As for the bankruptcy situation, that's one of those cases where there is absolutely no loss for the start-up, after all, the people that found the start-up have nothing to gain once they go bankrupt, but users have everything to gain because if their data gets sold the buyer will be able to do just about anything he wants with the data if the conditions have not been created ahead of time in such a way that they survive the transition.
So, from the point of view of the start-up owner and the users that's a win-win, it may reduce the value of the assets during a bankruptcy liquidation but that's an acceptable trade-off in my opinion.
The issue with your bankruptcy clause isn't its reasonableness (although I personally don't think it's reasonable); the issue is that it's probably not enforceable. I'm not particularly interested in amateurishly delving into the nature of executory and non-executory contracts between freemium startups and their users, but just know that this is not a simple niche in US law.
I'm a very arrogant guy (really), but not so much that I feel like I can come up with a code of conduct for startups on my own. I've got no alternative to offer you. I don't think we need one and I'd bet the market is going to agree.
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Still waiting for your alternative.
As for the bankruptcy situation, that's one of those cases where there is absolutely no loss for the start-up, after all, the people that found the start-up have nothing to gain once they go bankrupt, but users have everything to gain because if their data gets sold the buyer will be able to do just about anything he wants with the data if the conditions have not been created ahead of time in such a way that they survive the transition.
So, from the point of view of the start-up owner and the users that's a win-win, it may reduce the value of the assets during a bankruptcy liquidation but that's an acceptable trade-off in my opinion.
The issue with your bankruptcy clause isn't its reasonableness (although I personally don't think it's reasonable); the issue is that it's probably not enforceable. I'm not particularly interested in amateurishly delving into the nature of executory and non-executory contracts between freemium startups and their users, but just know that this is not a simple niche in US law.
I'm a very arrogant guy (really), but not so much that I feel like I can come up with a code of conduct for startups on my own. I've got no alternative to offer you. I don't think we need one and I'd bet the market is going to agree.