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Did Uber not fundamentally change the taxi and limousine laws? Did AirBnB not fundamentally change hotel and rental law? Did file sharing not fundamentally chan
by dcolkitt 5y ago
Did Uber not fundamentally change the taxi and limousine laws? Did AirBnB not fundamentally change hotel and rental law? Did file sharing not fundamentally change copyright enforcement? Did Internet pornography not fundamentally end obscenity laws? Does delta-8 not fundamentally change cannabis prohibition?
The point is that technology very often can and does magically change the tenets of an activity. This is just a fact of legal realism. The law can say whatever it works, but if the government is no longer capable of enforcing it, because tech moves faster and is more agile, then for most intents and purposes the law has fundamentally changed.
- qeternity 5y agoPlease show me which laws Uber and Airbnb have changed. If anything, those companies have trended towards existing regs. File sharing creating an entire industry of copyright enforcement, far from whatever you’re suggesting. Internet pornography ending obscenity laws? What in the hell are you on about? Those laws changed before the Internet and not because of technology. Drug laws have changed for no reason other than the fact that society has become more socially liberal. You are conflating the fact that society is changing at the same time tech is advancing (btw - both have been occurring for millennia simultaneously).
- dcolkitt 5y agoThe price of a NYC taxi medallion fell from $1 million in 2014 to under $50,000. How else do you explain that besides the disruption caused by Uber. You might point and stammer "but, but, the rules written in the book still say the same thing!" But that's not how legal realism works. Law is not some magical words in a special book. Law is the way that the legal system shapes human society. Would any neutral third party anywhere claim with a straight face that the New York City ride share system is not a fundamentally different regime than what it was 10 years ago? > Internet pornography ending obscenity laws? What in the hell are you on about? Those laws changed before the Internet and not because of technology As an aside, this is straight up factually wrong. The Ashcroft DOJ tried to actively bring obscenity charges against Internet pornographers: https://www.wired.com/2001/06/ashcrofts-hard-line-on-hardcore/ https://www.wired.com/2001/06/ashcrofts-hard-line-on-hardcor...
- qeternity 5y ago“Please show me which laws were changed” Proceeds to show zero law changes. For someone who responds like a prick, you have surprisingly little substance.