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We're in agreement that the clouds were funded by other lines of business: https://news.ycombinator.com/item?id=43397653 https://news.ycombinator.com/item?id=4

We're in agreement that the clouds were funded by other lines of business: https://news.ycombinator.com/item?id=43397653 https://news.ycombinator.com/item?id=43397653 Good law is precise and clear, so everyone knows how to follow it. The meaning of the word "ownership", to take your example, is precisely defined via legislation and case law. Anti-trust law is neither precise nor clear which is why - and we are both in agreement on this point - that right now both left and right are happy to pick it up and use it to "beat companies" for political reasons. They can't do that with property law because property law is well defined. The big advantage of the Bork formulation is exactly avoidance of this outcome. By requiring there to be actual evidence that harm was done, it hugely reduces the ability to abuse these laws for political ends and keeps them focused on behaviors that are actually detrimental to the market.

eesmith 2y ago
Ownership is not precise and clear. There are always new cases to figure out what it means. Like, if there are two pieces of public land, which meet at a corner, and two pieces of private land on either side of the corner, then are you trespassing on private land if you step from public land to public land across the corner? I think all of the big IT companies deserve to be beat, broken up, and strict laws placed in future power. That's different than using the cudgel to only go after the ones which disagree with whoever is in power. > for political reasons My view is non-partisan. If Amazon were to become a worker-owned co-op tomorrow, infused by the spirit of Joe Hill, I would still want it broken up. > They can't do that with property law because property law is well defined. The US has some very big cudgels already. The government can pass laws changing what property law means. The government has very broad power to seize land, and exercise eminent domain. The government can nationalize companies. If the US decides to invade Canada and Microsoft turns off services to the US military, do you have any doubts that the US will nationalize Microsoft? I don't. > evidence that harm was done See, fundamentally we have different interpretation of market abuse. Bork's view is simple - only look at the effect on consumers. That simplicity doesn't make it right. Antitrust laws are meant to encourage competition. The free market does not like competition. The law is full of edge cases. That's why we have the courts. Since there isn't a precise and clear definition of "cruel and unusual punishment", should we get rid of it?

eesmith 2y ago

Ownership is not precise and clear. There are always new cases to figure out what it means. Like, if there are two pieces of public land, which meet at a corner, and two pieces of private land on either side of the corner, then are you trespassing on private land if you step from public land to public land across the corner? I think all of the big IT companies deserve to be beat, broken up, and strict laws placed in future power. That's different than using the cudgel to only go after the ones which disagree with whoever is in power. > for political reasons My view is non-partisan. If Amazon were to become a worker-owned co-op tomorrow, infused by the spirit of Joe Hill, I would still want it broken up. > They can't do that with property law because property law is well defined. The US has some very big cudgels already. The government can pass laws changing what property law means. The government has very broad power to seize land, and exercise eminent domain. The government can nationalize companies. If the US decides to invade Canada and Microsoft turns off services to the US military, do you have any doubts that the US will nationalize Microsoft? I don't. > evidence that harm was done See, fundamentally we have different interpretation of market abuse. Bork's view is simple - only look at the effect on consumers. That simplicity doesn't make it right. Antitrust laws are meant to encourage competition. The free market does not like competition. The law is full of edge cases. That's why we have the courts. Since there isn't a precise and clear definition of "cruel and unusual punishment", should we get rid of it?