Raising capital as a pseudonymous founder
soona.mirror.xyz
soona.mirror.xyz
The only hint is their mention of "KYC processes."
As an investor, I am confused who would agree to this. I would like to hear from someone who has done this.
Is there any binding legal action you could take if there is fraud? It says blended teams of anonymous and identified people but then you are just investing in the identified people and will have to go after them.
One only has to look at the history of the Silk Road to see how this goes. There was repeatedly tons of "reliable" pseudonymous sellers there who would maintain their reputation until they took a bunch of orders and pulled the rug. Over and over.
Tom Lehrer once said: "Political satire became obsolete when Henry Kissinger was awarded the Nobel peace prize."
I feel like with Bitcoin at $40-50k and Tesla at $1T we are in a similar place when it comes to investing.
I assume they are trying to say it is possible to invest in decentralized companies with anonymous founders by their tokens and protocols. Like many do with bitcoin.
My best guess would be it's a planted article to try and con someone into anonymously investing in a promising young DAO.
You can simply encode the full financing agreement (along with all relevant agreements, articles and by-laws) as smart contracts, and perform all company operations exclusively on the blockchain.
Can you encode "and we have recourse to the Delaware courts" into a smart contract? I thought you could only encode statements about things that happen on the smart contract's blockchain, but I'm not very knowledgeable about this.
If you do not have access to real-world courts, in the case of fraud, how do you recover your money? That is, suppose that investor A invests a bunch of cryptocurrency in pseudonymous founder B according to a smart contract, for a certain project, and B uses the funding to hire engineer C to help with the work. However, B and C are actually the same entity, who had no intention of doing any work at all, and B pays a generous "salary" to C and then comes back to A a few years later and says "Yeah we ran out of runway, we're gonna shut down, sorry" and A says "Yeah it happens to the majority of startups, it's fine." Then A hears a rumor about what really happened. How does A go about substantiating that rumor and getting their money back?
The only solution I can see involves B putting up collateral in the smart contract equal to the amount A invests in B, and that can only be released when some decision is made some years later that indeed B was non-fraudulent (let's imagine, for the sake of argument, there was a smart-contract court of chancery that could evaluate whether B was working in good faith and had subpoena powers, although I'm also curious about how that could work). That way, in the case of fraud, A could recover the amount they invested because exactly that much money is locked into the contract for this very purpose. But the market for venture capital where the founders already have as much money as they are raising, and are willing to lock up use of those funds while they work on their startup, is extremely small - such founders are necessarily capable of bootstrapping themselves.
So I'm genuinely trying to understand how it can be done or better yet whether anyone has done it. (Smart contracts are generally public, right? So if this has been done, it should be visible?)
Your first scenario is definitely worrisome. I’m pretty sure it also happens all the time in the real world, just with the definition of “entity” being family or friend group.
[1] https://blog.kleros.io/kleros-vs-cat-in-the-snow-the-escrow-... - this is the Kleros side of the story, couldn’t find the claimant’s. But the reasoning shows that the jurors and Kleros have little to no training in legal interpretation
(One of the things you get in Delaware and many many other meatspace jurisdictions is the doctrine of contra proferentem, i.e., ambiguous clauses are read to the detriment of the person who wrote the contract and made the other person sign it. In this case, there is clearly an ambiguous clause, at least in the sense that the parties disagree on it, and clearly one party wrote it and the other party had no ability to negotiate it. This rule incentivizes people to a) write unambiguous contracts and b) not play stupid games where they try to invent interpretations of their own contract so they don't have to do the thing they said they would.)
Anyway, to the meta-level of the arbitration / escrow - if I'm reading right, the only reason it went to arbitration is Kleros voluntarily put up 50 ETH, the entire amount under dispute, into a new cryptographically-binding arbitration contract, and the two parties had a verbal agreement that the result of that arbitration would end their dispute?
