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Amazon threatens to suspend French deliveries after court order (bloomberg.com)
217 points by yamrzou on April 15, 2020 | hide | past | favorite | 310 comments



The other side of the story... https://www.france24.com/en/20200414-french-court-faults-ama... or https://www.ft.com/content/1ad863ef-dc39-43a3-b714-e5ef3c4a8...

> Laurent Degousee, of the SUD-Commerce union that was behind the complaint, acknowledged that Amazon had "not stood idly by" amid the crisis but had taken a "slew of measures without any evaluation".

> He said that the taking of temperatures had sometimes caused queues and thus risked possible infection.

So Amazon had the choice of either;

a) taking the court ruling seriously and doubling down on efforts to ensure worker safety and working out what needs to be done to lift the suspension

or

b) raising a middle finger and threatening to suspend all deliveries, thereby adding fuel to the notion that Amazon doesn't take worker safety seriously and creating opposition in France that will now work on strategies for "what to do if Amazon pulls out of our market?"

Which one seems like a smarter response?


> raising a middle finger and threatening to suspend all deliveries

I don’t see this. The court gave a short deadline for meeting an ambiguous target with respect to a complex international logistics network. Amazon’s choices are to sloppily comply or halt until they can properly do so. They’re choosing the latter.

That keeps warehouse workers safe. And it gives Amazon time to figure out how to only ship that which the court would consider essential. The only loser is the French consumer, and they (will eventually) have other options.


Almost all laws and legal orders have some ambiguity to them. Sloppy compliance is the correct choice both here and generally, because a) demonstrates to the court that you broadly agree and will respect the court's authority, and b) allows you to go about your business as much as possible.

Given Amazon's recent behaviors around worker protection, I expect their action here is chosen for maximum drama, an attempt to pressure the French government, and to warn other governments that they will disrupt the delivery of essential supplies if they don't get their way. So I agree with harryh; it's a middle finger.

It's been deeply disappointing to me. I've been on the fence with Amazon for a while about labor issues. But their behavior recently has crossed a line. I canceled my Prime membership yesterday. If they don't rapidly reform, it'll be the end of my 23 years as a customer.


Sloppy compliance is the proper route to take if you expect good faith to be rewarded. If you don't - if you think French regulators would be happy to make up some revenue shortfalls via fines of a foreign company - then overly-conservative compliance is the correct course of action.

And guess what? Halting all deliveries is the most conservative course of action possible here.


Also guess what, France has happily demonstrated that their exact gameplan with US companies is to prescribe vague plans and figure out how to fine you for not meeting them 3 years later. American ignorance of the EU's protectionism is breathtaking


Thats not really it. US company (Apple, Google, Amazon, ...) understood the EU more than anybody an exploited every flaw they could find to pay as less tax as possible.

The "magic fine" were not random and unjustified. Those country were already borderline, if not fully crossing the border, with a lot of regulation here. Country like France and Germany were sick of seeing a lot of profit made within their border while tax revenue flee elsewhere.

The fine they given were not from vague plan, they were within the strict boundary of the law that those company keep playing with. Those same company are pushing for stricter and clearer regulation but are being faced with the opposition of other EU member who kind of profit from the practice of these company.


I meant to say company were borderline instead of country.


Let's see what happens when FAANG pull the plug in France. I can guarantee you the public will remove whoever was in power and it would be back to the status quo.


I think what you'd see is a fair number of members in the EU block take similar action, daring Amazon to do the same to them. The truth is, Amazon couldn't, in the long term, afford that: Oh sure, they could stand to lose the revenue by itself, but that's just a first-order effect.

A second order effect would be the rise of a regional competitor to fill the vacuum. Then Amazon, even if they played nice, would have a hard time pushing back in to those markets, at the same time the regional competitor would, if wise, get on good terms with the EU regulatory regime and thereby give it some preferential treatment when trying to get into markets that Amazon had not vacated. A regional competitor could easily hit a tipping point and become an international one.


That’s why Amazon does it just for a few days.

Long enough for the government and the people to feel the shock, but not long enough for a serious competitor to take advantage of.


>A second order effect would be the rise of a regional competitor to fill the vacuum.

No, it wouldn't. Amazon in the US is amazing compared to what Amazon is in Europe. Packages take a lot longer to arrive and the choice is much worse. There isn't even a central Amazon EU website! Yet no competitors exist. Absolutely nothing is even close to Amazon. For whatever reason, the EU market is incredibly behind in these kinds of services.


I'm not sure you are as familiar with the online marketplaces in Europe as you claim to be. Amazon set up separate national operations in the EU due to social, regulatory and tax reasons. Also digital e-commerce retailers are prevalent in all EU countries. Amazon is only one of many players.

In fact, logistics over here is much better developed than the US. Most items can be next day delivered here in the UK for a low standard charge. Amazon has to offer same-day deliveries to the UK at a much higher level than the US in order to compete and maintain its competitive advantage.


>Most items can be next day delivered here in the UK for a low standard charge.

Cool. What about the rest of Europe/the EU? I am in an EU country and ordering anything from any of the Amazons has a minimum delivery time of 1 week. Usually it's longer than that.

>Also digital e-commerce retailers are prevalent in all EU countries.

And they are not trustworthy. Those online retailers always have everything in stock, but after you order and pay money it always turns out that they will have to order it from somewhere else. Often that other place has no stock either. It took me almost a month to get a new HDD last year because of shenanigans like this.

>Amazon set up separate national operations in the EU due to social, regulatory and tax reasons.

This is true if you live in one of the five odd countries that have an Amazon site. The 20 other EU countries don't get this luxury.


What are you actually arguing about? Because in your original post you seem to be arguing that Amazon here in Europe is heads and shoulders above the competition while still being inferior to the US, implying that the e-commerce landscape here is dire.

My comment disagrees with that. To me, it's the other way around, Amazon has to do more than what they do in the US to compete over here.

So when I'm talking about getting relatively cheap next day delivery here, I'm talking about with any merchant, not just Amazon. That's why they have to offer more same-day delivery (than the US) to compete (and to justify the Prime subscription).


>What are you actually arguing about? Because in your original post you seem to be arguing that Amazon here in Europe is heads and shoulders above the competition while still being inferior to the US, implying that the e-commerce landscape here is dire.

I'm arguing exactly about this. Yes, Amazon's doing great in the UK, but Europe does not stop at the border of the UK, France, and Germany. There are other countries there. I live in one. I explained that it's not rosy across Europe.

>So when I'm talking about getting relatively cheap next day delivery here, I'm talking about with any merchant, not just Amazon.

Great. Now what about the other few dozen European countries?


>No, it wouldn't. Amazon in the US is amazing compared to what Amazon is in Europe.

So your argument boils down to "Amazon is bad in europe, therefore no competition would arise even without Amazon"

That doesn't quite follow.

Are you saying that Amazon is the best that is possible in Europe? Even if that were the case, there's no reason an equally bad competitor couldn't fill the vacuum.

Even if I'm wrong, my point against the GGGP post stands: There wouldn't be some huge public uprising against local governments to get Amazon back if they decided to pull out.


>Are you saying that Amazon is the best that is possible in Europe? Even if that were the case, there's no reason an equally bad competitor couldn't fill the vacuum.

No, I'm not saying that a competitor can't appear, I'm saying that it's unlikely, because it hasn't happened for such a long time. Of course there are other ecommerce stores but they aren't on Amazon's level.

I also agree that people wouldn't care much about it if Amazon pulled out. It would just be another way where Europe accepts worse service though. France still uses cheques to pay for some utilities (or at least they did only a few years ago).


I would take the other side of your bet in a heartbeat. There is no love for FAANG in France, especially when they are paying fewer taxes than local businesses.

The respectful admiration that people have in the US for big businesses and successful entrepreneurs doe not exist in France. Instead, there is the same feeling for the rebellious, for the one the fighting against big businesses, for the people.


People love 2 day delivery and easy returns. I'd like to see a company in France do this in a short time. Not with the 9 to 4 working hours France wants.


It doesn’t seem to me FAANG want to see what happens if they do that.


Is your argument that, say, Google, expected fines reaching into billions of dollars, but understood that they would end up with cash in their pocket by heavily avoiding taxes and just paying the fine?

That seems like a risky game to play, because you don't know if the fines are going to be $1B or something more important like $100B or something.


Yes, this is precisely what companies gamble on.

Take a look at the Double Irish [0] and then at the Dutch Sandwich. [1]

These are accounting methods the deliberately take advantage of loops holes and arbitraging of tax regulations between jurisdictions, knowing full well some jurisdictions will take issue with it and it will be a fight.

[0] https://en.wikipedia.org/wiki/Double_Irish_arrangement

[1] https://en.wikipedia.org/wiki/Dutch_Sandwich


That is pretty much the game Google and co played at least more than one or two times.

Last pre-COVID19 example was probably Facebook trying to circumvent the idea behind GDPR by claiming their user use facebook because the _want_ advertisements and _the only way_ to provide customized advertisements is by thoroughly tracking everything the user does and therefore the they don't need any additional opt. in/out from the user. Which is both pretty much not quite true.

(In GDPR there is a clause that e.g. if you sign a contract they contract doesn't need to state that the contract will store your name provided through the required name field and similar, you still need permission if you use the name for anything but "the contract", like e.g. statistics).


> EU's protectionism

What exactly is the EU protectionism in this context? It's not like member states are just coming up with laws specifically to draw fine revenue out of American companies and to prop up local competitors.

It's a cultural clash between American (and other nation's) companies pushing the envelope of a capitalism in a more socialist regulatory market.


I think he's saying that it isn't the specific laws, but the selective enforcement thereof.


Par for the course. Monsento was immune in the US... until it got bought by Bayer


Or Monsento's previous owners/shareholders saw the writing on the wall and offloaded it at the ideal (for them) time.


If you are running the company, Sloppy compliance is never the correct choice. It will add a unnecessary (from the company point of view) liability for the future. Given the risk to the health of workers in this case, its not even the correct moral choice. Suspension is bad for their revenues but is morally and legally correct way forward.


I think it's amusing that Amazon knows exactly what it's doing with this threat. France knows exactly what it's doing with this threat. The only people who don't seem to understand what's happening are the commenters here on HN.


> The only people who don't seem to understand what's happening are the commenters here on HN.

Sadly this is true of almost every topic other than software engineering, electronics and rockets.


And also software engineering, electronics, and rockets.


Or may be every single thing that happens in the world doesn't need to have sinister motives behind it ?


Oh come now, Machiavelli was satire. /s


I don't expect France to know what it's doing at all. Not long ago they had massive protests for a very long time and it was handled poorly. And this seems like a regular occurrence there.


But isn't that why we all love HN?

/s (kinda)


Operating the company is an "unnecessary liability for the future."


Sloppy compliance is the correct choice both here and generally

Oh my gosh. No.

There are countless examples of companies who have put a good faith effort into complying with laws and regulations only to have the gov't drop the hammer on them later.

And why not? Companies make good whipping boys for politicians and it's a relatively risk-free way to score political points.


Why would Amazon go through with sloppy compliance if they think they will be fined more than they can make?

Not providing an enumerated list of essential goods makes it extremely likely that no matter what Amazon stops shipping, something Amazon thought was essential is deemed non-essential and results in fines.

Deciding you can’t win isn’t throwing a temper tantrum; it’s a business decision based on likely outcomes and the profit/revenue of those outcomes.


> Sloppy compliance is the correct choice both here and generally

I’d say a more correct approach would be to assess the risks associated with any decision, according to whatever framework your fiduciaries deem necessary, and then to simply disregard the casual criticism of armchair commentators as irrelevant.


Smart idea. Cancelling my prime membership also.

For a company that is known for the one-click-buy, they definitely make it hard to cancel.

Had to go through app - website - German website ( that's a first) - "click here to cancel" ( doesn't do anything, but found something on the same page "I do not want to use my advantages" does seem to do the trick).

I kinda hate what some companies/people are currently doing though.

Also, some people are really stepping up like Bill Gates, but I don't know if it will be enough.


What's hard about it? I cancel my prime membership every other month (always switching between Netflix and Amazon). Click cancel, five times okay, and done.


Switch from app to website, languages ( I don't speak German) and false action button ( click here to cancel, that doesn't do anything)

Like I said before...


