It is one thing to talk about the “virtual corporation” and online commons as new organizational forms. It’s quite another to have those forms be legally recognized. Yet in a little-noticed law enacted in June 2008, the State of Vermont has formally conferred “legal personhood” on online communities that wish to form limited-liability partnerships.
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The Vermont law strikes me as an ambitious next stage in the evolution of tech and legal infrastructure that started with free software and Creative Commons. The General Public License (for free software) and CC licenses authorize new forms of sharing and collaboration, and have the force of law. We’ve seen the explosion of new online creativity and collaboration that has resulted. The new Vermont law has the potential to authorize all sorts of interesting new collaborative organizations that would have the full legal standing to “compete” with conventional corporations.
My friend John Clippinger of the Berkman Center has described the virtual corporations law as the first step toward imagining a new type of “cloud law.” He is referring to “cloud computing,” the next generation of computing that will locate software systems in the “cloud” – remote server-farms that are accessible from anywhere, through one’s iPhone, laptop or other portable device. Cloud computing will be sold as a utility – like electricity or phone service – and will enable even more powerful modes of Web 2.0 collaboration. For economic reasons, tech experts regard the Cloud as the virtually inevitable next stage of computing.