Without direct regulation, we rely on indirect regulation—primarily through the tort system, which allows people to sue for harm caused by businesses. If someone sells you food that could kill you, was it a simple accident, or were they so indifferent to your safety that they knowingly caused harm? The legal system sorts that out, but even tort law is a form of regulation, just applied retroactively through court rulings rather than proactive rules. Many harmful business practices remain legal until a legal precedent is set one way or another, meaning you never know for sure whether you’ll get justice.
A good example is Disney’s terms of service for Disney+, where users effectively sign away their right to sue. It’s technically your responsibility to read the fine print, but in reality, nobody does. If enough people challenge this in court, the legal system may eventually overturn such agreements, but until then, businesses use them to shield themselves from liability.
It’s true that businesses generally can’t survive long-term if they keep killing their customers—unless addiction is involved. But not all industries rely on repeat customers. Many operate on a predatory model, profiting from a constant stream of new consumers rather than maintaining a loyal base. These businesses function more like parasites, extracting value from each host before moving on to the next.
A system can sustain a certain number of parasites before it collapses, but without regulation—whether direct or through the courts—that collapse becomes inevitable. Markets don’t self-correct in time to prevent harm when businesses prioritize short-term profit over long-term viability. Regulation isn’t just about fairness—it’s about preventing systemic failure before it’s too late.
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