> Almost all laws and legal orders have some ambiguity to them.

That doesn't make this a desired trait that should be willfully accepted. Force them to make them not ambiguous, otherwise they will remain as such. Ambiguous laws and punishments are one of the largest sources of judicial inequality in every nation.

Authority does not need to be respected if it does not respect those who authorized it.


> That doesn't make this a desired trait that should be willfully accepted. Force them to make them not ambiguous, otherwise they will remain as such. Ambiguous laws and punishments are one of the largest sources of judicial inequality in every nation.

It's not that simple. Fuzziness can be necessary to prevent bad actors from subverting the law through loopholes and to make the law applicable to future situations where it would reasonably be expected to apply. Fuzziness is also helpful to keep the law from being over-prescriptive.

For instance, if you have a copyright law you might write it to apply to any "creative work" but leave that relatively undefined and left up to interpretation by a reasonable person (i.e. a judge). You don't want movies left unprotected, because the law was unambiguously written to only apply to writings.

Similarly, you might write a law to mandate the availability of reasonable protections against infection, but you don't want the law to unambiguously require specific practices like hand-washing (because effective alternatives like hand-sanitizer didn't exist when the law was written).

Most people here are software engineers or have familiarity with software engineering, analogous situations occur around writing requirements.


>For instance, if you have a copyright law you might write it to apply to any "creative work" but leave that relatively undefined and left up to interpretation by a reasonable person (i.e. a judge). You don't want movies left unprotected, because the law was unambiguously written to only apply to writings.

Maybe in the anglo-saxon law system, this is true. In countries with napoleonic or roman law system judge's role is generally considered to be to apply the law as it is written, with the assumption that the law in most cases is sufficiently clear in itself.


> In countries with napoleonic or roman law system judge's role is generally considered to be to apply the law as it is written, with the assumption that the law in most cases is sufficiently clear in itself.

I was under the impression that those Napoleonic/Roman law judges still have to interpret the law's meaning and apply it in ambiguous situations, but the difference is that their interpretations aren't binding on other judges like in the Anglo-Saxon system.


The difference is more when it comes to precedence, which allows judges in Anglo-Saxon countries essentially to create law.

Judges in France still need to interpret laws according to what they intended to do. There's then a majority and minority opinion(s) on how that law is intepreted, and these things are set by discourse and precedence, with judges being free to decide.

In practice the difference is not so large.


> Fuzziness can be necessary to prevent bad actors from subverting the law through loopholes and to make the law applicable to future situations where it would reasonably be expected to apply.

This is just a flowery way of granting unchecked power to prosecutors under the theory that they'll use it in good faith. If the law is ambiguous and the prosecutor is allowed to choose an adverse interpretation in order to ensnare "bad actors" then they can really use it to ensnare anyone for anything, because everyone is technically in violation under the strict interpretation so all they have to do is decide who they don't like and charge them with the violation that everyone is technically committing. It's a complete abandonment of the rule of law.

The answer to "loopholes" is to close them, or better yet take more time to evaluate what you're doing from the start so you don't create them in the first place. Notice in particular that nearly all "loopholes" come from some combination of internal inconsistencies, unnecessary complexity or an inherent unreasonableness of the rules to begin with. (If you find yourself spending all day carving out exceptions to a rule, chances are it's a bad rule.)

> Fuzziness is also helpful to keep the law from being over-prescriptive.

This is not actually helpful because vagueness prohibits more alternatives than specificity. Overly specific rules are to be avoided, but at least then you know how to comply with them. If the rule just says "don't be bad" then you have to sit motionless and do nothing because there is no way to know what "bad" means until judgement is being passed and it's already too late not to do it.

> For instance, if you have a copyright law you might write it to apply to any "creative work" but leave that relatively undefined and left up to interpretation by a reasonable person (i.e. a judge). You don't want movies left unprotected, because the law was unambiguously written to only apply to writings.

This isn't an argument for intentional ambiguity. "Writings" was ambiguous because more than writings didn't exist when it was drafted. So it wasn't ambiguous in practice for about a hundred years. Then movies and sound recordings came to exist, there was a court case about whether they could be covered, the answer was yes, and once again the answer was unambiguous for about a hundred years since. There was only a short period between when the world changed and when the law was clarified that the answer wasn't clear. This is how you want it -- it shouldn't start off as ambiguous when it's passed and if something changes that causes it to be unclear then an interpretation should be chosen promptly so that it goes back to being unambiguous. The ambiguity is a thing to be minimized to the fullest extent practicable.

Notice also that the Copyright Act doesn't say "creative work" but rather "work fixed in a tangible medium of expression," which is much more suitable language than "creative work," because it doesn't exclude movies or VR works just because they didn't exist when the words were drafted, but at the same time it then doesn't cover abstract ideas or unrecorded expressions or inventions that should be covered by patent rather than copyright.

> Similarly, you might write a law to mandate the availability of reasonable protections against infection, but you don't want the law to unambiguously require specific practices like hand-washing (because effective alternatives like hand-sanitizer didn't exist when the law was written).

Except that then no one has any idea at all what "reasonable protections against infection" means. Does it mean washing your hands, or full hazmat gear? Does everyone have to wear the hazmat gear or only doctors? Do you have to wash your hands after every new patient or is it against the law to only do it three times a day? Does it matter if the patient evaluation indicates they're not infected?

That rule tells you nothing. It gives cover to negligent providers with good lawyers and gives cover to malicious prosecutors who then have a pretext to prosecute anybody they don't like.

> Most people here are software engineers or have familiarity with software engineering, analogous situations occur around writing requirements

This should make them more familiar with why you're wrong, because in technical writing you have similar constraints and manage to deal with them even when there is no judge to provide an ex post facto interpretation. It is necessary to be clear about what you're saying from the start.


>This is just a flowery way of granting unchecked power to prosecutors under the theory that they'll use it in good faith. If the law is ambiguous and the prosecutor is allowed to choose an adverse interpretation in order to ensnare "bad actors" then they can really use it to ensnare anyone for anything, because everyone is technically in violation under the strict interpretation so all they have to do is decide who they don't like and charge them with the violation that everyone is technically committing

No, it's not. In the U.S. law system, the prosecutor does not determine the boundary of what a "creative work" is. That is determined by CASE LAW, which the judge applies based upon the facts of the case. The notion that statutes can, without ambiguity, capture all that they need to is defied by the entirety of legal history.


> No, it's not. In the U.S. law system, the prosecutor does not determine the boundary of what a "creative work" is. That is determined by CASE LAW, which the judge applies based upon the facts of the case.

What does this change from the perspective of the person who is trying to comply with the law? You don't know what the law makes illegal but if you do something the government doesn't like then the government will decide whether it's illegal after the fact and punish you for doing it even though they never made it clear that it was actually illegal.

> The notion that statutes can, without ambiguity, capture all that they need to is defied by the entirety of legal history.

This is still not an argument for purposeful ambiguity. The fact that absolute perfection is impossible is a lame excuse for not even trying.


>What does this change from the perspective of the person who is trying to comply with the law? You don't know what the law makes illegal but if you do something the government doesn't like then the government will decide whether it's illegal after the fact and punish you for doing it even though they never made it clear that it was actually illegal.

Yeah, for things that are not readily apparent, you might need a lawyer to help you understand if your conduct is illegal. Have you looked up the statutory definitions for what a work is in copyright? For like 99% of people and businesses it is clear. What do you propose as an alternative? This is a pretty absurd conversation because you seem to not acknowledge the reasons for WHY the law functions this way and just posit a world that doesn't have the problems the real world does.

>This is still not an argument for purposeful ambiguity. The fact that absolute perfection is impossible is a lame excuse for not even trying.

Feel free to describe a better system. It's gotta be real though, you can't just say "a system where everything is already prescribed"... that's just fantasy


> Yeah, for things that are not readily apparent, you might need a lawyer to help you understand if your conduct is illegal.

You're just talking about case law. That isn't actually any different. If something is made unambiguous by case law then it is unambiguous.

What I'm talking about are laws that a lawyer cannot tell you with a high degree of certainty what the outcome would be in court, because it was made purposely fuzzy specifically to allow the law to be retroactively interpreted adversely against anyone who draws the ire of the government.

> Feel free to describe a better system.

Here you go: In matters of statutory construction when the government is the prosecutor/regulator, the parties submit their briefs, they're read by 9 independent judges who are all told to construe the statute against the government if it's ambiguous, the judges don't get to talk to each other, the defense gets to choose which judge's interpretation to use, and that interpretation becomes precedent until the legislature changes it by statute. The government's only appeal is to the legislature (which then only applies to future cases).

Now if there is an ambiguity, it is likely to actually be construed against the government, so the government has an incentive to resolve it ahead of time whenever reasonably possible. When that isn't possible, it goes in favor of the defense in the original case and then the legislature has the opportunity to clarify what they want for future cases by passing new legislation.


> You're just talking about case law.

No, I'm not. Statutory interpretation isn't inherently clear just because you SAY it would be. Interpreting statutes does not have to be done with an eye towards previous cases. It can be done in a vacuum, as I pointed out to you in another thread - that's how it works in civil law. Even in common law, the factual circumstances of a case dictate whether or not precedential cases are relevant. Nevertheless... there is an INTERPRETATION LAYER.

>What I'm talking about are laws that a lawyer cannot tell you with a high degree of certainty what the outcome would be in court, because it was made purposely fuzzy specifically to allow the law to be retroactively interpreted adversely against anyone who draws the ire of the government.

Ok - give an example of such a law...

> Here you go: In matters of statutory construction when the government is the prosecutor/regulator, the parties submit their briefs, they're read by 9 independent judges who are all told to construe the statute against the government if it's ambiguous, the judges don't get to talk to each other, the defense gets to choose which judge's interpretation to use, and that interpretation becomes precedent until the legislature changes it by statute.

You are suggesting that a defendant get to set precedent merely based upon their own selection. You are aware that, save for that, this exactly how the appeals circuit functions?

Like, I'd be happy to have this conversation genuinely with you, but you clearly have no experience in the legal world. Ambiguity is ALWAYS construed against the government and it's a foundational principal of our legal system. It seems more like the problem is your own ignorance, not how the law actually functions.

Also, it seems like you do not understand the distinction between civil courts in the united states and criminal courts.


But what you are saying here counters what OP is replying to. "Fuzziness" has no place in a system of law. There should be a way to trace back, as you said with case law, to find an unambiguous decision. If not, the law needs to be clarified, not left fuzzy.


What OP was replying to is not "fuzzy". He is calling it "fuzzy" without substantiating why or how. What I am describing is the system he is claiming is fuzzy.

He's basically saying "the US law is fuzzy because there are lawyers, whereas in other systems there are only judges" which really fails to understand the different systems of law in two key ways.

1) As I described, the US system is not actually fuzzy. Pretending there is a legal system that only "just applies the law" that does not have a 'reasonableness' layer is factually incorrect. It is also factually incorrect to say that the prosecutor determines whether or not the law is violated. It's obviously not true and it reflects a tremendous misunderstanding of the adversarial legal system. In this system, the differing sides argue for their interpretation and application of the law to the facts of the case. The judge, in hearing their arguments, makes determinations along a set of guidelines as to HOW THE LAW APPLIES TO THE FACTS. That is to say, the complete opposite of what this OP described. In the US system, the JUDGES APPLY THE LAW.

2) In non-adversarial systems, what the judge does is more than "just apply the law". The judge performs the roles of the adversarial sides, just within the judge's head. The judge determines, based upon his own belief (and I'm sure, some guidelines) what either side would argue, and from there, applies the law to the facts of the case to determine outcomes. This is why it is factually incorrect to suggest this system is in any way more or less fuzzy. If a system simply just "applied the law" without any regard to the debate of the factual circumstances of the case, there would be no need for JUDGMENT.


France does not have common law with the notion of case law setting a precedent, they have civil law.


Right, that's the #2 scenario where all the decision-making is done by the judge. The judge doesn't check off a list. He reads the statute, considers the facts presented, and determines how best to achieve the goal of the statute. He just doesn't refer to previous cases, and considers each case uniquely. But precedent in the common law is only as binding as the facts and argumentation convinces. So that's why I'm saying the differences between these two systems are more mechanical than they are substantively different approaches where one is reasonable and the other isn't. Neither system chains themselves to the rote definition of words or statutes. In both legal systems, reasonability and judgment are used to ensure that the law is being applied appropriately.


