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EU considers calculating X fines by including revenue from Musk’s other firms (arstechnica.com)

submitted 2 months ago by Xatolos@reddthat.com to c/technology@lemmy.world

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[–] tekato@lemmy.world -5 points 2 months ago (1 children)

Whether it’s subject to DSA or not is irrelevant. The fact is that a company has to pay a fine to the government, whatever the infraction might be, and the government is trying to force something else, not the company in question, to pay the fine.

[–] BrikoX@lemmy.zip 3 points 2 months ago (1 children)

It can't be irrelevant as it's the primary factor in deciding if the fine will even be brought. But ignoring that, there are clear limits. This would only apply to cases where corporate assets were used as personal ones. Hence, the limitation to private companies that have sole owners.

And you talk like this is some novel never heard of approach. Personal liability applies to many actions under the law, just corporations managed to lobby it down for themselves. And your scaremongering of small family business becoming some governments targets are unfounded.

[–] tekato@lemmy.world 0 points 2 months ago (1 children)

It can't be irrelevant as it's the primary factor in deciding if the fine will even be brought.

Is DSA the only way for your company to get fined? If the answer is no, then yes, it’s irrelevant. Because while your company may not be eligible for a DSA fine, there are countless different situations which could leave you in the same spot.

Personal liability applies to many actions under the law

Yes, but none of those actions involve what is happening here. The DSA clearly states that the company may be fined up to 6% of its yearly revenue.

your scaremongering of small family business becoming some governments targets are unfounded.

What scaremongering? This is a valid concern. If Elon Musk’s rights as a company owner can be violated, who says yours can’t?

[–] BrikoX@lemmy.zip 1 points 2 months ago (1 children)

I love how you quoted all the parts expect the one that mentions where for this to even apply the person have to misuse corporate assets in the first place. Follow the law, and you are good in the EU, no matter which size business you are.

If Elon Musk’s rights as a company owner can be violated, who says yours can’t?

Here you go again. If they decide to go through with it, no Musk rights will be violated, there is extensive legal precedent in the EU that covers this.

[–] tekato@lemmy.world 0 points 2 months ago

I love how you quoted all the parts expect the one that mentions where for this to even apply the person have to misuse corporate assets in the first place.

Didn’t bother responding to it because it’s irrelevant. Elon Musk is not being accused of misusing corporate assets, he is being accused of not complying with the DSA.

there is extensive legal precedent in the EU that covers this

Of course, extensive means many. Point to at least 2 cases in which other assets of a company’s owner were threatened by the EU government due to DSA violations. I know there are none, so I’ll make it easier. Name 2 cases for which the EU went after the owner’s other assets because the fine to the company wasn’t enough, whatever the fine might originate from.