> It would be nice to have a legal framework for companies to increase employee ownership, but be able to do it incrementally with no requirement to go straight to 100%. Or ever.
But this framework exists, and is used by a huge number of firms.
Nowhere did I mention or apply mandates. “Framework” is not a work that means mandated.
There seems to be a lot of sour grapes that pro employee arrangements are inherently scammy. For no good reason. None of the ESOP companies were mandated!
Thee is a legal framework for those.
There is a legal framework for changing an S-corp to C-core
There is a legal framework for going public
There is a legal framework for declaring bancruptcy
They have NOTHING to do with mandates.
Frameworks are developed over time to handle complex and not always obvious issues in a rational way.
The benefit of a legal framework is its accumulated wisdom developed by law and courts. And the fact that it becomes a recognizable thing for all parties to consider, and makes that path easier to take if that is the decision.
But any transition would (by any reasonable process) be at the agreement of current shareholders. So issues of compensation, and other issues should be dealt with sensibly.
The most sensible way for this to be an easier option, that works out well, is to develop a well thought out framework.
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Open source is a very valuable recognized legal framework. Between evolved OS licenses, supportive court cases and the general law, we are better for this framework.
It makes it easy for small actors to take advantage of that approach to publishing software with little legal risk (if they handle known issues, such as not including non-OS work, etc.)
But this framework exists, and is used by a huge number of firms.