> [no] case law setting a precedent, they have civil law

"Civil law" is too restrictive a term for what you mean, and there certainly is a direct analogue to case law precedent.

Civil law ("droit civil") is simply the part of the law of France that deals with personal matters including contracts between private (non-state) entities; marriage, divorce, adoption, inheritance, and other family matters; landlord-tenant and other private property matters. The broader private law ("droit privé") includes employer-employee law, commercial sales law (advertising, warranty, and so forth), insurance law, shipping and transport law, manufacturing law (standards and practices) and so forth.

Public law ("droit public") includes criminal law ("code pénal"), constitutional law (which defines public bodies and their broad responsibilities especially with respect to human rights), and administrative law (which governs the powers of public bodies and provides recourse for adverse decisions and other private-party claims against such bodies).

Both types of law are codified in regularly-updated statute, and there are some eighty extant codes.

The codes are binding on all the courts, and a goal of the process of revision is to make the codes sufficiently comprehensive that they apply to practically all cases. Where codes are insufficient, the courts must of course make practical decisions anyway, and there they are bound by jurisprudence constante -- matters not yet codified should be as in accord with the code as possible, and subsequent decisions in similar circumstances should aim to be in accord, with a view to making it easy to amend the code.

Appeals decisions in France do not bind all the courts below in common to the ratio of the appeals court judgment. This is the "common" part of common law: it binds all the courts within the same jurisdiction, with statute overriding other sources of law. In France, the statutory codes are the overriding source of law, but all courts are bound to aim for predictable, stable justice, even if that (seemingly paradoxically) means disagreeing with a previous judgment of a senior court. The Court of Cassation in France reviews questions of law and procedure, with the goal of ensuring that the interpretation of the law is uniform throughout France. This is somewhat like restricting itself to dealing with "circuit splits" in the United States's federal court system, but not driven by the facts of the cases in question as opposed to whether the code was applied at all, and what was done to maintain jurisprudence constante.

In common law jurisdictions, typically one typically must "distinguish" a case in a lower court from a precedent set by a higher court, and hope that the distinguishing is either not appealed or survives on appeal. However, in the French system, when faced with a series of similar cases and an argument that this forms jurisprudence constante, one may still persuade the court that an exception is justifiable. The most important difference is that one decision by a higher court can trigger a requirement to distinguish in common-law systems, whereas in French law formally only the codes themselves are binding in the strict sense.

Note that there are codes in many common-law jurisdictions, examples include the Criminal Code of Canada, the Uniform Commercial Code in the USA, and so forth. These consolidate into single codes what historically (and still in England & Wales; Scotland has a much more Roman law system than E&W) appears scattered across several Acts of the legislature. However, even in England & Wales statutes are updated from time to time to reflect results in the courts; most common-law jurisdictions have some form of law commission which proposes amendments (and sometimes consolidations) to the legislature to effect this in a non-partisan manner. This is almost exactly how the codes in French law and similar systems are updated over time, too.

While there are surface differences between French law and Irish law (which is similar to English law for historical reasons), statute law -- the codes, in essence -- have been converging as the European Union has evolved. Consequently, I think there is an argument that the main difference between the system of (non-constitutional) law in the USA (and the several states) and the system of (non-constitutional) law in France is in the historical policy choices of the respective legislatures, and the differences in political and legal cultures. There are sharp differences between the political and legal cultures of the USA and England and Wales, or Canada, too, and these bubble up into the judiciaries rather than being driven by them.


> But what you are saying here counters what OP is replying to. "Fuzziness" has no place in a system of law. There should be a way to trace back, as you said with case law, to find an unambiguous decision. If not, the law needs to be clarified, not left fuzzy.

I don't think you have a very good understanding of the US legal system. Caselaw consists of interpretations of laws made after (sometimes long after) those laws came into force. It's a reflection of the inherent ambiguity and fuzziness in any body of law.

Law isn't like computer code. While there may be some philosophical appeal to the idea of a law code that's unambiguous and requires no judgement to interpret or apply, such a goal is actually impractical and undesirable.


I understand the US Legal system very well. I think enough people have broken down your fuzziness point as moot at this point, but you downvote and cling to it.

I know it's tough being wrong on the internet, but just the L on this one.


It's not a desired state, it's a natural state.

By this I mean we don't know how to make such a system practical without ambiguity. Not that people haven't tried.


[flagged]


Weird that "I personally feel obliged to stop harming people through my actions" suddenly makes me a dreaded SJW.


Amazon employees aren't slaves. No one is forcing them to endure my actions.


You have a very poor understanding of labor history if you think the two possible states are a) violently enforced chattel slavery and b) everything's perfectly fine. If you were looking to correct that ignorance, you might try Loomis's "A History of America in 10 Strikes".


Your argument seems to imply that an Amazon employee is unable to quit their job to find better working conditions. Under current, modern American labor laws, this is not true.

Edit: I own a business, so I do know about employees leaving for better jobs.


> The court gave a short deadline for meeting an ambiguous target with respect to a complex international logistics network.

The court gave a short deadline because it should have been done a while ago already. Let's not pretend like it's a surprise.

The government asked to stop any non-vital activity a month ago. Amazon, instead of interpreting this as: let's reduce our activity to just the part that qualifies as vital (vital for the country, not vital for Amazon margins), interpreted this as: since we ship some vital stuff, all of our activity is vital, and can proceed like business as usual. This is just a usual greedy move where profit comes before health of the employees.


I don’t see a clear definition of what is included or not for “vital” goods. That ambiguity just gives France or whomever the ability to be dissatisfied with Amazon no matter what they do.

It’s hard to cast Amazon as the villain here if France won’t provide a clear definition of vital.

Off the top of my head they could use Amazon and Google’s product taxonomy to explicitly identify categories that are allowed/not which would scope this further down to a, still challenging, classification and content moderation problem.


Unfortunately, the government explicitly listing allowed and denied categories would result in people finding luxury goods that were still allowed, and condemning the government for that (expensive foods, for instance) - and simultaneously finding banned products that could be argued to vital, and blaming the government for that. Leaving it vague lets that blame be shifted to Amazon.


This is exactly what happened with Michigan's latest order to shut down non essential commerce. Paint and furniture were banned by name but most things weren't.


> I don’t see a clear definition of what is included or not for “vital” goods.

Read the shutdown orders, they will clarify this sort of stuff.

Vital goods are goods that are necessary for human life, shelter, and the operation of businesses that have been declared vital. (Which are thoroughly enumerated in most shutdown orders).

Most of Amazon's business, by that definition, ships vital goods. I don't think any western country has so far discriminated between vital goods going to vital businesses, versus non-vital household use, so most of their business is permissable...


Every business everywhere is using some off-base construed logic to classify their employees as "essential." Even Gamestop in the US wanted to be considered "essential."

I develop software and systems in an almost pure R&D environment and all of my current project work is, as far as citizens in this country are concerned, non-essential, yet my employer blasts almost daily emails that play semantic gymnastics as more and more lockdown requirements were/are issued by states and municipalities that (surprise) are construed by management that everyone is "essential" through a long drawn out and highly questionable argument.

It's comical to watch greed try and define essential because for greedy behavior: money is essential. They'll wiggle around definitions and policies all day as much as they can to limit shutting down their revenue streams.


On the flip side, in some places the gov't has made arbitrary choices as to what constitutes essential, and it turns out that the definition of essential can vary considerably between individuals and different life situations.


> The court gave a short deadline because it should have been done a while ago already.

This isn't logical. When you order someone to comply with something, you give them the amount of time it takes to do the task. If you want to punish them - fine them. Ordering them to do something impossible and then criticising them for failing is just intentionally setting them up to fail.

...so the only logical response is for them to suspend operations.


> When you order someone to comply with something, you give them the amount of time it takes to do the task.

The French state didn't issue a mere suggestion a month ago, it was an order. The court just upheld the order. Amazon had the entire month to prepare.


This is not a logical position.

If Amazon cannot comply with the order in the time NOW given, then their only alternative is to suspend operations.

Whether or not they wasted time in the past, is irrelevant at this point.


> This is not a logical position.

I wasn't arguing that they should or should not close, I simply responded to OP comment that they didn't have enough time to comply, while they in fact had that time (not anymore).


What is vital and necessary?

Is toilet paper vital and necessary? One person may say no and other may say yes!

What about cheese? What about mop? There are literally millions of items, each of which would need to be cleared with a lawyer now.

Why would you do that? Especially if other retailers don’t have to comply with a similar order.


Amazon has prioritized shipping of vital and necessary items already worldwide, so they do know what qualify as such, let's not pretend it is an impossible task.

I also do not believe the french state would bother Amazon because Amazon included toilet paper in their list while it's not on France's list. It's the complete inaction and not acting in good faith that has prompted the state to take action against them.


> The court gave a short deadline for meeting an ambiguous target

Everyone in the world is trying to meet an ambiguous target. You know what happened to all the small businesses in my neighborhood? They are closed until further notice.

Amazon employs an underclass (warehouse workers) that we all expect to risk their lives for our comfort. French court said: "non". Good for them.


And good on Amazon for responding by doing what small businesses are doing.


Not really. Businesses that sell essential goods (the ones allowed by the court order) are still operating. The others would too, if they could. They don't have the deep pockets that Amazon has to try and override the sovereign decisions of a democratic republic.


How is Amazon overriding the sovereign decisions of a democratic republic in this case? AFAICT they are obeying the sovereign decisions of the French court. Overriding would be the "sloppy compliance" approach advocated upthread. The court did not order Amazon to stay open, and even if they did I doubt that would be a legal order according to France's own laws.


> How is Amazon overriding the sovereign decisions of a democratic republic in this case?

They are not, but they are aiming at leveraging their near-monopoly status to create public outrage against the decision. What else would motivate their decisions to forego profit on the allowed product categories? I am assuming we are all intelligent adults here, no need to spell out everything...

You can say what you want about Amazon, but they always take the long-term view when it comes to profits.


> What else would motivate their decisions to forego profit on the allowed product categories?

Let's look at the situation. First, there's the added cost of complying. Second, there's a risk that even with a good faith attempt, they would not be able to comply, and thus there could be fines. Third, by restricting what can be sold, the order may have diminished Amazon's revenue and profits. So it could very well be that under the order it is not profitable for Amazon to operate its warehouses in France.

> They are not, but they are aiming at leveraging their near-monopoly status to create public outrage against the decision.

Maybe it's a bad decision with bad consequences, and that is what would cause any outrage. Maybe there won't be any outrage after all, since the French apparently have solidarity with the workers in these warehouses? I don't see any evidence that Amazon is artificially inflating their response to generate outrage.


That’s not what’s happening though. This is a negotiation tactic. They want you to think that compliance demands of the court has made are unreasonable. If that is so, what other shipping companies or other large essential firms are also having these problems?


I don't doubt they do lack those funds, but if all it takes for a company to override the sovereign decisions of a democratic republic is "ceasing to do business," said democratic republic has bigger problems.


It's a war of attrition, let's not be simplistic.


Yes. Those would be the bigger problems: that a nation-state can be undercut by a business going "N'ah."


I’m curious to know to what extent these shutdowns are affecting alcohol sales.

In New Zealand, which is still under full lockdown, supermarkets and dairies still sell wine and beer.


It wouldn't surprise me if alcohol sales are up. People are stuck at home with nothing to do. The aftermath of this is going to be disastrous in so many ways.


Wine shops, for what it's worth, are considered essential business in France.

Source: A friend of mine, who lives in Paris and is into wine.


The court gave a short deadline

According to the article, Amazon had a month and didn't get its act together, and this is the follow-up action by the court.

ambiguous target

Says Amazon. Amazon doesn't say what was ambiguous.

with respect to a complex international logistics network

You don't get to endanger people's lives just because you're a big company operating in multiple markets. Plus, Amazon isn't exactly hurting for money.


I think not only "French customer", I order stuff from amazon UK while living in Switzerland and often goods go through sorting/whatever facilities in France. Maybe it'll just get routed different way without much impact, not sure.


Moreover, clear rules would give a level playing field for all online shops.


If Amazon was actually worried about worker safety, they would already be in compliance.