Which is to say, if Kleros said "We're happy to go to arbitration but we're not going to lock up 50 ETH while it's being disputed," the process would be stuck? And especially if Kleros said "There's no reasonable argument here, we're right," arbitration wouldn't actually be binding on them? (It seems they only entertained the dispute to show off their arbitration product....)
And also, if it went to arbitration and the claimant lost, nothing would prevent the claimant from saying "I never agreed to this, and I still have a dispute with you"?
edit: I see what you're saying - why couldn't you sue Kleros Cooperative in France about this? The extent of how much "code is law" with smart contracts is a complex legal question. You don't have to accept or acknowledge anything saying that to use Ethereum or Kleros.
I applaud those pushing the boundaries of what is possible with blockchains, smart contracts, etc. but I think fully encoding the ambiguity that the legal system continuously resolves is simply not possible. I'm surprised that my comment came off as something that people might say, but in retrospect, I suppose I shouldn't be; there are a lot of people that believe distributed consensus can solve all the things.
Check out @boredelonmusk as an example.
As the article says, pseudonymous does not mean anonymous. The real identity of the person is in the legal documents and known by everybody how needs to know. The fame and credibility the person has acquired has been done using pseudonym.
The most extreme case they mention is:
> .. Assumes team is pre-product and does not want to reveal their identities to investors. However, there are teams that choose to only reveal their identities to stakeholders for legal and financial purposes.
With all the pile of legal papers you have, what can you do to take your money back?
A court can garnish wages and send someone to jail. Most lawsuits end in reconciliation before it goes to court because of the potential costs. Both of mine did.
This is why investors prefer to deal with American C corps above all else. This is also why foreign investors want to deal with a Hong Kong subsidiaries with Mainland Chinese companies.
This is exciting. There could be a way to prove your identity without revealing it using zero knowledge proof on the contracts.
I'm seeing some of these pseudonymous companies take the form of a DAO with DAO members having say in how the tokens (funding) is distributed so the founder doesn't control 100% of it.
The investors would also be part of the DAO and can vote on proposals. Distribution of funds can be controlled through smart contracts.
It will make the landscape diverse too. There will be less biases for investors when they can't know the identity of the founder. This is making the place more inclusive.
Also, I think Sam Altman wanted to do something similar which he started with the community.
Governments developed KYC laws beginning in the 2000s so that banks wouldn't inadvertently help criminals by laundering money or providing access to capital.
Vancouver is a city dealing with crazy housing prices and a fentanyl drug problem because of illegal money. The government is moving in precisely the opposite direction to the article - to require listing the beneficial owners of land[1], again to expose organized crime and prevent money laundering. Requiring real names is a feature, not a bug.
[1] - https://biv.com/article/2021/12/why-are-bc-institutions-hidi...
Again, we already get all of this with real names and the existing legal system. This is really what a legal name is! Its a "pseudonym" but with enough linkage to the real world that its costly or impossible for someone to abandon it if they do something bad. Why not try to think a bit more about what systems already exist and how they help us before cheering on a new way to reinvent them poorly? I'm not suggesting the author is a criminal, all im saying is we as a society have always needed to build systems to prevent criminals from taking advantage of them, because they will. We all use email providers that block spam and sign contracts for jobs/rent too - its not because i think everyone who emails me is a scammer, its just that some are and this necessitates making the system resilient to them.
Remember that one person can have multiple pseudonyms and that a lot of real life proof of existence or work cab be crafted to fool a typical person with a lot of money.
People have ran cons in real name, and succeeded. Given pseudonymity not linked to any real assets (unlike a company), it's even easier.
Heck, someone can claim to be a given Nym while not actually being that person, blockchain does not link Nyms to a legal person, and neither does any DAO known to me. The only proof would be paying gas to whoever tries to strike a real life contract off a big account with visible history. And even that can be faked if you're diligent enough and hunting for whales. Good luck fixing it.
