Pluralistic: Spirit warned investors that merging with Jetblue would be illegal (12 Mar 2023)


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Small Government

The ref has to be more powerful than the players.

An ogrish figure standing at a podium. The podium has a lever in the shape of a gilded dollar sign. The ogre is yanking the lever. The ogre wears a tuxedo and top-hat. In one gloved hand, he dangles an old West sheriff with a long-gun in his hands and a gold star over his breast. The ogre chomps a cigar and sneers at the sheriff.

 

When neoliberal economists began dismantling the regulatory state under Ronald Reagan (a process that has continued without interruption under every president, Republican and Democrat, since), they insisted that they weren’t so much concerned with regulation, but rather, regulatory capture.

Today, the phrase “regulatory capture” gets thrown around by people of all political persuasions, and is understood in a colloquial sense, meaning something like, “a regulator who is beholden to its industry and therefor makes bad regulations that run counter to the public interest.”

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Pluralistic: The antitrust Twilight Zone (16 Dec 2022)


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Pluralistic: How monopoly enshittified Amazon/28 Nov 2022


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Pluralistic: 10 Nov 2022 Amazon and Apple have an illegal price-fixing conspiracy


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Pluralistic: 10 Oct 2022 Antitrust is – and always has been – about fairness


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Pluralistic: 03 Oct 2022 An antitrust murder whodunnit


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Pluralistic: 22 Aug 2022 Gmail will call the cops on you based on the content of your emails


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What is Chokepoint Capitalism?

Why copyright alone can’t unrig creative labor markets.

A middle school doorway. Three cigarette-smoking hoodlums block it from a small schoolboy, seen from behind, carrying a backpack.
Buffalo Police Department/Public Domain (modified); Erik B. Anderson/CC BY-SA 4.0 (modified)

Chokepoint Capitalism is my next book, co-written with the brilliant copyright scholar Rebecca Giblin. It’s a book about how the markets for creative labor were rigged, and how artists, fans, tinkerers, regulators and lawmakers can unrig them.

That second part is key: this isn’t just a book complaining about how tough things are for artists — it’s a book about how we can make things better.

There’s an obvious reason that our book’s focus on shovel-ready projects to put more money in artists’ pockets is important: you’d have to be a monster to prefer a world that underpays the writers, musicians, actors, and film and TV creators whose work heartens and delights you.

The cover for the Beacon Press edition of Chokepoint Capitalism.

But there’s another reason that this focus on fixing creative labor markets is so important: because copyright, the primary tool we’ve given creators to give them power over their labor, has actually made things worse.
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Pluralistic: 01 Aug 2022


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