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My Feelings on Modern Business Law

Making Of / 21 October 2020

I hold what some consider some pretty “extreme” views when it comes to business law, especially in the subjects of corporate and intellectual property laws.

I’m going to do my best to make this a basic over view of the most destructive issues of modern business law, and if this entry generates some response or questions, I’ll consider doing some more in-depth entries on specific subjects. 

In a nutshell, I truly believe that corporate law is a monster that’s gone out of control, and in large part is dragging copyright law along with it due to heavy lobbying the pressures for changes to copyright law that protects the interests of large corporations and little to nothing to help the actual creators.

From the research I’ve done, my understanding is that when corporations first came i to being, they were meant to be limited, temporary ventures among multiple partners in a large project, such as building a bridge. Once all business relating to the project had been completed, including finance reports and clearance of debt, the corporation, as a legal entity would be dissolved.

Thanks to the industrial revolution and continued later with the tech revolution, corporations continued to grow into massive entities controlling vast amounts of money and resources. This boost in finances gave corporations the power and influence to pressure for changes until today, when we have corporate entities that are mega-corporations, allowed to run with no time limit into perpetuity, and in many regions corporations are recognized legally as a person, with the same rights and ability to vote in elections.

At the same time, as these drastic changes occurred with pressure over decades, internally, the business structure and culture of these corporations changed. 

I’ll take a moment now to point out that just because something is right, doesn’t mean it’s ethical, and just because something is ethical, doesn’t mean it’s right. This will come up again shortly.

Anyway, as corporations became more powerful, business operations and corporate law codified rules that put the financial interests of the share holders, the partners in the corporation, above all other business, moral, or ethical concerns. It became law that management at the CEO level could not make decisions that would harm the value of the company and lose shareholder money. In fact, it goes beyond that to not just avoiding losing money, but continuing to make choices that will not just increase the value, but earn the maximum possible value consistently over time.

Today, a CEO that makes choices that fail to maximize shareholder profits doesn’t just face job loss, but possible criminal charges as well, again, depending on where in the world you live.

Forget A.I., Corporate Law is the monster that we’ve created that will destroy us all.

We’ve created a legal entity, a business and cultural system that we know, by design, is meant to put money over any other concern, including the well-being of users, employees, customers or society in general.

We’ve created a business system designed not to care about people in the least. When push comes to shove, decision makers are pressured and legally bound to see people as an expendable sacrifice made for increased profits.

It’s a system that doesn’t care if the average person lives or dies and we’ve allowed this system to drive the majority of our economy.

If we don’t turn this car around, we’re going to hit a brick wall, and thanks to the system we live under, we each have to pay the full expense for any damages, whether we survive the crash or not.

This distorted favoritism toward percieved finance and influence that has led to changes in copyright law that keep characters out of public domain and allows mega-corporations to continue milking properties whose creators are long dead and whose descendants get little to no benefit from the extension of copyright protection. That’s a subject I’ll have to cover more in-depth in another blog entry.

Corporate interests seem to have become so corrupt, I get doubts and hesitation when I think about registering my studio as a non-profit. On one hand, I want to use my work to help people and support worthwhile causes. On the other hand, I fear my own viewpoint will become distorted by culture and operating procedures of the corporate structure.

The crux of this is that when we put profit before people, it will always decline. We have all these problems we worry about: climate change, political corruption, racial strife, can all be traced back to the conditions that we force ourselves to live under by condoning a system that has no concern or regard for the welfare of any individual person.

There needs to be an absolute reform of legal systems that clearly and always put the rights of people and the good of society over corporate profits. Human rights should always trump corporate rights.

Unless of course, you look forward to a future where your studio apartment is provided as a courtesy from your employer, Subway Sandwiches.

Well, that’s all for today!

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Thanks for reading,