If a government backed a DAO and had some link, there goes pseudonymity but you also have some legal recourse.
A pseudonym can be linked to a company with real assets. I don't follow you here. I even referred to such a situation above. As did the article.
To answer your easy question, yes I can easily imagine scenarios where I might give a sizeable amount of money to someone that way. I have an online business and people in distant countries who don't actually know me give me sizeable amounts of money. They have my webpage which looks legit and demo software which works. There's no magic identity ingredient here to protect them. They'd move on and deal with someone else. There's a risk of course in everything. You certainly shouldn't risk money you can't afford to lose.
Now as for giving out something like seed funding, this is where it actually does start to get interesting. As I also said above, and as the author of the article also says, one needs some kind of data trail to build confidence. No you certainly shouldn't implement your due dilligence in a way that can be easily hacked with ringers or plagiarized code.
Re: pesudonyms, yeah pseudonyms are ok for posts on the internet with 0 stakes. They aren’t enough for situations where there is a potential need for accountability. I dont see a contradiction..
Otherwise I'm just hearing extreme risk-aversion. And a patronizing tone for that matter. I have repeatedly used terms like "interesting" to describe the problem. Since you seem to be devoting a very limited effort towards parsing my words, let me paraphrase for you: that means it's a hard problem. Stop tell me it's hard and thinking you countered my post.
Only handle names (Co-founders Cryptofish & 0xMurloc) are given instead of the human names in all documents. Most ethereum based businesses (traderjoexyz is Avalanche based) have at least a white paper with the actual people behind the business/concept.
Cheers
I've raised a decent bit from a well-known pseudonymous twitter account. If it's a smart contract-based investment, the blockchain secures their investment, not law, so don't need their "real" name for that.
Short of needing the name for legal reasons, why do I care what their birth name is? I know they have a certain audience in my target customer base, I know they are knowledgable about my space because I hear them talk all the time in twitter spaces.
If they want to remain pseudonymous, let them! In a world where gaining a large online presence essentially rolls the dice on whether you get cancelled for something in the future, are we really surprised people want to reclaim a bit of anonymity on the internet while still being able to build a reputation they can build on?
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>Why is this needed now?
So the founder can commit fraud.
>How can this legally exist?
I could imagine a few schemes for doing so. Not that it matters, since this company will vanish shortly after receiving funding.
>How is such a founder going to also be a leader?
You don't need to do any "leading" if you don't hire anyone, and just disappear with the money.
That said, that doesn't mean the company and founder have to be publicly announced. I just have to know who I'm dealing with, and do my due diligence. It's totally fine for the founder to adopt a pseudonymous public persona, or for the company to remain stealth. But there is no way I'm dealing with a founder who hides their identity from their investors.
Investor-company relationships are based on trust. You can't trust people you don't know.
By having the signed hash you could then easily submit a CNT-UPLNK request to the closest (or fastest) DECON content-farm via NFPN or FRYA protocols and get the content almost for free (assuming your staked FRYA balance can cover the cost of this micro transaction) - so you only pay for the transmission fees.
Not that simple with centralised web these days!
What if I'm using self-hosted SVN?
Amazon has been a big driver of anonymous business. They don't tell the customer who the real seller is, yet, when sued for liability, they claim they are merely connecting buyer and seller. Even when Amazon doesn't know who the seller is. Amazon fought liability up to the Pennsylvania Supreme Court, then finally settled when it looked like they were about to lose.[1] Amazon thus enabled an entire fake product industry.
We see this all the time with NFT scams. Especially the kind that are fund-raising operations for something not built yet. Those are public offerings, and when made to US persons clearly require filing with the SEC, with all the usual disclosures and financial statements. The SEC shut down the Initial Coin Offering industry back in 2018 for that sort of thing, but hasn't gotten to the forward-looking NFT industry yet. Probably because the complaints haven't started coming in yet.
[1] https://www.law.com/thelegalintelligencer/2020/09/23/product...