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If the EU passed legislation to randomly select three people under its jurisdiction and bankrupt them, then I think that (a) my personal risk would be too low t
by tripletao 2y ago
If the EU passed legislation to randomly select three people under its jurisdiction and bankrupt them, then I think that (a) my personal risk would be too low to be actionable, as you say; but (b) that's pretty bad legislation.
I think they've constructed roughly that effect here. I believe that's worth complaining about, both in principle and to the extent that same demonstrated carelessness might create more serious practical problems in future. That's especially true since as far as I can tell, this would have been an easy fix, just better drafting with no intended policy change.
Of course that's different from what a lawyer considering only their client's current personal interests should care about. There I think most developers would take no action (and I don't plan to myself), though the lawyer would probably consider that a business decision and leave it for their client to make in the context of their legal advice. I might take action if I worked on a high-risk (e.g. cryptocurrency per below) project, to use a pseudonym, minimize assets in the EU, etc.