Hacker News new | past | comments | ask | show | jobs | submit
Tech companies have large legal departments which find ways to skirt around existing laws. Where these companies break laws, they almost never challenge them.

When they are prosecuted for breaking laws, they draw attention to orthogonal issues in court proceedings and hearings, delay the process, and involve a lot of other legal strategies. When they are sued by competitors for infringing on other's interests by breaking laws, they counter-sue, often frivolously.

They also lobby.

Breaking laws and then arguing to change them when caught doesn't work and almost no one does it. The cost in money and time to get to higher courts, win (uncertain probability) and create a precedent with a legal department is 10x-1000x the cost of lobbying congress to pass a bill. The big tech corporate lawsuits that go to appeals are so expensive that one could probably straight up bribe influential politicians for less, should that be the path one wished to take. We know stories where people went to higher courts and won to create a precedent because these stories are heroic and rare.

If IA had the resources of Uber it wouldn't have worked out any differently, because it doesn't for Uber when they break laws. For example, around structuring employment as b2b contracting.

These companies have the resources to shape the legal landscape, but not by breaking laws and getting prosecuted for it. That would show very poor decision-making.

Maybe they can become martyrs and win the court of public opinion when their actions are seen as moral. But an org like IA can do much more good than just become a martyr, so this is a very poor decision.

> because it doesn't for Uber when they break laws

Every company I mentioned has broken laws, paid fines, and subsequently had laws changed in their favor.

I'm not saying it always works, but it works enough of the time that these companies accept it as a cost of doing business and have won. With that said, as pointed out in a different reply, copyright isn't one of the categories in which these companies are winning, so perhaps a questionable comparison by me in the original comment.

I agree this was a poor decision on IA's part, because they just don't have the horsepower to operate this way (not that I endorse this kind of behavior by businesses in the first place).

> These companies have the resources to shape the legal landscape, but not by breaking laws and getting prosecuted for it. That would show very poor decision-making.

Perhaps it's poor decision-making, but that's exactly what's been going on for years now. I suspect this is part of the reason numerous governments have been increasingly anti-tech in recent years.

Exactly. Big companies are buying laws but a normal civil person must adhere and lose possibility for example to own a movie or music. Moreover US law system is extrapolated on other countries but unlawfully (i.e. Bigtech behaves in my country as if it was US and I have no possibility to appeal)
loading story #41453804
loading story #41456596