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this post was submitted on 22 Sep 2023
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From Wikipedia, the free encyclopedia
Linux is a family of open source Unix-like operating systems based on the Linux kernel, an operating system kernel first released on September 17, 1991 by Linus Torvalds. Linux is typically packaged in a Linux distribution (or distro for short).
Distributions include the Linux kernel and supporting system software and libraries, many of which are provided by the GNU Project. Many Linux distributions use the word "Linux" in their name, but the Free Software Foundation uses the name GNU/Linux to emphasize the importance of GNU software, causing some controversy.
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It doesn't mean short term profits over long term profits, or dividends/buybacks over reinvestment, or anything like that.
The Delaware courts have repeatedly confirmed that majority shareholders, officers, and directors are allowed to do things like pay their employees bonuses, give corporate money to charity, demand less than the market-clearing, profit-maximizing prices, etc., even over minority shareholder objections that the corporation isn't properly maximizing shareholder value.
eBay v. Newmark doesn't change that. That was a fight about shareholder rights to buy or sell shares (or majority shareholder powers to prevent minority shareholders from acquiring or selling shares without the majority shareholders' approval), which directly affects the value of the shares themselves (without getting into the question of the corporation's obligation to grow that shareholder value in business operations). It's one step removed from what we're talking about, about the directors' power to control shares, rather than the directors' power to control the company.
It does mean that in many cases, or at least people are afraid enough it means that to not want to fight it.