oceanic and Atmospheric Administration.
A good summary is at https://www.outsidethebeltway.com/rick-santorums-war-against...
The bill was called the National Weather Service Duties Act of 2005.
In both cases the result would be significantly worse applications for consumers. There's a lot of fantastic weather apps built on free NWS and NOAA data, things like Dark Sky, that would be impossible if the data were not freely available. Same for aviation with apps like Foreflight.
On the other hand, a comparably developed country like Australia is seeing many essential services being privatised, but the weather service rightfully remains a sacred government entity, with a high amount of public trust. http://www.bom.gov.au/app/
> With the BOM Weather app you can check the weather—wherever you are—from Australia's official weather source, the Bureau of Meteorology.
Hahaha. BOM charges extortionate, nonviable prices for <i>everything</i> above the basics. Australia is one of the hardest countries for us to get reliable weather data from.
The trouble with government agencies run on a cost-recovery basis, is they have no incentive to do anything at a cost that will be recoverable.
Commercial providers can provide alternatives with features that people are willing to pay for. For example: better UI, push notifications when it's about to rain (as Dark Sky does), morning push reminders to take an umbrella if the day is looking rainy, etc.
If all weather forecast apps were paid for, apps would have revenue to perfect their models, and true competition would exist between them, both in terms of price, but also quality of results.
When we're talking about physical sciences most of the work is done by universities and research centers, a lot of them funded by public money.
The Romanian state entity sells access to their weather data. So any 3rd party would, indeed, be at a severe disadvantage with a free app.
Last I checked they wouldn't even confirm if at least the severe warning notices were available to the public without a license.
So, the thing that's missing here is: where were WetterOnline getting the data from? They clearly were paying for it. I suspect they were getting it from none other than the German Weather Service.
The solution would be, of course, for this dataset to be free. But German Weather Service preferred the courts to find another solution...
Some detailed or highly localised data would probably only be available commercially. But satellite data for example can be downloaded realtime by anyone.
The DWD data is completely free. You don't even need a registration or API key or something like that. I just tried and downloaded Radar images. I can't read that format, but I could download it.
The issue is that the legal mandate of DWD is just to provide the data and not to compete with private companies. It probably made sense when those laws where written, but now it is just stupid.
As far as I am aware they are purely funded by Taxes, so I can't imagine any way that these private companies could change to force the public service to close.
10 years later a commercial service is started and now the public service has to change because that's what the law says. The public service didn't do anything wrong and didn't change anything, but because something in the private space changed the public space now has to stop providing a service. That's what I meant by change in the weather data example.
[1]: https://www.bundesgerichtshof.de/SharedDocs/Pressemitteilung...
If DWD has an API, I guess somebody should just put up an open source app on F-Droid, and maybe somebody will pay to put it on Play. I don't know about iOS anymore, last time I made an iOS app it was kinda something you would only do if there was money in it.
I agree somewhat with the general argument, but I don't think the courts should be pushing for "peak neoliberalism" at any cost.
Glad the US isn’t the only place with the privatize everything problem? (Please allow me to be hyperbolic.)
When it costs basically nothing to do, yes! Turbotax anyone? Should governments be forced to make doing taxes hard just to give companies a chance to make big bucks for doing your taxes? That is nonsense!
(This is a very old question - note the vitriol reserved for millers of flour in the Canterbury Tales.)
Generally No it shouldn't be socialised. If it isn't a monopoly of efficiency another company should be able to provide a product/service at a lower price. All you are doing it indirectly passing on the cost to the tax payer by subsidising it.
Obviously there are some exceptions to this depending on things like politics of a region (where a resource/service can be monopolised) e.g. rural areas. That is where a cooperative run by the local community might be better.
State sponsored enterprise is what happens in autocratic countries. At the whim of the ruler enterprise is expropriated, whenever something is seen as adequately tempting.
You may think some ill-informed voting public is an okay form of autocratic governance because you’d slap a ‘democracy’ label on it, but it would result in widespread expropriation of businesses by government officials who would consequently wield immense power. The economy would collapse because the incentive to outperform would be gone. There would be a brain drain from private enterprise into government bureaucracy. This is the principle reason why socialist and autocratic governments have relatively unproductive economies. When The People’s Republic of China realized this and permitted private ownership and enterprise, their economy took off as people found an incentive to work harder...
Oh boy, you are not gonna like it when you hear about the "military industrial complex".
>The economy would collapse because the incentive to outperform would be gone.
You speak as if huge chunks of our society haven't been socialized with great results. You want to re-privatize the fire department, so they have more incentive to put out fires? Privatize the police force, so they have more incentive to stop crimes? It's not so straightforward as "private enterprise = proper incentive structure" - it's possible to engineer incentive structures with better outcomes than the free market.
Neoliberals want to have their cake and eat it. Unfortunately, neoliberalism is currently (over the past couple of decades, with a small stumble in 2008) the dominant ideology within European politics.
I don't remember the story, it was another brilliant example of how USA is allowing large corporations soil on everything free and wants the sharks to keep biting people's flesh (just like in healthcare, insurance, guns, etc.).
Oh, right -- that's the US. No thanks.
The decision isn't about what would be nice, it was a purely legalistic question whether the law gave authorization for additional free services. Which it clearly doesn't.
This decision wasn't surprising.
Edit: dislike this comment as much as you want. The commentary in legal circles in Germany was exactly this. Nothing beats HN in legal expertise in a foreign country!