4 ms·
I don't know about the merits of or prospects for Diaspora one way or the other but I have dealt with founders of every stripe for years and understand how peop
by grellas 16y ago
I don't know about the merits of or prospects for Diaspora one way or the other but I have dealt with founders of every stripe for years and understand how people can get carried where money is involved.
If a nascent founder group raised $170K from hundreds or thousands of small and unsophisticated investors by traditional means (i.e., by offering them stock in the company in exchange for their small investments), and if those founders did so based on public advertising and without offering those investors any opportunity to learn the material facts about the startup's finances, product plans, founder backgrounds, etc., such an offering would be illegal, plain and simple, and every investor would have a right to get his money back not only from the company but also from each of the founders who controlled this offering. There is a valid reason why securities laws exist, and it is precisely to protect innocent investors from being induced to part with their hard-earned money based on fast and loose pitches that may or may not correlate with reality.
Now, I am not saying that Diaspora has done anything wrong here, or has misled those who have contributed, or any such thing.
My point has to do strictly with the crowdsourcing funding model as a legal tool for raising money. That model attempts to bypass the securities laws by using a donor model, and the key to its attempting to remain legal is to avoid at all costs having the contributors be characterized as "investors." I think that Kickstarter does this legitimately and appears therefore to be operating well within the bounds of the law.
But here is the Achilles heel of crowdsource funding: if the cause being supported does amount to some sort of hustle job (hypothetically speaking and not intending to impugn Diaspora), crowdsource funding enables those who might operate with less than pure motives a loophole by which they can make a mass appeal to potentially thousands of unsophisticated persons who might fund a venture without having to be accountable to those persons in any significant way. In effect, it is like an open ticket (legally speaking) to take their money and do what one will with it.
When there is no legal accountability ultimately for how such funds might be used, that means that the founders of a crowdsource-funded company basically are telling the public "trust us, we're good for it," which may or may not bear out in reality. This is a genetic weakness with this model of funding that is bound to lead to problems at some point down the road, however well it might play out in the Diaspora case.
- msy 16y agoThat you consider trust a genetic weakness is more than a little sad. There will be problems but there have already been fantastic projects that wouldn't have happened any other way.
- GrandMasterBirt 16y agoRemember just as there are extremes of cons, there are extremes of pros. The question is that is the average case worth the cons? Is the investment going to work out where they are held liable if they fail to deliver anything within x time? How can we dictate what is valuable and not deliveries. With investors you know who you answer to. Here... not really. The risk is sort of both ways, but one of the two has been eliminated with the donation model.
- cubes 16y agoWhile you raise a legitimate point, I think you discount the basic fact that, on balance, most individuals behave in a trustworthy manner. Society depends on this fact. We trust people to drive cars, and not intentionally run people down. Stores trust that most individuals will not shoplift. Will there eventually be a large scale case of someone untrustworthy duping people via crowdsourcing? Probably. Does that mean the model is fundamentally flawed? No. Plus, crowdsourcing spreads the risk around so the loss is minimized. It's not like Bernie Madoff who insisted that investors invest all their funds through him.
- GrandMasterBirt 16y agoIt only takes one guy to play on that and steal millions. Yes not millions at a time, but pitch 20 ideas as different aliases and have 200k investments in each. Its not hard to appeal to desperation and mass fear.
- cubes 16y agoThe average Kickstarter is not pulling down anywhere near 200k, and it would take a remarkably clever con to pull off what you propose. Why would a clever con target Kickstarter, something that is trivially traceable? Also, why target a large group of smart, motivated individuals who know quite a bit about how to track people down on the internet?