[usrxcghghj]

> sharp pivot into defending taxi medallions.

This is a deflection. Cory is not coming out in defense of taxi medallions so much as it is a re-iteration of the current laws in place and how tech uses apps to get around the laws. Yes taxis suck, but also so does uber in their own way - This is all beside the point. These tech companies are using 'gig'ified models to get around laws set by the city officials elected by the people.

[cwyers]

The opening of the article is laying out the case that the laws are good -- they make the market legible to participants. As he says:

``` To navigate all of these technical minefields, you need the help of a third party. In a modern society, that third party is an expert regulator who investigates or anticipates problems in their area of expertise and then makes rules designed to solve these problems.

To make these rules, the regulator convenes a truth-seeking exercise, in which all affected parties submit evidence about what the best rule should be and then get a chance to read what everyone else wrote and rebut their claims. Sometimes, there are in-person hearings, or successive rounds of comment and counter-comment, but that’s the basic shape of things.

Once all the evidence is in, the regulator—who is a neutral expert, required to recuse themselves if they have conflicts—makes a rule, citing the evidence on which the rule is based. This whole system is backstopped by courts, which can order the process to begin anew if the new rule isn’t supported by the evidence created while the regulator was developing the record.

This kind of adversarial process—something between a court case and scientific peer review—has a good track record of producing high-quality regulations. You can thank a process like this for the fact that you weren’t killed today by critters in your tap water or a high-voltage shock from one of your home’s electrical outlets. ```

And this is central to Doctorow's point, right? The narrow question of the legality of Uber's current service offerings is actually pretty well litigated, and if Uber was as flagrantly illegal as he claims, "we're an app" wouldn't have kept them in business. Doctorow argues that this is happening through regulatory capture -- the case isn't primarily that Uber is violating the currently existing set of laws, regulations, court precedents, etc. It's that Uber is violating what the regulations _would be_ in a world where they had less market power with which to influence regulations.

And so it's not enough to argue about how the apps get around _current_ laws. By Doctorow's own arguments, we're debating the merits of a counterfactual set of different regulations that we would have if you changed current conditions. And at that point, it is absolutely fair game to ask if this counterfactual set of different regulations is actually better for market participants.

[matheusmoreira]

> To make these rules, the regulator convenes a truth-seeking exercise, in which all affected parties submit evidence about what the best rule should be and then get a chance to read what everyone else wrote and rebut their claims.

More like a forum where expensive lobbyists buy loopholes that make the rules toothless. Rules say companies can't do X, they cry about it and so an exception is carved out where X is allowed for the exact situation one of the corporations finds itself in.

Individual consumers of taxi cab services are not going to governmnet events to "submit evidence". That stuff is expensive and they have far more pressing issues to deal with than watching politics play out in real time. If they're lucky, they'll have some consumer advocacy group making their cases on their behalf.

[zajio1am]

(depends on jurisdiction) there was already concept of pre-booked transport that was distinct from taxi and does not require taxi medaillon to operate. Uber just made pre-booked transport as convenient to use as taxi.

So it is not that Uber avoided taxi licencing 'because of app', but it avoided taxi licencing by providing slightly different service that do not fit into legal definition of regulated taxi services. And one could argue that these slight differences are in fact important, because the reason why taxis are tightly regulated are for reasons that mostly do not apply to Uber.

[cwyers]

The Doctorow school argument, as best I can tell, would go 'the regulations on black car service were meant for things like limo services that don't compete directly with taxis, and once Uber started competing directly with taxis, regulators and authorities should have moved more aggressively to write new regulations/laws that regulated Uber the same way taxis are regulated.' They would not agree with "the reason why taxis are tightly regulated are for reasons that mostly do not apply to Uber."

And this is exactly why I think the question of "what is the correct way to regulate car ride services" shouldn't hinge on incumbency bias towards taxis, but actually ask the question of what is best for participants in the market (which doesn't just include taxis and Ubers but also includes public transportation and its users, for instance). But that doesn't fit neatly into Doctorow's enshitification narrative.

[mossTechnician]

These claims of incumbency bias, based on a fragment of a sentence, seem unnecessarily presumptive.

I've read a bit of his work, seen a couple of his speeches, and don't have the same conclusions about his opinions. You could probably ask for clarification.