RE: Proposal in Progress
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What is "the DAO?" A legal entity in Panama? Who are the DAO's attorneys? How would the DAO assert rights over its intellectual properties? I am not sure the DAO has the legal ability to do anything.
What if the DAO was sued? Who pays the legal bills? Would Splinterlands attorneys handle the case on our behalf? And would they do this in 100% secret or in collaboration with the community manager who can decide what should or should not be known?
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The company is the one currently exploring the legality of it with their lawyers and why there's a blank space to include a link to the agreement for everyone to read once it's approved. One of the main points that's being explored is if the DAO can own it outright or if it would need a legal entity to own it on its behalf. I'd rather it be directly owned by the DAO outright than any entity as any entity beyond the DAO is a point of failure. That said you've raised similar concerns that I did about whether or not the DAO as a truly decentralized organization would be able to enforce or assert any rights over an IP.
As far as some secret collaboration and controlling what's known... not really sure where that's coming from unless there's just some assumption I don't actually communicate things to you guys? I get plenty of crap for putting out too many proposals and asking the community to decide too many things that some people feel are a waste of time or should just be company decisions... so it's kind of the polar opposite opinion of what other people have told me, but I guess it is what it is. To me it's more important that the DAO is informed and able to vote on major decisions so that suggestion isn't reflective of my personal beliefs or approach to interacting with the DAO.
If the DAO feels I'm not trustworthy or acting in its best interest it is capable of replacing me with whoever it thinks would better do so.
This is a two party deal: the DAO and Splinterlands. You are receiving advice from the Splinterlands lawyers. Is the DAO receiving its own independent legal review of the contract or are we taking the corporations's lawyers advice and putting it to a vote? In other words, is the DAO as a legal entity entering into a two million dollar contract with no independent legal counsel. I would personally never do this. I feel this meets a textbook definition of negligence.
I am sorry if my question offended you. I do not mean to imply you are not communicating. I do imply that it is not clear if the corporation communicates with you or us. Legal matters are highly delicate. Most American companies avoid discussing legal matters in the public. "On the advice of attorneys, we do not comment on ongoing legal matter." Hopefully that clarified my intent. May I ask my question again?
What if the DAO was sued? Who pays the legal bills? Would the Splinterlands corporation keep the lawsuit secret from the DAO or would they inform the DAO? I mean this as a genuine question, not a sneaking way to attack you personally.
No offense taken... I'm not working with their lawyers. The only thing they are talking to their lawyers about (well as it pertains to this and that I'm aware of) is whether or not the DAO as a decentralized organization can actually own the IP. We're trying to figure that out so that it's not just "oh hey we gave the DAO a license" and it's unenforceable. The only alternative I really have if it doesn't work like that would be the Foundation could own the license, but that doesn't really work for decentralization in my opinion. I'm not talking to their lawyers at all.
In the past myself and the guys on the Foundation Council (@mattclarke @bjangles and @dwaynecunningham) engaged legal council in regards to exploring different jurisdictions for setting up a foundation to act on the DAO's behalf if the DAO wants it to do so, which so far has only been done once to enact a proposal the DAO voted for (the Ramp network integration). That really doesn't relate to this exactly and I'd rather avoid any unnecessary centralization risk.
The DAO could hire a lawyer to review the contract once it's been made available, which will need to be done before we vote on anything, if that's what the DAO wants. There's also at least a few lawyers that are part of the community that could perhaps review it for us. If you guys want to look into having a lawyer represent us and provide an opinion, we can do that. Price will very drastically based on region and skillset. If we're looking for lawyers familiar with blockchain case law in the U.S. that is going to for sure get expensive.
Yes, I think the DAO should have its own legal council with its own opinion on this matter if it considers itself an independent entity. If what we are planning for is independence if Steem Monsters goes sideways, we need to ensure those rights now and not hope they exist later.
Expert legal review is insurance. You are proposing to make a two million dollar commitment but are worried that understanding what we are purchasing will "get expensive." $50,000? That sounds like a lot to me. That would be 2.5% of the transaction price.