• Lolz, I find myself talking to a few people who run a large private torrent tracker and site as to how they do things.

    It is an option for me to give up control and help shepherd the site to a structure that puts it beyond the scope of the UK, especially given that we've already proven it can quickly change domain name (when the .sm was revoked) and IP addresses (when I changed hosting provider and no one noticed).

    Some thoughts about options:

    1. an internationally legal way that avoids the UK and didn't bother complying, a maze of foreign assets and volunteers in multiple jurisdictions (Switzerland, Spain, Germany, USA, Sweden) with nothing centralised or top of hierarchy to target.
    2. a less legal way, a no name band of volunteers and a very fluid infrastructure, all hosted who knows where... Similar to private torrent trackers, etc.
    3. Continue the way we were, but do all the compliance and legal work probono or at a discount, seek insurance for the risk, set up a UK company to limit liability, etc... but this doesn't feel as ideal given that it constructs a more fragile target as now too much is in the UK (more than is actually in the UK today).

    In the first two scenarios I'd give up all control but might be an advisor. In the last scenario, unless someone else wants to take the risk I'll be doubling down, it's possible but feels least desirable.

  • This might have been shot down already (we're 14 pages in) but what would be the scope of liability for a cooperative or similar community owned legal entity?

    I guess that relies on there being an appetite for the community to operate more like a members association, coop or similar. Perhaps that also comes with things like more stable cashflow (even if it was a token auth fee of £2p.a. or whatever it might be)

    If in doubt, collectivise?

  • A cooperative is a form of governance undepinned by other legal entities such as a limited company or community interest company, CIC.

    A CIC may be worth exploring.

  • I wouldn't say the financial risk is the big issue, a fair few ways around that as you've suggested.

    The issue is the individual liability of "senior management" (which I'd guess would be those in charge of maintaining the servers/code, moderation, etc), in particular potential criminal charges.

    The chance of that happening is probably negligible but non-zero.

    I guess there could potentially be a structure with no "senior management" and all decisions taken collectively but it seems difficult in reality.

  • If in doubt, collectivise?

    Hey, maybe you're not a total cunt after all

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