>Amazon’s choices are to sloppily comply or halt until they can properly do so.

And if we're being intellectually honest here, you can't even "sloppily" comply with ambiguous targets.


It sounds like you're raising an interesting point, but it's not exactly clear what your logic is. Mind clarifying?


Well the article is consistent with the ones you posted. I don't see any other side of the story. It's rather a continuation of the same story.

“Our interpretation suggests that we may be forced to suspend the activity of our distribution centers in France,” Amazon said in a statement. “The court gave categories that are very general and create ambiguity that would be too hard to implement, this is a complex business to run,” a spokeswoman for Amazon told Bloomberg.

Amazon isn’t able to reduce its activity and must shut down completely “because of the terms and conditions of the court order, especially because of their ambiguity and the absence of definition,” the e-commerce giant said in an internal memo that was seen by Bloomberg. The company will suspend activity at its fulfillment centers for an “initial period” of five days starting on April 16, it said.

5 days, with 100% of their pay btw. That does not sound like a "threat" to me. Why frame it as such?


"Threat" is a one of the biggest weasel words I see used by the media to influence their readers. If the subject of the article is meant to be sympathetic, the media will instead use the word "warn" which is more neutral. If the subject is meant to be a villain, they'll use "threat" since it has a connotation of violence.

This headline could have easily been written as "Amazon states it may suspend French deliveries ..." but that doesn't portray Amazon as negatively as the author wanted. Amazon is meant to be the villain in this article.


To be fair, if the deadline is short and if it's indeed unclear which activity Amazon is allowed to do now, taking a moment to figure that out is not that bad of an idea.


The court's ask seems reasonable given the circumstances, but 24 hours to deal with a complex logistical problem is... kind of like management pulling deadlines out of their ass that no rational person thinks is actually possible.

If the deadline was, say, 1 week, then I'd agree that it seems like a fair demand.


1 week delay for the whole company would cost them 7 millions IIUC. not that expensive all things considered.


Yeah, 24h, sometimes I'm waiting for simple email reply longer, bit tight.


To be fair, they've been warned several times ...

If they're not happy, they can leave. It's not like we don't have other (law complying) marketplaces.


That's essentially what they've done, at least temporarily.


>taking a moment to figure that out is not that bad of an idea.

This is a tax. The whole point is that they should've been doing this from the start. They've had 4 months of moments to figure out how to keep their workers safe, and the fact that they have union busting history makes this all worse.


The best way to keep the workers safe, is to send them home

Now people complain that they are sending them home

Amazon is just todays "big evil corporation" and nothing they do will be "correct"


If the shoe fits.


>Now people complain that they are sending them home

AFAICT the only people complaining are the ones complaining that Amazon shouldn't have to protect their employees.


My reading of this situation is that they were doing everthing they could to ensure worker safety while continuing to operate, got sued because their efforts weren’t perfect.

The courts ordered them to meet an unrealistic bar, so the only way to comply with the court order is to shut down for a week.

This is what the judge ordered. If the judge didn’t want to create artificial shortages during a crisis, they should have thought more carefully before deciding the case. Note that Amazon’s appealing the ruling, so hopefully the judge will be overruled.


24 hour deadline is a middle finger by itself.

Mission impossible really.

So court had set them up to break the law.


The 24 hour deadline came after Amazon has been failing to comply for over a month.

A month of non-compliance is the middle finger. The 24 hour deadline is a 'This is your last warning'.


Then I would say shutting down is court's intention.

Amazon doesn't do anything wrong here. If it can't improve in a month, surely it can't improve in 24 hours.


Can't, or won't? I'm betting it's the latter. Amazon refuses to say why it can't comply.

If they couldn't comply, why won't they say why? Which parts of the rules are arbitrary and difficult to comply with?


>raising a middle finger

>Which one seems like a smarter response?

Amazon's response seems reasonable to me, under the circumstances. Your characterization of their response is unfair.


Yes, I agree. I'm not an Amazon fan at all and disagree with most of the behaviour of this company, but in this case it seems to be the right thing to do. Stopping while figuring out how to adapt their business seems logical and the safest thing to do for its employees.


I think 5 days to design & implement changes encompassing an ambiguous set of requirements in such a truly massive systems isn't unreasonable, and isn't a "middle finger".

I do, however, think it serves as a signal to the French courts that rulings of this sort can have unintended consequences, and perhaps more care should be taken: 24 hours is not a reasonable deadline for such an undertaking. It seems strange the court did not enter into a dialogue about how long changes would take: It is an obvious issue that would need to be addressed. Had they done so, the court, rather than Amazon, could have decided what happens in the interim before a reduction to "essentials" could be implemented.


It seems like French government is going to pay for most of the workers salaries in both case: a plan that you may activate in France in case of "substential order decrease", which is caused by any outcome of the current situation as I understand it.


Amazon seems to have no clue what they’re selling a lot of the time (they are often criticised for selling counterfeit or inferior products).

I doubt they could comply with significantly upping their product control.


They threaten to stop an essential service during a national emergency? Yes, definitely a smart move.


I don't really know the French legal system but I'm pretty intimately familiar with health and healthcare law in the US. While there's not a lot of information in the Bloomberg article, I'm fairly certain "doubling down on efforts to ensure worker safety" is not enough. (It's possible the court gave an actual list of steps that need to be taken in that regard? But if it did, that was not highlighted in the article.)

Bottom line, based on the little that was in the article, if coronavirus shows up in your facility despite your doubled down efforts you're still liable. A court of law is a court of law in the US. The liability would be with you. Again, maybe there was some more clear instruction given? But if not, there's a lot of rope there to hang yourself with. Best to just stop doing business in that jurisdiction. At least until you have a better idea what's going on.


Doesn't seem like a threat? More of a recognition of the necessary consequences of this particular order. If the court says to stop doing some things, and the wheels are too big to be changed while in flight, then Amazon should shut down for the time it takes to figure out how to comply. That's just obeying the court, right?


Well that's true. A court order is a court order.

Obviously you shut down. I don't think any reasonable people have an issue with that. What I'd like to understand more is what are the steps sufficient with guaranteeing, (or, I guess, better protecting), health? I can't really make out what is not being done that needs to be done vs what is being done that shouldn't be done vs etc etc etc.


Of course it's a "threat". Amazon doesn't want to shut down in France, they just want not to be subject to this court order. France doesn't want Amazon to shut down in France, they just want them to honor this court order. The only reason you announce a policy that no one wants is as a negotiating tactic. "Honor my desires or else the outcome will be worse for both of us" is, logically, what "threat" means.

Now, no, Amazon can't possibly do what the order asks in 24 hours. But they certainly could make a good faith attempt.

I made this point yesterday, but I remain amazed at the extent to which Amazon let itself be painted the "bad guy" in all of this, simply by not being willing to negotiate with their workers on an equal basis. A world where Amazon had a healthy relationship with its unions isn't one where everyone comes at them with a knife during a crisis trying to protect their workers.


> But they certainly could make a good faith attempt.

In my understanding, court orders are not a polite requests. They are demands, with the force of law standing behind them. You don't make good faith attempts to comply with them. You comply, or risk severe consequences (in this case, 1M euro/day). If Amazon can't comply in the time frame allowed, shutting down is probably the right call both for their business and from a public morals perspective.


> You don't make good faith attempts to comply with them.

Uh... "Good faith" is, literally, the term of art used in the legal profession to define the criteria for honoring a contract or order.

Obviously, no, the court could be a total jerk about it and demand ridiculous things. But that's not the way it's supposed to work. The whole point behind the "rule of law" is that we trust each other (Amazon, its unions, the courts) to be reasonable, tell the truth, and honor our agreements in the spirit in which they were made.

People who insist on looking like this as a war with combatants are the ones who are missing the point. I mean, look, the court in France is trying to protect workers. That's a good thing. You agree that's a good thing, right?


> "Good faith" is, literally, the term of art used in the legal profession to define the criteria for honoring a contract or order.

No. Honoring a contract and a good faith attempt to honor a contract are not the same. A good faith attempt does not exempt you from the consequences of failing to perform a contract or comply with a legal order. In some cases it is a mitigating factor, but it is not by any means universal.

If the French court wanted Amazon to make a good faith attempt to do something, that is something they could have ordered. But they ordered compliance, not an attempt at compliance (as is their prerogative).

> Obviously, no, the court could be a total jerk about it and demand ridiculous things.

You mean like a 24h deadline for compliance with a large set of changes to operations?

> The whole point behind the "rule of law" is that we trust each other (Amazon, its unions, the courts) to be reasonable, tell the truth, and honor our agreements in the spirit in which they were made.

Tbh I'm not seeing the connection between rule of law and social trust. You can have high trust societies with less rule of law, and low trust societies with more rule if law. They are separate, loosely connected dimensions.

> People who insist on looking like this as a war with combatants are the ones who are missing the point.

I am not such a person.

> I mean, look, the court in France is trying to protect workers. That's a good thing. You agree that's a good thing, right?

I'm not sure I could make any such blanket statement without knowing the state before, the desired state as indicated by the court order, the evidentiary and legal bases of the decision, etc. The impulse to protect the vulnerable is good. The means by which societies choose to implement that impulse can cause harm, and I judge actions by their results, not their causes.


> > Obviously, no, the court could be a total jerk about it and demand ridiculous things.

> You mean like a 24h deadline for compliance with a large set of changes to operations?

A 24h deadline after a month of stonewalling and zero progress from Amazon...


You seem to be assuming that the court ordered something it knew was impossible. That's, to borrow a phrase from the HN code of conduct, assuming bad faith on the part of the court. It seems much more likely to me that it just made a mistake and wasn't itself trying to escalate a war. That's not what courts do.

So... assuming the court thought this was a reasonable request, why shouldn't Amazon just try to comply?


> You seem to be assuming that the court ordered something it knew was impossible.

Perhaps it did, or perhaps it didn't. I don't think it's very relevant whether the court knew whether Amazon would be able to comply. It had its priorities, and it ordered Amazon to abide by those priorities. That's something that's perfectly within its rights to do.

But if the court were interested in Amazon's ability to comply, then it could have asked Amazon what it could and couldn't do in what time frame. It did not ask, or at least discarded the response if it did ask, so presumably its orders are not conditioned on Amazon's capabilities.

> That's, to borrow a phrase from the HN code of conduct, assuming bad faith on the part of the court. It seems much more likely to me that it just made a mistake and wasn't itself trying to escalate a war.

You seem really eager to assign good and bad faith and assumptions of the same to various parties, including myself. I am not eager to do that. I am also not willing to assume the court was incompetent or made a mistake. It gave an order, and presumably it had an understanding of the possible range of effects of that order. If it didn't, it could have availed itself of Amazon's thoughts on the subject before issuing the order. I assume the court did know the possible results, and it considers Amazon shutting down temporarily to be an acceptable short term outcome, if necessary to protect worker health.

> So... assuming the court thought this was a reasonable request, why shouldn't Amazon just try to comply?

Because the court said they would be fined if they failed to comply. I'm not making the connection on why Amazon's behavior should be conditioned on what the court's view of the reasonableness of the request is. Surely Amazon's behavior should first be conditioned on Amazon's view of the feasibility of the request, the potential economic and political consequences of failure, etc.?


The court order doesn't require a "good faith attempt"

It specifies to only ship essential items and proscribes a 1-million euro fine for every mistake Amazon makes. I don't even think it defines essential (I don't speak french and I don't see anything obvious in the order defining it, perhaps there's a callout in the text to another declaration which defines essential).

A much more reasonable requirement would have been to tell Amazon to not ship any non-essential items and to fine them 10x the value of anything they ship over, say, 5-10% their total shipments.

E.g. If Amazon ships 90 packages of toilet paper/essential items, they can accidentally ship up to 10 pairs of shoes/non-essential items. If they ship 11 non-essential items they would be fined 10x the value of that item.

Seems like that would be a much smarter way of laying-out that decision.


If France wants compliance, they have a duty to produce an order that's possible to comply with. It seems legitimate for a company to not want to be subject to an impossible order.


If you have a legitimate demand for something that is impossible, it still won't happen.


Original title is "Amazon May Suspend French Deliveries After Court Order" but OP changed it to something more clickbaity.


Original title was "Amazon Threatens to Suspend French Deliveries After Court Order", and Bloomberg just changed it. You could have assumed good faith.


