IP ownership gets complicated thanks to the natural fluidity of startups as business enterprises: A developer may start out with a side project, bring some of that knowledge to bear on a consulting engagement, and ultimately found or join a related startup.
What sort of business operators can we predict will be disproportionately drawn to using a funding mechanism that is designed from the ground up to leverage a large number of middle-class individual investors with minimal bargaining power under circumstances involving minimal disclosure, toothless corporate governance and little-to-no liability to shareholders?
Valuation caps can shape the fundamentals of an exit, redistribute value among stakeholders, or even kill a deal altogether. Never missing an opportunity for a good war story, I’d like to revisit one high-profile transaction, the $650 million acquisition of MySpace by Fox Interactive Media in 2005.
A key advisory role of startup lawyers in my opinion is to level the playing field by bringing our own perspectives to bear, having gone through the twists and turns with many clients over the years. Knowledge is power.
After the last ops and engineering staff were laid off, I remember wandering through the cavernous, deserted NOC, strewn with assorted equipment that was left to be carted off to auction, looking up at the huge projection screens that forlornly flickered “No Signal.” It felt downright post-apocalyptic, with huge diesel generators out back standing ready to provide backup power to a NOC and data center that no longer needed it.
This week, industry leaders, pundits, journalists and assorted hangers-on are gathering in San Francisco for the annual Web 2.0 Summit, one of the online industry’s most influential events. John Battelle and Tim O’Reilly moderate conversations with a long list of Web luminaries, including Eric Schmidt, Carol Bartz, Marc Benioff, Reed Hastings, Peter Chernin, Tony Hsieh, Evan Williams, Mark Zuckerberg, Mark Pincus, Ron Conway, John Doerr, and Fred Wilson.
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