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The Handshake Deal Protocol

ycombinator.com

131–140 of 237 posts

Re: The Handshake Deal Protocol

#131
Seems like a good idea. One issue--

What if the investor doesn't immediately respond to the e-mail? Wouldn't that be sort of like the "partial yes" free option from the article, where they could wait until terms are (or are not) more favorable but still have a seemingly valid claim on an initial agreement?

Perhaps there should be a time limit, or the start-up can have the option of sending a second e-mail withdrawing the initial one?

Re: The Handshake Deal Protocol

#132

Earlier quoted context omitted.

When I was first dating the woman who became my wife, we decided to take a vacation together and split the expenses. We worked up a budget and did a pretty good job of sticking to it, until our car had a minor issue and we had some extra expenses (an extra meal at a restaurant, etc.) When we did the numbers at the end of the trip, it turned out that I overpaid by a bit, and she wrote me a check for that amount. When…

> she wrote me a check for that amount. When I cashed it a week later, she got very upset with me, because she forgot about it and already slated the money for something else You bastard! She forgot and you cashed it anyway! haha.

More or less her words, yes.

Re: The Handshake Deal Protocol

#135
post #107
post #17

Earlier quoted context omitted.

I would say, 1. something with a trigger like Bump, 2. which then pops up an Etherpad-style collaboratively-edited text field, 3. with MMO trade-dialog style 3-phase mutual-assent commit, 4. that leads to a copy being saved on both your phones, to a public-but-anonymous URL both parties can cite, and also forwarded to any other parties which either of you please--for example, your lawyers.

Build in SHA256 signing and you have something rock solid.

I would say it would be "easier" (in a way) to just back each of the "assent" phases (you agree, they confirm, you confirm) with an equivalent (automatic in-the-background) GPG signing. Then, what gets sent around is your signature of their signature of your signature of the final plaintext. :)

Re: The Handshake Deal Protocol

#136
The protocol is flawed at step 4.

The investor should reply "I confirm I'm in for for " otherwise the investor could say it said yes to the wrong text message/mail, and that's it's all a misunderstanding yada yada yada

Hard to do that if you have to answer something explicit.

Re: The Handshake Deal Protocol

#137
post #65

This protocol causes a valid and enforceable contract to be formed. In fact, the constraints imposed by the protocol are almost exactly what you might learn about contracts in the first year of law school. A contract is composed of a 1) reasonably specific offer, 2) acceptance of that offer, and 3) some consideration between the parties. By forbidding vague offers, PG is assuring that obviously questionable or unenfo…

Taken literally - yea. But you can fix it pretty easily just by adding the standard "this is nonbinding" language that all term sheets have. That's a little inelegant though. Probably what would be best is just to have a page defining the protocol (and clarifying that it is nonbinding) and have people link to it in their handshake email.

Re: The Handshake Deal Protocol

#138
post #32

Why not do something creative like have the investor sign a dollar bill (of any denomination) and give it to the founders? Every founder comes prepared with some cash in their wallet, and then when you confirm a deal the founders ask the investors to sign the dollar bill with a Sharpie/pen. On it would be some sort of short-hand for the deal valuation... Cash is more ubiquitous than phones - even impromptu, it's high…

People are more likely to carry a smartphone than a sharpie.

Other than that, I really like your idea.

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