>Original title was "Amazon Threatens to Suspend French Deliveries After Court Order", and Bloomberg just changed it.

(as trivially evidenced by the URL slug.)


They don't threaten, they obey the court that asked them to suspend deliveries because employees were not properly cared for. Let's not turn things around.

Don't worry, if Amazon stops selling altogether, small businesses will be more than happy to take back some market share.


I'm curious to see what the reaction of the French will be to this. I'd certainly be pretty unhappy if Amazon were turned off in my country.


Except that they won't be able to meet demands, especially for important products such as medical or safety products.


Amazon isn't able to meet demand for medical or safety products. Or home workout equipment. The only video game systems are from price gouging third parties. They've only recently caught up on toilet paper.

I'm not sure why you think Amazon is somehow immune.


> I'm not sure why you think Amazon is somehow immune.

The GP didn't claim that Amazon could keep up with demand.

Their general point is the whole supply chain is straining, and shutting down Amazon is going to exacerbate the issue. Maybe that's the right thing to do, and maybe it isn't, but the broad consequences are clear.

Between COVID-19 and the US-China trade war, I hope we're all taking a long hard look at supply chain diversity going foreword.


> The GP didn't claim that Amazon could keep up with demand.

That's true, but GP seems to think that we need Amazon to solve a problem which Amazon doesn't solve.

> Their general point is the whole supply chain is straining, and shutting down Amazon is going to exacerbate the issue. Maybe that's the right thing to do, and maybe it isn't, but the broad consequences are clear.

I don't think it's clear at all that shutting down Amazon will exacerbate the issue, because I don't think "the whole supply chain" is the issue. Specifically with medical supplies, the problem isn't that online retailers can't get stock to customers quickly enough. The problem is that stock doesn't exist. Unless Amazon decides to pivot into medical manufacturing, Amazon isn't the solution to this problem.

The reason Amazon is restocked on toilet paper is that toilet paper manufacture is fairly simple, so manufacturers have already pivoted to manufacture toilet paper. This is a credit to manufacturers, not Amazon.

> Between COVID-19 and the US-China trade war, I hope we're all taking a long hard look at supply chain diversity going foreword.

This we can agree on, at least.


Then Amazon may need a carve-out in best practices to supply essential services, which is what every nation has had to do in this highly-dynamic crisis.


Did you mean to say company? Because Amazon isn’t a nation, they simply comply with the best practices set out by the governments they operate under.

In this case the French government gave an order, which they need more than 24 hours to comply with, so they are temporarily shutting down in order to understand the law and make changes.


I believe "Then Amazon may need a carve-out in best practices to supply essential services, which is what every nation has had to do in this highly-dynamic crisis." is better rendered as "Then Amazon may need emergency temporary relief from best practices/regulations in order to supply essential services; every nation has had to be flexible with regulation and oversight in this highly-dynamic crisis."


Carve out can mean spin off, but it can also mean exception, including an exception to a law that lets a company operate. That's how I interpreted the parent.


This grossly overstates the Amazon's market share in France (17.5% of _online_ sales)


Is that supposed to sound small, because 82% is others?

Because to me it sounds amazingly large, that one company should do 17% of business for any market. And anything that is on a scale of countries, reducing it by 17% is going to be disruptive.


As much as Amazon deserves some bad publicity for how they handle their warehouse and wholefoods workers in the US, in this case I feel like they're being vilified unfairly for the shipping of non-essentials.

Walmart is shipping whatever-the-fuck, I can order nightstands and a bed on wayfair and weed from the SQDC (government)... Let's be clear, marijuana is not an essential for all but a very small percentage of the population using it as medecine...

Yet everyone's roasting Amazon for operating like it's business as usual while the smaller players run wild.


Shipping non-essential items is not the problem here. They can ship whatever they want, but while doing so have to protect their workers. Amazon is infamous for creating horrible working conditions in their shipping centers, it's not a surprise that how they react to the virus is observed very closely. Especially in a country like France that already has a critical stance towards big US companies.


I'm assuming you didn't read the article? Banning the sale of non-essential goods is mentioned multiple times.

>Amazon.com Inc. threatened to stop activity at its fulfillment centers in France after a court order banned the sale of non-essential goods, concluding the retailer isn’t doing enough to protect staff from the Covid-19 pandemic.

And 24 hours to implement improved health procedures? Without being told which ones specifically to implement?

There's basically no limit to improving health procedures. They could go as far as hourly temperature checks, glove changes after every package, no more then 10 people in the entire warehouse, etc etc. And if they don't go far enough (according to the courts, in 2 years when all the appeals are finally figured out), then they could be fined 1.1 million a day since tomorrow.


This article is wrong about that; they are free to ship non-essential items as long as they demonstrate that they protect their workers' health.

https://www.lesechos.fr/economie-france/social/coronavirus-l...

>But the American e-commerce giant was condemned to "restrict the activities of [its] warehouses to receiving goods, preparing and shipping orders for food, hygiene and medical products", "until the company has carried out, with the participation of employee representatives, an assessment of the occupational risks inherent in the Covid-19 epidemic in all of its distribution centres and the resulting measures".


I did. My understanding is that they are banned now from selling non-essential goods as long as - or at least, because of - the proper health requirements are not fulfilled. The issue is not that they sold non-essential items in the first place. This is not a conflict like with gamestop misdeclaring their brick-and-mortar store activity as essential. The ban is the effect of other ascribed transgressions, the non-essential sales are not the cause.

I should have written: "They were free to ship whatever they want ...".


Just FYI, the guidelines for this form mention:

> Please don't comment on whether someone read an article. "Did you even read the article? It mentions that" can be shortened to "The article mentions that."


> Amazon is infamous for creating horrible working conditions in their shipping centers

Has anyone actually done a fair comparison of Amazon warehouse working conditions with those of other warehouses? Other than the presence of robots to help our their workers, nothing I've seen and read about strikes me as being out of line with any other warehouse. Or are they just the ones getting the flack because they are the largest and most visible?


This has been my thought every time something like this comes up. Nobody ever cares about Johnny's Distribution Center and their paying minimum wage with poor working conditions. Amazon meanwhile is a big easy target.

Similar to folks on HN every time someone discovers that the Facebook SDK exists in <random app> while generally ignoring every other tracker and app that is possibly much more nefarious... Bobs Tracking App™ doesn't make headlines like "Facebook is stealing your data"


You don't need a fair comparison to read articles like https://www.theguardian.com/technology/2020/feb/05/amazon-wo... and decide that this is not acceptable. Other warehouses being equally bad - which I doubt - doesn't fly for a company that is that profitable, big and popular.

Being large and visible might be a part of it, but their system being unnecessary cruel in the first place is reason enough.


Fair comparison doesn’t matter if we are proposing changing labor laws to solve the issue. A law would apply to all parties, including ones we don’t hear about in the news.

However, many people want Amazon to unilaterally change its labour practices. It’s not fair that they do this, while competing with Walmart the largest company in the world, if Walmart doesn’t need to change merely because they have better PR.

My cynical mind suspects Walmart has better PR merely because it’s part of an establish oligarchy who knows which hands to grease, and owns the media companies.


Hard to write this without using too inflammatory language. It's not an either or, a society can criticize bad conditions while being unable to provide labor protection laws. It says something about the country that is unable to do so, it might say something about the power of global enterprises if it happens in multiple countries, and it definitely says a lot about the importance of unions, how much their diminished power is felt now.

That's not limited to one country - but leads a bit far away from this specific french court decision. On the other hand, all of these contexts play into conflicts like this one.


Which you doubt? Cool, talk to any Kroger warehouse worker. That position is well known to pay 'ok', but will burn you out with awful conditions within a few months. Sounds a lot like Amazon doesn't it.

Don't underestimate just how many jobs countries have to maintain our standards of living.


It's not a race to the bottom.


If Amazon is "infamous for creating horrible working conditions in their shipping centers" then the only people you would expect that would be working there would be the bottom of the barrel workers, the people who can't get jobs elsewhere. Everyone else would move to better jobs.

Is this is what is happening?


Yes you're right. A lot of the critical work we depend on pays minimum wage and has awful working conditions and if those people had any opportunity to change their circumstances they would do so.


Are you referring to developing country jobs that are implicated in the supply chains for consumer products, or are you talking about first world minimum wage, like in France or the US?


Several answers:

1. Yes, in a way. Articles about Amazon warehouses regularly describe that people can work there only for a while before either burning out our simply trying to find something better. High fluctuation was a common theme.

2. Despite the issues Amazon has with unnecessary cruelty, quotes suggest that there is a higher and a steady pay, compared to shadier alternatives. Working there during the holiday season to make more than with alternatives was a regular motive in articles.

3. In anarcho capitalist countries like the US people risk dying or falling into utter poverty when not accepting work conditions like this. Not everyone can fall back into a programmer job (and now even less so), and most can't be sure that an alternative will turn up if they stop working and start searching. That bad jobs get taken does not show that they are acceptable in a system providing a basic standard. Same is true for countries like Germany, where not accepting bad jobs can mean not getting state support anymore (and yes, people died because of being sanctioned like that and then starving, that's not hyperbole).


You have some good points, but calling the US ancap is a bit strong.


I don't understand what Walmart has to do with France? They don't have any operations there...


My comment is global in scope as many governments have imposed essential business only rules and Amazon is getting roasted for continuing selling non-essentials though their business is classified as essential. This was covered in the article and is one of the main reasons why they're being ordered to shutdown and only sell essentials.

The same media attention is happening in the US, even vloggers with different demographics are getting their kicks in, Louis Rossman who kicked off the right to repair movement made a video about Amazon selling dildos at prime speed when ppe is delayed weeks.


Replace Walmart with Auchan and it's the same.


I would argue marijuana sales are essential. Not for the users necessarily but for the operations of the government itself. My state of Oregon just had its highest liquor sales ever in March. Recreational MJ sales haven't been released but are likely similar. The tax receipts from this will help offset the huge hit to income tax revenue that is coming and give the state government at least a chance to keep things running as this drags on.


> The tax receipts from this will help offset...

On the flip side, if “highest liquor sales ever” also means “highest liquor consumption ever”, I could easily see long-term health costs exceeding short term tax receipts.


Marijuana is a medicine therefore more essential then 99% of other products for sale now that are listed as essential.


You may have missed some of the nuance in the GP's argument.


I covered this exception.


I’m glad that this is not happening in my country. Banning Amazon from selling nonessential items seems detrimental to society. The “nonessential items” that Amazon sells are still pretty important for living my life. I’m sure there are some ways that worker health could be protected better, but at this point I wouldn’t trust the French government to make intelligent judgments on behalf of public health.


I agree. There are a ton of goods in the world one might initially think are non-essential, but become essential in the right circumstances (think: batteries, computer cables, tape, etc). There are many goods which would easily classify as "essential" under a court order, despite not being essential (think: oreos, mountain dew, doritos, etc).

This distinction cannot be legislated. Amazon is absolutely in the right to shut down for a bit while they try to figure it out. They're also absolutely in the wrong for the way they've treated their employees over the past month. Both of these can be true! Its like everyone in this thread needs to pick a side, and the other side is crazy for thinking the way they do.


> Banning Amazon from selling nonessential items seems detrimental to society.

My hot take: having companies, that are so large that banning them is detrimental to society, is detrimental to society and extremely dangerous. We should never give so much power to one corporation. It should always be possible to reject a company.


Are you saying that all forms of concentrated power are bad, or that the only good kind of concentrated power is the kind that owns all the weapons?


> Are you saying that all forms of concentrated power are bad, or that the only good kind of concentrated power is the kind that owns all the weapons?

I think the claim is that democracy means "the people" are in charge in some sense.

Of course, it's always been my experience that Starbucks has much better customer service than the DMV, so I'm not sure exactly how much that matters; it's not just that the people are nicer - the company actually cares somewhat about my opinions.


Don't mistake the facade of customer courtesy for actual leverage or an equal power dynamic. Starbucks doesn't care at all about your opinions. You actually likely have more influence over the running of your own local government than your local franchise coffee shop.


> Starbucks doesn't care at all about your opinions.

