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by Propelloni 459 days ago
> This doesn't mean we should stop doing good things. But we should probably stop pretending that the law is some sort of invincible barrier to misbehavior. It lends very little credence to the robustness of the promise.

So we have common ground. I agree, laws by themselves have no power and they are certainly not an invincible barrier to anything! You need people and the will to uphold them. It requires eternal vigilance. And what I'm saying is that there are people and whole societies, in fact, wanting to and, in fact, upholding laws and the rule of law, e.g. Wirecard.

I may be naive, you may be cynic, that doesn't mean we can't pull on the same string. If you agree with me that the rule of law is desirable and that laws are uphold by people, I'd only ask you to not dismiss laws and the rule of law wholesale, just because there are bad actors and it is not perfect. I guess, that's not what you wanted to do anyway, but it came across as such.

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After looking more into our case of Ecosia I agree, their pledge has little legal binding power so far. As a GmbH they can put out press releases all day and rescind them just as easily. It does not fulfill the specific requirements of an "Auslobung" (a promise to do something), so, yeah, at the moment it's all talk. They may do the walk, but nobody can sue them, if they don't.

A foundation would be different, but also hard to do and not really suited for economic activity, a gGmbH is geared for economic activity in the public interest, which is different again, so they lobby for a new legal form (GmbV) that binds capital as a foundation would but is as easy as a GmbH to set up and run. Like I wrote earlier, there is activity in the legislative to create such a legal form, but Germany being a very thorough representative democracy there are many things to be taken into account and it will take time. Honestly, I'm not really invested in this initiative, so I'll wait and see and wish them all the best.