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Regulation isn't going to stop innovation that much, or the tech industry wouldn't be in california. The primary difference is that the US is one homogenous, huge market. If I build something in California, to California's laws, and it becomes a success, I can immediately sell it across the entire rest of the US, and I can expand across the US, using the same employment contracts as in california, same lawyers as in california, etc. Sure, later on I can save money by making the Delaware version of my product with more cancerous chemicals, or have stricter NDAs in my Florida contracts. But if I start with California regulations, I can expand to the entire US with a small team of employees. There's nothing like that in Europe. If my product works in Germany, I'll need a french, spanish, italian translation to sell it in these countries. I can't just hire people from these countries either — they've got different holidays, different work hours, different unions I'll have to deal with. Different tax codes and agencies. And often these are conflicting with one another. In the US, I need one or two support shifts in one or two languages. In the EU I need 27. In the US, I need one version of the product, with one plug. In the EU, unless I'm okay with 10A and a plastic chassis, I need a dozen different versions. And even if the product can be used universally, European culture is significantly more diverse than US culture. Is a phone call at 7am or 8pm more appropriate? Depends on whether you're in Germany or Spain. When a job applicant includes a photo of themselves and lists their parents' degrees and jobs on their own CV, is that appropriate or not? In Germany, that's often expected, in many other regions, a huge no-go. To be successful in the US, I need to build one company. To be successful in the EU, I need to build a multinational corporation with 27 local branches. |
In practice, the way California tech startups work is
Steps #5-6 aren't limited to a particular state. At that point, you have buckets of money anyway, so you contort your company structure and product into a configuration that is legal in as many jurisdictions as possible, including internationally.