My opinions that Starbucks doesn't care about:

* How much foreign aid the US should send to Liberia

* Which model of surfboard is best

* Contract negotiations at the local school district

My opinions that Starbucks cares a lot about:

* How much I like their coffee in comparison to other coffee I drink

* How the purchase process went

* How much I like spending time in their store

Starbucks cares very much about my opinions when it matters to them. Whereas government, local or otherwise, couldn't care less about me.

> You actually likely have more influence over the running of your own local government than your local franchise coffee shop.

Clearly you haven't had to deal with an HOA, much less local government.


As most democratic countries, France has a complete separation between the government and the justice system.

This is a justice decision. The government has nothing to do with it.


In American English (notably distinct in this respect from British English), the term "government" means all state organs; for example, we would consider the Supreme Court to be part of the Federal Government. So the term includes what would in many other countries be called the government, the parliament, the civil service, the judiciary, etc.


Not sure where the above poster is from, but some parts of the world use a different definition for "government" than other parts of the world. In the USA, for example, all three separate branches of "government" (Legislature, Executive, and Judicial) are considered "the government".


I'm French. In french "gouvernement" (french word for "government") only refers to the executive branch, and our justice system is strongly attached to its independence from the two other branches. So it seems strange to me to conflate all three branches together.

Interestingly, in the French wikipedia page for "gouvernement" [1], there is this paragraph :

Différence avec le terme anglais

En anglais, le mot « government » s'applique non seulement au gouvernement au sens où on l'entend en français, mais aussi aux collectivités territoriales et aux administrations publiques, aussi bien centrales que locales. Le concept le plus proche en français est donc celui de collectivité publique, qui englobe les institutions politiques qui incarnent directement les pouvoirs législatif, exécutif et judiciaire, ainsi que l'ensemble des administrations qui leur sont rattachées.

Which can be loosely translated as :

Difference with the english term

In English, the word "government" includes not only the executive governement like in French, but also all local and global public administrations. The closest concept in french is therefore "collectivité publique" which encompasses institutions for all Legislative, Executive, Judiciary powers, as well as all administrations under their authorities.

I learnt something new today.

[1] https://fr.wikipedia.org/wiki/Gouvernement


IMO, the closest French term to the American English term "government" is État.


Thanks for sharing. I learned something too. What’s interesting to me is that, at least in America, we associate the judicial as government because we consider ourselves a “land of law” and the judicial has the responsibility of determining if the laws that “govern” how we can act have been used appropriately or if they violate our constitutional rights. As a French citizen, do you not feel governed by the laws which your courts oversee? Maybe this is purely a difference in language but it’s very fascinating to me.


I would have trouble talking about the difference between American and French views of the law, or even speaking for all French people for that matter.

What I can say is that personally, I definitely think I live in a country ruled by law. However separation of powers means there is no single entity exercising total control on this law: the executive branch proposes changes to the law, the legislative ratifies these changes (or not), and the judiciary branch is an arbiter of what happens when the existing law meets real life situations. While the limits between the executive and legislative branches can sometimes feel porous (especially when executive and legislative are controlled by a single political party, as is the case in both France and USA at the moment), the judiciary branch always felt more insular to me from the two others, at least in my country.

Another linguistic nuance to think about: in French, we are "ruled by law " but not "governed by law". In French, "gouverner" (to govern) is something that people do, not laws.

This is a bit of a brain dump, sorry. I wish I would have more definitive answers for you.


In the US right now, the legislative branch is actually split between the two major parties- the Republicans control the Senate, but the Democrats control the House of Representatives. Any new laws have to be approved by both sides of the legislature.


You’re right, and actually this is also true in France: the party in power only controls one of the two chambers but not the other.


No apologies, your answer makes a lot of sense. Thank you for replying and sharing your perspective. Hope all is well.


As a side note the French equivalent of "land of law" is "État de droit" (i.e. "State of law").

The difference here being that Americans perhaps prefer to refer to their country as land (in this case "of law", but on other occasions, "of opportunity", "of the free" and so on...) whereas the French would rather embrace the idea of the (welfare) state.

The former's legal system is one of common law (precedent based) whereas the latter is one of civil law (statute based).

Regardless -- the judicial in France has that same responsibility of ensuring the governing laws conform with the constitutional rights (via the Conseil Constitutionnel)

The difference though with the word government/gouvernement is probably, I agree, only one in language. Or what we would call in French "faux amis", or in English, "false friends" :)


I'm American too (and not the French person you were responding to). IMO it's just an accidental quirk of language. Laws are just as important in other developed nations too.


Most people consider the legal system (i refuse to call any state run court a justice system) part of the government, it is the enforcement arm of the government

Executive, Legislative, Judicial, are the 3 general area's of a functioning government


Dividing state organs into those particular three "branches of government" is, as far as I can tell, specific to US culture. Other countries divide things up in different ways.

Most modern democracies do have an elected legislature, a legal system, an executive authority (whether it be an elected president or a parliamentary-style cabinet), and a career civil service (i.e., what in the US would just be called non-political-appointees in the Executive Branch), but the terms they use for these can differ, as can the exact nature of the separation of powers between them.


So you dismiss my assertion, then proceed to prove my point

All modern functioning governments have the same 3 basic struture

These are all part of the government. My point says nothing about how the separation of powers between those government branches function, just that they exist and are all "government"

I am not sure how anyone can claim the court system of a nation is not part of "the government" which was the comment I replied to


> I am not sure how anyone can claim the court system of a nation is not part of "the government"

Different countries have different words for things. It’s as simple as that.

What we call “soccer” in the US is called “football” in the UK. It doesn’t mean they’re two different things.


Amazon isn't the only provider of these non essential goods and most others are now probably thinking twice about flaunting the currently stringent worker safety regulations.


Amazon isn't prohibited to ship "non-essential" items there. But they are forced to do it while adequately protecting their workers.


Are you sure? The article is pretty explicit about them being banned from shipping "non-essential" goods there. It says they're ordered to do that AND protect their workers.


French news is pretty clear on that.

https://www.capital.fr/entreprises-marches/la-justice-demand...

> stop the delivery of non-essential products until is put in place an evaluation of the risks and measures necessary to protect the employees health

https://www.capital.fr/entreprises-marches/amazon-va-fermer-...

> order the online shop to limit itself to sell "essential products" (food, hygiene or medical) as long as the sanitary risks of the activity in the warehouse haven't been evaluated

Edit: better source

https://www.lesechos.fr/economie-france/social/coronavirus-l...

>But the American e-commerce giant was condemned to "restrict the activities of [its] warehouses to receiving goods, preparing and shipping orders for food, hygiene and medical products", "until the company has carried out, with the participation of employee representatives, an assessment of the occupational risks inherent in the Covid-19 epidemic in all of its distribution centres and the resulting measures".


As a french, I'm ok if amazon suspends deliveries.

We have plenty of other websites to order from: fnac, darty, ruducommerce, cdiscount, etc.

This is going to be good for the french economy, and a good message to american giants that they are not above the law.


I'm curious how many of those operate independently from Amazon. In the US at least, there are several storefronts that (on the back-end) actually contract out warehousing or shipping to AMZN.


All of these examples are large independent companies that operate without Amazon network. Very few French companies use Amazon to ship products, and only small ones.


Fnac and darty now have a so called "marketplace", like amazon, which means resellers. Some friends of mine ordered a Vitamix blender, which was from a reseller. The later just ordered it on amazon, and sent to him.

I find it hilarious, and a bit sad at the same time.


rueducommerce is operated by carefour, while cdiscount is operated by geant. These are the two biggest supermarket chains in France, like wallmart and costco in the US.


I agree with your sentiment

I'm Canadian and I've seen that the US tends to let companies do anything, provided they funnel enough campaign funding to politicians via lobbying

basically legalized bribes


And all those other websites should have to comply with the exact same restrictions or shut down. The law should not be applied unequally to just one company.


But they are already forced to comply to the same law.

The law here doesn't forbid to ship non-essential items, it only forces to protect your workers.


The article mentions,

> The $1.1 trillion company was given 24 hours on Tuesday to comply with the ruling to sell only essential items such as food and hygiene products, and to upgrade its health-security procedures.


French news is pretty clear on that.

https://www.capital.fr/entreprises-marches/la-justice-demand...

> stop the delivery of non-essential products until is put in place an evaluation of the risks and measures necessary to protect the employees health

https://www.capital.fr/entreprises-marches/amazon-va-fermer-...

> order the online shop to limit itself to sell "essential products" (food, hygiene or medical) as long as the sanitary risks of the activity in the warehouse haven't been evaluated

Edit: better source

https://www.lesechos.fr/economie-france/social/coronavirus-l...

>But the American e-commerce giant was condemned to "restrict the activities of [its] warehouses to receiving goods, preparing and shipping orders for food, hygiene and medical products", "until the company has carried out, with the participation of employee representatives, an assessment of the occupational risks inherent in the Covid-19 epidemic in all of its distribution centres and the resulting measures".


Europe is desperately trying to feed domestic growth. I'm not trying to justify their actions, but I think it might explain some of the lopsided laws


Or rather we don't agree with the notion that companies stand above the laws of a country. The USA has insane bias towards companies to the extent they get better benefit as people and even qualify as people.


Obviously $1mil per infraction is a bit lopsided when the definition of which products are infracting is not clearly spelled out. Likewise, coordinating a review and implementing all measures in a 24h period is obviously not feasible when that hasn't happened over the last month(s).

This was phrased as a threat in the article title, but I don't see how Amazon had any choice until implementation of measures is either done or they have an answer to a court appeal. Likewise, there could be a case to be made that measures should already be implemented, but there is no documentation in the article over what progress there has already happened. Per this court order and event, I again don't see another response by them.

My understanding per the article is that this is not about applying a uniform set of safety standards, so there is no legal template we as outsiders can use - say, the safety standards implemented by their French competitors - to judge whether this order is or is not "fair". I also don't think it is my place to judge. Instead, Amazon has the right to determine whether or not they provide service within a country under that country's laws, and to raise awareness if _they_ feel the judicial system is giving illegal preferential treatment disguised in the context of crisis response. I don't see that as happening here either, though - at least not yet.


Companies are made of people; it makes sense that the assemblage would have the same rights as the pieces.


But it doesn't; no collective entity is equivalent to its pieces. In law or in practice. It's only an analogy.


Let me put it another way: companies don’t exist, they can’t act or think.

Why should human beings, when at work, not have all of their human rights?


I have to guess at what you're referring to, since you're not specific, but let's say for example, you're asking why a company should be regulated in hiring and firing, since freedom of association is a human right.

The obvious answer, to me, is that the hiring and firing involves the abstraction of the company, and is not predominantly a product of a human, but a system. When a manager fires someone, they're not acting as an individual human being, just as when a police officer coerces or shoots someone they aren't doing it based on universal rules for people.

Your argument makes more sense when applied to a sole proprietor. And I think that the legal system recognizes this sort of thing because it makes sense. For instance, if you are renting out a room in your home, you aren't held to the same non-discrimination requirements (in the US) as otherwise.


> just as when a police officer coerces or shoots someone they aren't doing it based on universal rules for people

Are you sure about that?


Yes?

It's a very common if not universal complaint among libertarian anarchist types that police and/or other government employees shouldn't be subject to different rules from the rest of us. It seems obvious that like it or not, they are in present society.

I'm not suggesting I'm in favor or against it, just acknowledging that the rules for what's acceptable depend on what collective entity you're part of. It doesn't seem peculiar to me if there are always non-individual responsibilities to go with non-individual powers.


As the law is written, police officers in the US are not allowed to shoot or kill people in circumstances where non-police cannot.

This is why you hear the common police trope of “I feared for my life”.

In practice, of course, the prosecutors will aggressively prosecute people defending their own homes from intruders, and fail to prosecute police engaging in premeditated murder; but that of course is a different story. The legal framework, in theory, provides them no special privileges to kill.


The police, by law, are allowed to create circumstances that non-police are not.

However, even if they weren't, it's irrelevant to my point, that people, including but not limited to the police, have powers that come from their membership in an abstract entity, and it's perfectly natural for them to have regulation of those privileges as well.


It's now official, Amazon suspended all delivery services in France for 5 days, starting tonight. (In French: https://www.bfmtv.com/sante/direct-coronavirus-covid-19-fran...)


This is weird...

> Amazon “evidently failed to comply with obligations to protect the health of employees,” judges said in their Tuesday ruling.

