this post was submitted on 17 Oct 2024
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It’s easy to support when Elon is the recipient, but is this a good precedent to set?
Yes. Next question.
Absolutely and without question yes
Unironically, yes. You shouldn't be able to shield your actions under a different corporate umbrella.
"Oh, guess we can't fine them much because Twitter is a money pit, so they'll get to continue breaking the law for cheap"
Nah, make the fine off of his entire net worth, make him cash in some of that stock so he can finally pay taxes and fines. Make it hurt enough for him to consider not breaking the laws of countries he wants to do business in.
Sounds good in principle, but isn't the one of the main purposes of creating an LLC or Corporation to shield your personal assets from the company's finances? Everyone cheers for these policies until you're the one they're coming for. I hope you're as cheerful when the government wipes your personal bank account as consequence of your company's affairs.
LLCs shouldn't exist in the first place.
A companys owner should always be liable for the laws its company breaks.
I guess that’s your opinion.
The problem is if we give major companies a way out, on the off chance that it might have a benefit for the little guy... those major companies end up stepping on the little guy anyway.
So why let them shield themselves from the consequences of their action?
There’s no need to give a company a “way out”. The government can be as harsh as it wants to be within the limits of the law. But as soon as you start targeting the owner when he is supposed to be financially protected by the law, there are worse consequences in the long term. No matter how much they personally fine Elon, he has infinite money, this doesn’t really hurt him and I doubt he cares since he seems more focused in helping Trump win than helping X (or himself) succeed.
Gotta ask, what would you propose that would curb Elon from willfully committing crimes as he is?
He continues to do so because he's proven the system is broken as soon as someone is sufficiently wealthy. He fights the charges, then when that runs out he fights the amounts, and even when he does get his comeuppance to the tune of 44 billion, he's an even bigger brat cause he finally got stood up to. Do you think that there's a way to systematically even the playing field?
I’m not a lawmaker so I don’t know. And it hasn’t been dealt with by those who are because it’s not an easy decision. But the solution can’t possibly be allowing governments to damage the owner’s personal finances for choices at the company level. Truth is you can’t open this road for Elon Musk and never use it again, because that’s never how it goes down. If this is allowed to happen, more people will be unwilling to open businesses because the only protection that they’re supposed to have can be completely ignored by the government. Governments are as predatory as mega corporations, and neither can be given too much power. This takes away power from the companies and gives it to the government, not the average citizen.
I don’t know, and nobody else knows.
To clarify the cost of creating an LLC is a hundred bucks more or less depending on the jurisdiction. So Elon should be allowed to create "Musk Corp Oct2024 LLC" and then say or do anything under the guise of Musk Corp Oct2024 LLC, then if he's sued or fined just declare bankruptcy and create "Musk Corp Nov2024 LLC" and do whatever he wants?
At some point you have to recognize the individual is at fault. You can't just hide behind "Oh that wasn't me, that was the company" or " That was Musk of SpaceX having an opinion of Musk of Tesla, they are different entities."
If someone is attempting to be genuine and truthful when it comes to personal statements, fine, we can consider the protections. But if someone is flagrant and malicious then those protections no longer apply.
Yes that’s how it should be. But who determines if the person is doing it on purpose or if it’s a genuine mistake? There shouldn’t be ambiguity in the law, which is why you always either end up hurting corporations, or hurting citizens. Can’t please both with objective law.
How about a governing body with systems of checks and balances? You're pretending that laws are just out there enforcing themselves. The EU isn't just some dude with a vendetta. It's a large collection of people making decisions.
And in fact as a business, in order to do business in the EU, you've agreed that the EU has the ability to make decisions like this.
The system proven to show how corrupt it is every time it’s given a chance? Again, it’s cool when they’re doing to to someone else (specially Elon Musk who has too much power), until it’s you they’re coming for.
Actions you don't like aren't corrupt.
Actions Elon doesn't like aren't corrupt.
In fact arguably Elon is the corrupt individual in this case and the EU is simply applying the law to the corrupt individual.
I don't think I quite agree about governments being predatory by nature. I think they can be, have been in the past, and safeguards and checks and balances need to be there to prevent it. But generally a democratically elected government is beneficial, albeit flawed. Often reactive rather than proactive, but not commonly bloodthirsty. I mean, they often can't even jail executives for criminal decisions or negligence.
