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The Myth of the Sharing Economy and Its Implications for Regulating Innovation, by Abbey Stemler, Indiana University

The Myth of the Sharing Economy and Its Implications for Regulating Innovation, by Abbey Stemler, Indiana University
March 27, 2018

The Myth of the Sharing Economy and Its Implications for Regulating Innovation is an exhaustive research by Abbey Stemler, Professor of Business Law and Ethics – Indiana University, published in the Emory Law Journal, on the impact of collaborative economics from the point of view of regulation (read the paper here), especially in the US and focusing on market failures.

This analysis concludes that the argument that these are digital intermediaries where self-regulation of the platforms is to take precedence is insufficient, as it is an attempt to evade liability in that they claim that the final provider of the service (under the Communications Decency Act of 1996), the driver of the Uber car or the provider of a room in their home in Airbnb is responsible. It is necessary to take into account that in many cases these are international giants with great influence over the citizens who provide services through the platforms.

In the author’s opinion, it is necessary to question the marketing of sharing and innovation in order to solve the market errors and inefficiencies they produce, such as the situation of Uber or Lyft of not respecting labour rights and evasion of responsibility when several courts have declared that they are transport companies and not mere intermediaries.