University of San Diego Digital USD School of Law: Faculty Scholarship Law Faculty Scholarship 3-4-2016 The Law of the Platform Orly Lobel University of San Diego School of Law Follow this and additional works at: https://digital.sandiego.edu/law_fac_works Part of the Labor and Employment Law Commons Digital USD Citation Lobel, Orly, The Law of the Platform (March 4, 2016). Minnesota Law Review, 2016; San Diego Legal Studies Paper No. 16-212. This Article is brought to you for free and open access by the Law Faculty Scholarship at Digital USD. It has been accepted for inclusion in School of Law: Faculty Scholarship by an authorized administrator of Digital USD. For more information, please contact
[email protected]. Legal Studies Research Paper Series Research Paper No. 16-212 March 2016 The Law of the Platform Orly Lobel This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract = 2742380 Electronic copy available at: http://ssrn.com/abstract=2742380 THE LAW OF THE PLATFORM Electronic copy available at: http://ssrn.com/abstract=2742380 The Law of the Platform Abstract New digital platform companies are turning everything into an available resource: services, products, spaces, connections, and knowledge, all of which would otherwise be collecting dust. Unsurprisingly then, the platform economy defies conventional regulatory theory. Millions of people are becoming part-time entrepreneurs, disrupting established business models and entrenched market interests, challenging regulated industries, and turning ideas about consumption, work, risk, and ownership on their head. Paradoxically, as the digital platform economy becomes more established, we are also at an all-time high in regulatory permitting, licensing, and protection.