In Elon's case, I do believe governments around the world are going to have to adapt to protect their citizens from popular, but provably false and dangerous propaganda, as well as protect their privacy in the EU's case.
Also, I agree, we both aren't lawmakers. So for now I will just have to cheer any attempt at adaptation, and hope that their solution is functional and passes scrutiny.
Well, if you look at the history you might change your mind. If you look at the Top 10 Most Politically Influential Countries, by US News, you will notice that out of the 10, at least half cannot be considered "beneficial".
I hope we can agree that Russia (1) and China (3) are predatory. But in case you don't believe so:
We have the UAE (9) and Saudi Arabia (7), who will literally kill you for the crime of being a journalist [SA], being gay [SA], and arrest you for speaking against them [UAE]
Israel (5): I guess it depends on where you stand with the current Israel-Hamas situation. But I wouldn't say Israel has an utopian government.
Iran (10): From numerous results from a quick Google search, I can point to Pakhshan Azizi being sentenced to death for her humanitarian work.
That's 6/10 of the most influential governments being provably predatory against their own citizens.
That's one of the unfortunate advantages of creating companies, but I believe such protections are needed for the average citizen who wants to start their own business. Maybe you disagree.
If you must "protect" your citizens at all cost from misinformation being spread on X, then you can do what Brazil did, and just force all ISPs to block traffic to it, then fine thousands of dollars to those who get caught using a VPN to access it. This is also extremely predatory (against X and Brazil citizens), but nobody cared for some reason.
Hopefully it can be solved in a way that doesn't harm small businesses.
It is but it is not written in stone for all eternity. If people are abusing this law, like Musk, then it gets amended or rewritten.
I agree. They can try to change the laws, and if the majority of those with voting powers agree on a way to handle these cases while doing more good than harm, I’m sure few would complain.
Give it up. Lemmy thinks "corporation" means "megacorp", has no clue about financial dealings outside what they read in the headlines and can't spell "LLC".
"Capitalism BAD!", is what you should be posting.
Allowing limited liability companies to exist without requiring them to be covered by liability insurance is institutionalised market failure.
Shipping companies setup separate LLC's for their ships so of they have an accident the ship goes bankrupt and they keep their profits shielded.. that kind of stuff is bullshit
Yes. Like every system, there are those who abuse it. But you must be careful so that while trying to punish those abusers, you don't end up creating avenues to also punish those who don't abuse the system, but simply make a mistake. This sets a precedent so that the government can target the assets of the owner of the company if they're not satisfied the company punishment, which doesn't sound as cool when the company in question is your family's bakery or your neighbor's paralegal office.
Are not subject to DSA. For the most part DSA only covers companies which have more than 45 million users in the European Union.
Whether it’s subject to DSA or not is irrelevant. The fact is that a company has to pay a fine to the government, whatever the infraction might be, and the government is trying to force something else, not the company in question, to pay the fine.
It can't be irrelevant as it's the primary factor in deciding if the fine will even be brought. But ignoring that, there are clear limits. This would only apply to cases where corporate assets were used as personal ones. Hence, the limitation to private companies that have sole owners.
And you talk like this is some novel never heard of approach. Personal liability applies to many actions under the law, just corporations managed to lobby it down for themselves. And your scaremongering of small family business becoming some governments targets are unfounded.
I don't know if this will be a big issue for small businesses. But in any case where there is construction of multiple companies in a structure to separate profits and losses for fuckery with taxes and fines, I think I would also be OK with that whole structure being seen as one entity and treated as such.
The billionaire class however is uniquely adept at this kind of fuckery and wield an ungodly level of power, only surpassed by governments. And I think governments need to be careful that these assholes don't get too much power.. so it's high time they take them down a peg.. or 10.
It will be an issue because your average citizen won’t be so willing to start a new business if they know the government can come after their personal funds as a consequence of something that was done at the company level.
Who said personal funds. Are you arguing slippery slope or moving the goal posts?
You are going for the assets of the owner, which are unrelated to the company in question. Effectively devaluating companies that are not the infringing one, which directly affect the person’s net worth. This is no different than the government straight up taking money from your investments or 401K.
Shit take. Get judged by peers
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Why not? Which person owning multiple companies would be disadvantaged in a way that could be considered unfair in this way?