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Nike has >30% of the revenues of the sports clothing industry. I guess Nike is a common carrier, they have to let me in their stores and the government must force them to sell their shoes at government regulated prices. If there's not a store near me, they must build one for me or offer me shipping at equal prices to everyone else. After all, they can't discriminate just because I'm far away from their closest distributor, they're a common carrier. Oh yeah, guess they need to build a store, because I don't have internet and I don't have a phone, so not making it available to me as someone who only walks through uninhabited deserts would be discriminating against a customer.

https://csimarket.com/stocks/competitionSEG2.php?code=NKE

I truly don't understand the logic of stating every organization with 10% market share of any kind of product is now instantly a "common carrier". To me that's massively watering down the meaning of "common carrier" past the point of usefulness. A common carrier classicially is when there's realistically no possible alternative. There's really only going to be one or two railways going through a city or town. It doesn't make sense for there to be a dozen different water systems or coax telecommunications providers or fiber providers or electrical providers in a city. But if Nike doesn't want to sell me shoes I can just go to Sketchers. Or Addidas. Or Vans. Or Footlocker. Or Journeys. Or Kohls. Or any other of a dozen different department stores. Or Target/Walmart/other big box store. If Nike doesn't want to sell me shoes, there's tons of other options. Even just buying Nikes at a different retailer! And that's just in person shopping, never mind the literally thousands of retailers online willing to ship me shoes!

But no. Nike is now a common carrier. They must do everything they can to ensure I can buy their shoes at a government-ensured fair price. So they must build a store in the middle of nowhere to ensure I can easily walk there, look at their wares, and decide I'd rather just buy from TOMS.

Then the idea that GitHub is a common carrier is even more distant. There's lots of options out there. You could use GitLab, Bitbucket, Team Foundation Server, JetBrains Space, Beanstalk, AWS CodeCommit, Google Cloud Source, Sourcehut, and so many others. They're all right there on the internet. You don't have to sell your house and move to the next county over to use Bitbucket. You just change your remote and push.




Can I use Nike to design shoes that they will make for me or something? What makes them common carrier like?

On the other hand, they are a common carrier - they aren't limiting which countries or streets I'm allowed to wear their shoes on, nor what kinds of sports I choose to play with them.

I don't think anyone would be favourable to giving Nike more control over how people use their products


> On the other hand, they are a common carrier - they aren't limiting which countries or streets I'm allowed to wear their shoes on, nor what kinds of sports I choose to play with them.

That's...not a common carrier at all. Traditionally, a common carrier is "a person or company that transports goods or passengers on regular routes at set rates." So traditionally, a rail line is a common carrier. A pipeline is a common carrier. Air freight and truck shipping, kind of, but you're then getting away from that "regular routes" kind of thing. This was then logically expanded to things like telecommunications, since they're essentially transmitting data along regular routes aka the actual telephone wires.

A big thing about becoming "common carriers" was this idea of regular routes. Competition gets challenging/impossible when there's really a single route for some things. There's really only going to be one set of rails connecting towns. There's not going to be a bunch of different companies stringing telephone wires to everyone's houses. There aren't going to be a lot of fiber runs through a neighborhood. These things are all common carriers and are natural monopolies.

I can go buy an apple at the grocery. I can eat that apple raw. I can turn it in to apple sauce. I can bake it in a pie. I can juggle with it. I can give it to a friend. I can donate it to charity. The fact I can do all these things with it does not make the apple producer or the grocer a common carrier. It's entirely unrelated.

The person I was replying to was stating any company with 10% market share in any kind of metric should be considered a common carrier. Nike has more than a 10% market share in total revenue of sport clothing. So they say Nike should be a common carrier. This makes no sense to me.


i didnt say revenue for a reason, but even thwn i highly doubt nike sells 30% of all US shoes

Notice im talking about shoes, not sneakers. theres a ton of womens wear that probably is a significant share of the whole market, of which nike has exactly 0%

Lets make it simple so there is no misunderstanding. Any company ownning at least x % of a given NAICS or SIC code. There.


So what are GitHub's NAICS or SIC codes? 7379 Computer Related Services? Think GitHub makes up 20% of all "Computer Related Services"? Does GitHub control 20% of 504500000 "Computers, peripherals, and software"?

Also, expanding out to "all shoes" or all apparel is like making GitHub "all developer-focused Software-as-a-Service". Can I really use Prada Satin platform sandals with crystals in the same way as Nike React Infinity Run Flyknit 3's? No, their utility is very different and they're not really interchangeable. Can I use Sendgrid in the same capacity as I use GitHub? No, their utility is very different and they're not really interchangeable. You need a tighter market segment to point to, such as at least "sports clothing" or "fashion clothing" or "source-code management" or "external communications tools".

Even then, I'm not so sure GitHub definitely has 20% or more of that whole market. It definitely has deep penetration in some parts of the market and it wouldn't surprise me if it does have 20% or more, but I wouldn't just necessarily just assume that. Do you have any information to share on actual marketshare? I don't and I did briefly look for it.




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