That results in

> a court order banned the sale of non-essential goods, concluding the retailer isn’t doing enough to protect staff from the Covid-19 pandemic.

I think there's something missing from one reason (not good enough health practices according to the judge) to lead to ban non-essential goods sales.

Can some fill in what's missing (with references) please?


According to this reuters[1] article the distancing rules weren't enforced. Limiting Amazon to the sale of essential goods seems to be intended to reduce the workforce and ensure that distancing rules could be observed consistently. I am not french however at least in Germany the distancing rules are handed down from the government and not something Amazon could simply cast beside in favor of its own measures.

[1]https://www.reuters.com/article/us-health-coronavirus-amazon...


Less sales leads to less activity and deliveries


Realistically, it's they want to have their cake and eat it too.

If Amazon is not taking precautions and putting the population at risk, they should be shut down.

Amazon is already putting massive delays on non-essential goods (delivery times have moved from 2 days to up to 1 month) in order to prioritize moving essential goods. Not to mention, they've said they're hiring due to the massive influx of orders for essential goods.

So logically speaking, if a large portion of their current activity is already essential goods, what is this besides a way to look like they're standing up to the big bad foreign tech company while getting to keep their deliveries flowing in (all without actually protecting anyone)


No, if Amazon isn't taking sufficient precautions, they should be forced to take sufficient precautions to protect their workers. Shutting them down harms other people in a time of crisis. The court is correctly looking for ways to minimize total harm.


Sure? You're missing the forest for the trees, my point is meaningful changes to minimize total harm should be made. COVID is too serious for stuff like "you can still sell tons of stuff and involve thousands of people, but you know, only dog toys and chocolate chip cookies". Even Amazon is calling the categories allowed broad and general...

Not a single source I've read on this has a hard actionable order on Amazon that actually improves the safety of those who will still be involved in their operations.

The closest they got to that is for them to self evaluate... which they already did and came to conclusions which are actively putting people at risk


Sure, and it's a shame Amazon let things get this far. Especially since Amazon is enormously secretive about how how it runs things, there's no reason to think anybody but Amazon can propose truly effective changes. But that doesn't mean a court should stand by and do nothing with workers at risk.


> So logically speaking, if a large portion of their current activity is already essential goods

I think the point is many suspect that is not the case.

https://thegrio.com/2020/04/01/amazon-worker-strike-covid-19...


This is the first week since demand spiked due to COVID that 3rd party sellers are even allowed to sell non-essential goods on Amazon, and they make up over 50% of sales:

https://www.wsj.com/articles/amazon-seeks-to-hire-another-75...

It’s true Amazon is still selling non-essential goods, and I understand why the man is frustrated, but it’s very clear even with just “essential goods” being sold, Amazon will still require a large part of their current machinery.

When you’re talking about an organization as large as Amazon Fulfillment, and a virus as infectious as COVID, these half-measures definitely come across as more for optics than actually stopping the spread.


“Books? For kids, yes. But dildos? No!”

This guy has really weird standards for what qualifies as essential.


> delivery times have moved from 2 days to up to 1 month

At least here in the UK those items showing delivery estimates a month away still show up in a day or two.


Translations from the Amazon twitter thread, that has more details.

Top twitter comment from Amazon: Following the decision of the court on 14th April, we (Amazon Inc) have to temporarily suspend activity in our distribution centers.

Decision from the court, in a screenshot few comments below: We order Amazon Inc to evaluate work-related risks inherent to the covid-19 pandemic, across all its warehouses and to put in place measures expected by article L4121-1 from labor laws (not sure what's in this article)... we order Amazon, until the above measures are put in place and within 24h of being notified of this decision, to restrict warehouse activity to reception of merchandises, preparation and shipping of food items, hygiene items and medical supplies, otherwise it will be subject to a fine of 1M EUR per day late and per infraction.

https://twitter.com/AmazonNewsFR/status/1250481148209369088

https://twitter.com/BlaisePere/status/1250522103952158722/ph....


Well, what do they "threaten" about? They were ORDERED to stop deliveries :D


They were ordered to stop delivering golf clubs and in response are threatening not to deliver personal protective equipment.


Did the court order include an “essential” / “not essential” categorization of the ~ 44 million items in Amazon’s catalog? They say they’ll take 7 days to comply with the court order. That means they have to accurately categorize 6 million catalog items each day.

Even if they had the perfect list the court is requiring, they still need to somehow stop inflows of non-essential items from overfilling their warehouses. The court has ordered them not to clear the warehouse space by simply selling them, as they normally would. Instead, they have to establish some new process (ship the items back?) while deliberately lowering the staffing levels of their warehouses and distribution centers.

They already did a rough first pass of all of these things, and have been incrementally improving.

This court ruling specifically rejected their current course of action. There’s no way they’ll be able to do significantly better in a 24 hour window.


If you view it as them having to make a decision on 44 million items there is no time frame that you can make sound reasonable. Is categorizing 44 million in a day reasonable? I don't know. I personally wouldn't have thought categorizing 6 million was reasonable. But then again the fine is 2cents per item they stock per day, so it sounds pretty reaosnable.


I can only see it like this.

Amazon share price and business activity is surging as a direct result of Covid-19. They need to hire 100,000+ workers to meet the demand. However, the same thing they are profiting from (Covid-19) should also increase many of their operating expenses. Things like healthcare, paid sick leave adequate for the situation (so at least 4 weeks for proper quarantine), good PPE, in-depth infection combat strategies, and so on.

The problem is those operating expenses are only obvious if you have ethics/morality/whatever that concludes individual human life is more valuable than money. So if you're a big corporation that has been designed to enrich shareholders and the space company fantasies of your ego-maniacal CEO, you fight as hard as possible against taking on those operating expenses.


> Things like healthcare, paid sick leave adequate for the situation (so at least 4 weeks for proper quarantine), good PPE, in-depth infection combat strategies, and so on.

They are already doing all the things you suggested:

https://www.businessinsider.com/amazon-employee-benefits-201...

https://blog.aboutamazon.com/company-news/amazons-actions-to...


That makes no sense on several levels. You /want/ growth in delivery to minimize general exposure. PPE is dependent upon supplies not held nor generally available. Assuming that because demand grows they must be making more money and therefore is a nonsequitor assumption of guilt.


They do have moral, it might not be the same as yours, they moral could be to make money. Moral is subjective.


Businesses are intrinsically amoral. While humans may have different moral goods, companies only have to make money and, as such, need not concern themselves with petty human morality.


Business are made of group of people, people have moral. Business morality is based on its people. Making money itself is a moral.


Ultimatums are dangerous. If Amazon follows through with theirs, they are gambling that they are too important to lose. That seems like it would be a poor bet; they may lose their EU market.


They were given an order they couldn't achieve compliance for, which fined them 1mil per infraction against rules that were too broad to implement.

I fail to see a response other than - stay operating against the order of the court, or close until they can be in compliance with the court.


The unions' complaints date from before when the lawsuit was filed. In March.

"“While the prime minister last March ordered the closure of non-essential businesses and activities bringing together more than 100 people simultaneously, due to the coronavirus epidemic, Amazon continues its activity as if nothing had happened,” a union spokesperson said alongside the lawsuit. “Despite not only the mobilisation of staff and formal notices from unions, inspection and occupational health, but also criticism from the ministers of economy and labour.”"

The ruling called for Amazon to limit orders to a rather specific group of items; I have not heard that other companies in France have had problems understanding. (Although I understand some stores in my state had to be told that "no, even if what you sell is considered essential in another state, you still have to obey this state's order.") And the ruling has been suspended pending appeal.

"The ruling, which has already been suspended pending appeal, required the company to only accept orders for groceries, toiletries and medical products as part of the wider lockdown imposed in France....Amazon immediately appealed against the ruling, securing a suspension of the requirements until conclusion of the appeal."

Amazon didn't seem to have problems when the limitation was its own idea, at least temporarily.

"Amazon temporarily, in late March, stopped taking orders for some non-essential products in France and Italy, in a move to implement social distancing guidelines at the company’s dispatch centres in those countries. Now the company says it is “prioritising” essential products in those countries, but non-essentials continue to be available."

https://www.theguardian.com/world/2020/apr/15/amazon-sales-n...

But all that aside, no country likes to be dictated to by a foreign company, and I rather suspect Amazon has less power in France than, say, the United Fruit Company in 20th century Nicaragua. Amazon is gambling that French consumers value its services enough that they will oppose the likely long-term response from the French government.

I personally wouldn't take that bet.


I don't know why so many people feel the need to attack Amazon. They seem to trigger people to a degree not found in many other companies...


France should call this bluff. Amazon is trying to push around a democratically enacted law. They are not above the law.

If Amazon was suspended in France a domestic competitor would rise up in a year or two, and Amazon would never regain the market. They would not dare suspending services, this is just a disgusting stunt


France is not geared up for spawning an Amazon competitor.

Aside from one year being waaay too late given the current crisis.


There are many online shops that provide the same as Amazon: Cdiscount, rueducommerce, darty, fnac, etc...

That's for non food items. For food, all the major supermarkets have been offering delivery for the major part of the decade, long before amazon.


Is this really the time? I feel like whatever errors Amazon have made with regard to protecting its employees have largely been realized in France by now, and I have serious doubts in the efficiency of forcing a closure having a near-to-intermediate term impact. More likely this is just going to put fulfillment further behind and halt progress in order to protect people who would already have gotten the virus by now.

At some point it’s just more prudent to recognize that the birds have flown and your opportunity to fix the problems isn’t in the next 24 hours but in the next year or years.


>I feel like whatever errors Amazon have made with regard to protecting its employees have largely been realized in France by now

I guess I'm going to have to believe the people actually intimately involved in this, like the courts, instead of an armchair analyst on hacker news.


Judging by the reaction to Amazon's response, I'm not sure I can connect the dots that make the French government more knowledgeable of Amazon's internal complexities than I am, to be totally honest. That is why I am asserting that giving them a 24-hour deadline to make changes is going to do more harm than good to the citizens of France.

I've spent enough time looking at the data to know that France is well past their peak infection rate (by over a week). The bigger concern in the coming weeks, in my opinion, is timely delivery of goods to those French citizens who need them, and this new mandate goes against that concern.


>I'm not sure I can connect the dots that make the French government more knowledgeable of Amazon's internal complexities than I am, to be totally honest

Do you live in France? Are you an Amazon Employee? A French government employee? A workplace safety professional?


Amazon employees wouldn’t have had any input on a mandate like this. Do any of those other groups necessarily have insight into the organizational complexity at Amazon?

I brought up what I believe is a valid argument that this mandate is harmful to French citizens, and your response has been to attack my credibility with an undertone of disrespect rather than bring a reasoned logic to the discussion. As evidenced by your other comments you obviously have an agenda in this debate, and that is fine. Life has no purpose without some kind of agenda, but please show me the same respect I am showing you.


perhaps you could explain what your stance is

are you French?

why do you think it is harmful to French citizens?

What qualifies you to share this opinion


Th EU in general has shown a willingness to use the courts to punish or fleece American companies. I wouldn't trust them at all.


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Sarcastic strawman arguments damage the quality of discourse.


You should be a bit skeptical of both. Trusting the courts is foolish and dangerous, in this case and in general.


It's time for anti-trust regulation to step up. Companies that can essentially extort a nation state and its independent justice system simply due to their size and market power have grown too big and should be split up.

The behavior that Amazon has shown regarding covid19 in the past few weeks, including firing union activists, should under normal circumstances warrant jail time.


Amazon has more to lose than France.


Unfortunately the French courts don't seem to understand this. The only people meaningfully hurt by this will be French citizens employed by Amazon


That's not true. People relying on deliveries from Amazon's French logistics network will also be meaningfully hurt by this.


The article mentions,

> "informed employees at the six French fulfillment centers that they’ll be on a partial unemployment program with full pay."

As another poster mentions, I see this as a loss to the French consumer at a time when eCommerce is already strained.


Employees will get 80% pay for staying home. Standard unemployment packages for all those laid off because of the virus, announced a few weeks ago nationwide.


What else can they do? They either comply with the law or stop delivering to avoid non-compliance and enforcement. Do not get me wrong. It is big news, but if Amazon gives up on EU front, American workers will demand the same treatment. /s We can't have that. /s


Deceptive headline...


