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by e3xu 4216 days ago
I agree with you for the most part, but I want to comment on the last phrase you use: "If they are bad laws, then we can work to change them. No amount of VC funding should make you immune to their reach." I need to direct you to what happened to Aereo, whose business was destroyed by a Supreme Court ruling [0]. The legal system is one area where innovation is slow, and progress is reliant on inefficient mechanics like politics, bureaucracy, precedent, prosecutorial discretion, judicial opinion, and others. This is by design. Compare for a moment a courtroom of the 1950s and 2014, versus a computer of the 1950s and 2014. Our ability to update our regulatory mechanisms has not kept pace with our ability to create new ideas that need regulation.

My biggest gripe is perhaps not even the inefficiency of the system, but its natural tendency towards systematic support of entrenched players, see the kind of regulatory capture performed by Comcast, or the article about the Chase Whistleblower from a few weeks back. You say that no amount of VC money should make an individual institution immune to the law, but this sort of immunity is conferred all the time by anyone with deep enough pockets, through mechanisms like lobbyists, regulatory capture and the various campaign finance loopholes exploited by Super-PACs. See any of Lawrence Lessig's writings of the past few years for more discussion. I'm reminded of an article that showed up on Hacker News about the downsides of an economy with a lot of entrenched players (permit me to suggest the "cartel" nomenclature) taking advantage of their favorable position in overly-bureaucratic systems: http://intellectual-detox.com/2013/04/14/rent-seeking-econom...

I do agree that Uber's shady business practices are not laudable, and there are certain important regulatory functions that can only be performed by unbiased parties interested in the public good, of which the legal system/government ought to be the exemplary case. But I think your suggestion that we can simply work to change bad laws is perhaps dependent on a system that currently cannot consistently keep up with the pace of change, not just because of inefficiency but because of perverse incentives (here is where I could begin to talk about the influence of corporate money in politics). I suspect we will have to wait at least another half-generation before a critical mass of individuals with both a true understanding of the exponential pace of progress and well-credentialed clout can begin to make serious reforms and updates in that area.

Until then, "move fast and break things" may, terrifyingly, be our best option.

[0] https://news.ycombinator.com/item?id=7943976

1 comments

Nothing in your post is wrong, and I agree that my phrasing did not properly illustrate both sides of the picture.

The people holding Uber back are also empowered by wealth and influence. I'd prefer that our country not work this way. It's very unfortunate. I'm worried that encouraging companies like Uber may seem to upset this system but it really enforces it. It further sidelines the average person, and the 'nice' rich people get to battle the 'evil' rich people.

So I instead have the idealist view that we can all vote our way out of this mess. That we can eventually put candidates in place that will create sensible laws around technology and markets. And that these laws will benefit the consumer.

The reality is that it's f*ed on both sides. I can avoid using Uber and the entrenched taxi cab lobby will win. I can use Uber and validate a startup that has systematically broken the law. I can use neither and never get where I am going on time.

So instead I'll just sit here and spout my thoughts on HN. Makes me feel a little better in the meantime.