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Decoder with Nilay Patel

Recode Decode: Mark Lemley

Decoder with Nilay Patel

Vox Media Podcast Network

Technology, Business

4.33.2K Ratings

🗓️ 9 March 2020

⏱️ 44 minutes

🧾️ Download transcript

Summary

Stanford Law School professor Mark Lemley talks with Recode's Kara Swisher about Silicon Valley's obsession with startups getting an "exit" — usually an acquisition by one of the tech giants — and why that trend is suffocating innovation. Lemley explains the decline of IPOs and antitrust scrutiny in America, why today’s tech monopolies are especially hard to break, and how he thinks we should fix this broken system. He also discusses emerging legal issues in tech, including space, robotics and autonomous cars. Plus: What happens to companies that spurn acquisitions and remain independent, and is it possible for an acquired company to stay innovative inside a megacorp like Google or Facebook? Featuring: Mark Lemley (@marklemley), professor at Stanford Law School and director of its Program in Law, Science, and Technology Host: Kara Swisher (@karaswisher), Recode co-founder and editor-at-large More to explore: On Reset, Arielle Duhaime-Ross explores why — and how — tech is changing everything. On Recode Media, Peter Kafka interviews business titans, journalists, comedians and podcasters about the collision of tech and media. On Pivot, Kara Swisher and Scott Galloway talk about the big tech news stories of the week, who's winning, who's failing, and what comes next. And on Land of the Giants, Jason Del Rey chronicled the rise of Amazon. Season 2 will focus on Netflix and is coming soon! About Recode by Vox: Recode by Vox helps you understand how tech is changing the world — and changing us. Follow Us: Newsletter: Recode Daily Twitter: @Recode and @voxdotcom Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

When you drive a Chevy electric vehicle, you're getting more than a way to get from point A to point B.

0:06.0

You're saying goodbye to gas stations and how low to open roads.

0:09.0

With the growing network of public charging stations, you'll be able to charge your EV while you shop, work, or do whatever you want to be doing with your time.

0:17.0

Chevy is making EVs for everyone, everywhere. Go to chevrelay.com slash electric to learn more.

0:24.0

Support for this podcast comes from Slack. You have to get your work done. But what if you and your team could do it better?

0:35.0

Slack is a productivity platform that connects all your team members together instantly.

0:40.0

It's built to help your team with a host of features like huddles for quick check-ins and clips for recording and sharing video.

0:46.0

Slack also makes it easy to search and find the right information you need.

0:50.0

You can even integrate the apps you use in your normal workflow, like your calendar or product management tools.

0:56.0

So you stay focused on the work that matters and get more done. Learn more at Slack.com slash productivity.

1:04.0

Hi, I'm Cara Swisher, Editor-at-large of ReCODE. You may know me as the Editor of the country's leading tabloid magazine about M&A, the National Acquire.

1:11.0

But in my spare time, I'm just reporter and you're listening to ReCODE decode a podcast about power change and the people you need to know were part of the Vox Media Podcast Network.

1:20.0

Today in the red chair is Mark Lemley, a professor at Stanford Law School and the director of its program in law, science and technology.

1:27.0

In late last year, he co-authored a paper called Exit Strategy that ruffled quite a few feathers in Silicon Valley.

1:33.0

In it, Mark and his co-author Andrew McCreary argued that by focusing on an exit in the form of an IPO or acquisition by a larger company, startups and venture capitalists are suffocating innovation in the tech industry, he is speaking my language.

1:47.0

Mark, welcome to ReCODE decode.

1:48.0

Thank you, happy to be here.

1:49.0

So we're going to talk a lot about a lot of legal stuff because we're talking about robotics.

1:53.0

But let's talk, this is a topic I talk about quite a bit.

1:56.0

And the FTC recently is going to start looking at a lot of these acquisitions.

2:00.0

Let's just get right into it. So talk about your paper that you were trying to achieve with exit strategy.

2:05.0

Sure. So the basic idea is, if you think about it from outside venture capital and outside Silicon Valley, the kind of odd fact that if you start a company in Silicon Valley,

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