• MimicJar@lemmy.world
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    1 month ago

    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.

    • tekato@lemmy.world
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      1 month ago

      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.

      • MimicJar@lemmy.world
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        1 month ago

        But who determines

        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.

        • tekato@lemmy.world
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          1 month ago

          How about a governing body with systems of checks and balances?

          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.

          • MimicJar@lemmy.world
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            1 month ago

            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.

            • tekato@lemmy.world
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              1 month ago

              Actions you don’t like aren’t corrupt. Actions Elon doesn’t like aren’t corrupt.

              Can you point to where I said or implied the opposite?

              In fact arguably Elon is the corrupt individual in this case

              I never said Elon was in the right. I have stated that his company must be punished for the decisions it made, not the owner as per the protections guaranteed by the law to company owners.

              the EU is simply applying the law to the corrupt individual.

              You mean the law that violates your rights as the head of a corporation, which is supposed to protect your assets from those of the company? Cool.

              • MimicJar@lemmy.world
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                1 month ago

                So a company provides infinite protection?

                “I didn’t murder that man, the company did.”

                “The company paid individual X to murder them, not me.”

                No, that’s ridiculous.

                There is a line you can cross. Musk has crossed that line. Is it exactly written, if your name is Elon Musk and you own companies X, Y, & Z, and you perform actions A, B, C, you I’ll be fined in this exact way? No. There is a grey area, and a group within the EU is allowed to make a more specific determination.

                And do you know who agreed to these rules? Elon Musk. He chose to do business in the EU. He agreed to their rules.

    • sugar_in_your_tea@sh.itjust.works
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      1 month ago

      At some point you have to recognize the individual is at fault

      Sure, and you catch them on something else, like fraud. But if it’s purely a financial failure, you bankrupt the corp and move on, because that’s how the law is structured.

      If we want different results, we need different legal structures. In this case, we shouldn’t be granting liability protections in the first place if the person opening it has a history of bankruptcies or whatever. But once the liability protections are granted, they must be upheld or revoked, and if revoked, all prior actions should still be covered.

      That’s how the law should work, and we can’t just waive away legal contracts because they’re inconvenient, because that violates the rule of law.

      • MimicJar@lemmy.world
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        1 month ago

        Assuming I accept your premise, the premise of the article is that the actions are not being done by the company.

        The key point is that Musk is at fault, not his company.

        You can’t just hide behind “the company” and do whatever you want.

        At some point, as the EU is discussing, the individual is at fault.