Some possibly relevant context, or just interesting anecdotes of Amazon in Europe:

When Amazon.fr opened back in 1998/1999 in Orleans, there was industrial action on pretty much Day 1.

It kind of fit the French stereotype of industrial action to a T.

When Amazon.de opened a bit before Amazon.fr in Regensberg, there was an issue with Amazon's book database(at the time we were only selling books) where books banned in Germany(such as Hitler's Mein Kampf) were viewable and able to be purchased in Germany which caused a bit of a media stir at the time.

Things were much simpler back then, in every way.


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A business is supposed to be responsible to avoid hiring people into hazards they didn’t sign up for when they were hired, but now cannot leave for risk of being jobless in the worst downturn since the Great Depression.


The issue is, should they regulate the particular behavior of a corporation, by dictating their business practices? No. Other things they could have done:

  Rule that businesses have to protect their employees in certain ways (masks, sanitization etc)

  Rule that employees density must be reduced (fewer per building etc)

  Rule that testing should be done to detect issues quickly
Instead, they decided to make lists of what should be shipped. Which backfired, since Amazon can't keep the doors open on a tiny list of products. And further, the list was wrong. Who says I don't need 6 yards of plastic sheeting, to separate my house into separate zones and reduce infection from quarantined individuals? What about small plastic bottles to dole out hand sanitizer to family members that are essential personnel not being supported by their institution? What about 100 products the French never thought of, that can help?

It was a small-minded wrong-headed decision, just ripe for unintended consequences and disaster. Which they got.

Those folks will be jobless soon, but now it's because of the French decision.


I wouldn't assume that more specific instructions weren't given or implicit, even if the article doesn't mention them: the ruling came after unions' complaints, that surely were specific.

Also the list of what can be shipped is not based in what's useful, but in what would cause more trouble to stop than to allow, considering that both put lives in danger.


Maybe the court didn't think stopping non-essential goods was a way to reduce the risk. Maybe they thought that essential goods are worth the risk, but non-essential goods aren't. That seems like it might be closer to the business of the French legal system.

Essential businesses are open, and nonessential businesses are closed for safety reasons, and if a business is partially essential and not safe enough then...


A business has social responsibility, in this case protect its workers. The part of those who are sendings non food, non health related item are indeed better at home.

Where I live huge chains of karaoke, shops, restaurant, and smaller restaurants too have closed by themselves without any government or court order in order to protect the people.


The non food, non health related item could be for those people who produce food and provide health related service. You stop those you hurt them too.


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Are you sure ? Macron's popularity is going up and 96% of the French population approves the containment.

https://www.marianne.net/politique/popularite-de-macron-une-... https://www.lefigaro.fr/politique/coronavirus-96-des-francai...


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- use of "wuhan virus"

- unsupported claim about Macron unpopularity; he certainly was unpopular, to the point of riots, but the coronavirus response seems to have improved his popularity.


Doubt that's the only reason. Standing up for Amazon in such a way probably earned the most.

Wuhan virus topic is interesting. A lot of people like the idea of naming a virus or linking it to the first reported case. It make sense the new name they picked (covid2019) includes 2019 to indicate the year. Using facts like the year or place of first discovery I think makes sense.

The racist angle only applies to some locations that are associated with nationalities. And only in nation states. The problem is more with nation states that we associate land with a single nationality. If the virus started in a multicultural society that angle wouldn't apply.


> the new name they picked (covid2019)

SARS-CoV-2 is the virus. Covid-19 is the disease.

The public-health rationale for not naming diseases after the first reported case location is it disincentivizes the early reporting of cases.


That only works in a limited scope. If a country didn't report any cases and another country discovers it and finds people coming over with it they will trace it back. The country loses trust and gets labelled as untrustworthy.

That's kinda what happened with China. They covered up / downplayed and played with rules around defining whether a test counts. The WHO helped surpress this. Now the WHO has lost respect (and financing). China has lost face.


History also demonstrates naming diseases by country is a very inaccurate way to name a disease.

Spanish flu didn't start in Spain. There was a war on, and the countries that already had raging infections running through the trenches had suppressed news of those infections to the public as part of regular propaganda operations. Spain was a neutral party to WWI and so lacked the propaganda-driven media clampdown, and is therefore the first nation in the European world to have reported the disease. But the name has stuck, and to this day people assume Spainsh flu originated in Spain.


Thanks a lot for the detailed explanation! To clarify I don't work for Amazon nor related to them in any way. The situation just seemed unfair to me ...


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Here is part of the reason that the WHO decided to stop naming viruses that way:

> “In recent years, several new human infectious diseases have emerged. The use of names such as ‘swine flu’ and ‘Middle East Respiratory Syndrome’ has had unintended negative impacts by stigmatizing certain communities or economic sectors,” says Dr Keiji Fukuda, Assistant Director-General for Health Security, WHO. “This may seem like a trivial issue to some, but disease names really do matter to the people who are directly affected. We’ve seen certain disease names provoke a backlash against members of particular religious or ethnic communities, create unjustified barriers to travel, commerce and trade, and trigger needless slaughtering of food animals. This can have serious consequences for peoples’ lives and livelihoods.”

https://www.who.int/mediacentre/news/notes/2015/naming-new-d...


SARS did not have a regional name, and it did not stop ignorant racist behaviour against people who appeared to be ethnically Chinese, even in a multicultural city like Toronto, Canada, which was hit hard by SARS. And keep in mind that this was before racism was amplified by social media.

Honestly, ignorant racists are going to continue to be the same, irrespective of the virus naming. IMO, anyone who thinks that people with racist tendencies won't blame Asians for SARS-CoV2/COVID-19 because of non-regional naming is delusional.

As someone who is ethnically Chinese but not from China, it's obviously a nuanced situation. I have mixed feelings about the geographic naming. I can see and appreciate both sides of the argument.


One advantage of using neutral names is that when somebody deliberately uses the wrong name, their political motivations become very clear.

And it may be a matter of degree too; calling something "swine flu" versus H7N5 (or whatever) might result in increased negative associations for the industry, even if the industry can measure effects both ways. I start with industry because there are clear measurements (revenue). For racism, where we have few quantitative measures that we can trust without doing in depth studies, it may be harder to see the effects of better naming policy, and the experience of individuals affected is still the same. Also, a lot of the way that racism works is terrorism, and whether there are 6 people terrorizing or 24 people terrorizing, the effects are going to be fairly similar.


If the virus was called [Geographic Origin Optional] Wildlife Wet Market Coronavirus, and that naming caused the permanent banning of wildlife wet markets worldwide, I think I'd be all for it.


Spanish flu, surprisingly, did not start in Spain. What is the purpose of linking it to China? Anyway, how do you know about Macron's popularity?


The SARS-CoV-2 virus did start in China though.


Probably a similiar purpose when they renamed it to covid2019 and used the year of the first case. 2019, Wuhan first case / discovery.

Otherwise it feels more like a covid 2020 (where more damage happened in 2020)


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La Bastille was destroyed the 14th of July 1789 though. The demolition ended in 1806.

https://fr.wikipedia.org/wiki/Bastille#D%C3%A9molition_de_la...


Interesting that way more effort is put into repression and regulations than actually working on providing a better healthcare system.


I agree, Jeff Bezos should definitely be working on getting better healthcare for his workers, rather than supporting union busting.


That’s a very misinformed comment. Healthcare is free in France, and only some edge cases are not covered. Even when not covered you have doctors that offer you the consultation for free (happened to me a few times).

The problem lies in the public hospital system which is underfunded, and on the other hand in the numerus clausus that limits the number of new doctors that can graduate every year.


Sorry for being nitpicky, but there is no free healthcare in France or anywhere else. French citizens pay for their healthcare with their taxes. That's cool. No criticism of that choice intended. Just please don't call it free.


...France seems to have a pretty decent healthcare system by most accounts?


COVID-19 gives us a good opportunity to compare healthcare systems more directly.

Just looking at the absolute number of cases https://i.imgur.com/iiRulFy.png as a proportion of population;

US: 610K cases, population 328 million: 19% infected France: 104K, population 70 million: 15% infected

... France is doing slightly better which may reflect how well they've handled the pandemic. Of course many factors come into play here, not just the healthcare system. A better metric is probably ICU load and we'll be able to analyse this stuff in detail once we have enough data...

Source of graph: https://qap.ecdc.europa.eu/public/extensions/COVID-19/COVID-...


The number of cases is just a fantasy in most countries. The death toll is also fake, but it's more difficult to manipulate, so it's a better metric.

Just notice that it's strange that the same bug causes very different rates cases/deaths in different places.

The best metric is comparing the average of deaths in same dates past year to total deaths now and dividing per million of inhabitants.


I don't think that's a good metric either. We're in an unprecedented economic and social situation, so why should we expect death rates from previous years to serve as a reasonable baseline today?


True. Examples: Less driving means less vehicular death. We probably have slightly more death due to domestic violence. More or less death from drug overdose. Less contact means less death from the normal flu.


I agree, it's not exactly a metric, but a heuristic to put official numbers in perspective. Most of the variations you say are in the direction of lowering normal numbers (not domestic violence, but crimes will be registeres as such) so we have a minimum. If official numbers are much less, it's a clear sign that they're altered.

There are several ways deaths are being covered: people dying at home or retirement homes, people with previous diseases, putting immediate cause (like stroke or heart attack) in the report.


To be fair, nationwide deaths might be the only correct metric, since it's the only thing that countries care to measure properly and don't attempt to manipulate.

The cause of deaths however is another matter.


narag said it is a better metric. It isn’t a perfect metric by any means, but it is one of the only fair metrics you or I could have access to when trying to compare between countries. Most other metrics are deeply flawed for that purpose.


France has 143k cases now.

France has done 1/2 as many tests per million than the US. That alone can explain the lower infection rate in France. Deaths in France are 3x that of the US per million. By all the metrics I see, the US is doing much better than France.

All data source from https://www.worldometers.info/coronavirus/


Following the links in that grid, you find:

https://www.worldometers.info/coronavirus/country/us/

https://www.worldometers.info/coronavirus/country/france/

The relevant graphic is the curve "Total Coronavirus Deaths in..." the United States and France, it's the fourth curve in each page. Compare both and you'll see that gradient for France is decreasing, not so for the USA.

The US isn't doing better, it's just at a previous stage. Wish you the best anyway, of course.

Edit: in Spain death curve only started to lose gradient three weeks after confinement.


I don't think you can draw meaningful conclusions from that given the different ways different countries count and report Covid-19 cases and deaths.


I suspect lot of states in the Eurozone have failed to act soon enough because they cannot print their own money to handle the economic shutdown fiscally, so they waited till the last moment to some signal from the ECB, which never came. In the U.S., there was a similar deal but on the state vs federal level.


Not defending Amazon's petty childish antics when they deal with government, but "essential" has a relative meeting. What is essential to you, may not be essential to me, and vice versa. Two small examples:

My friend started a new remote job last week after about 6 months of unemployment...a feat that was amazing considering the fact that most companies are laying off. He was required to buy a laptop, which was to be reimbursed. He had extensive difficulty buying a laptop that met the required specs because most computer stores are considered non-essential, and amazon had delivery times that were too long.

The other was in Target. I saw someone buying a ton of furniture, while crying. I asked if they were okay, and they responded that their house burned down a month ago, and they had been staying in a hotel while insurance was processing everything, but their hotel time limit had passed and they were forced to move into an empty apartment because their furniture company shut down operations due to being non-essential. She had spent the night on a bare hardwood floor with her husband and toddler.


Who is to say what's essential?? You've basically locked everyone in their homes, and now you are even trying to deny them delivery of goods they may need. Even things purely for recreation may help ease the tension and stress of lockdown and encourage people to do what the government wants them to do: stay inside.

Name literally anything on the Amazon store, and I can come up with a reasonable senerio where someone could legitimately need it. P


> Who is to say what's essential?

In this case the choice is made by the court since amazon failed to ensure safe distancing while operating its warehouses at full capacity[1]

> You've basically locked everyone in their homes, and now you are even trying to deny them delivery of goods they may need.

People can still buy most non essentials from companies that manage to comply with the current regulations instead of flaunting them.

[1]https://www.reuters.com/article/us-health-coronavirus-amazon...




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