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Hearn posted the following message to the legal section of the members-only foundation forum:
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This was exactly my biggest concern when the idea of the foundation was initially floated, and I stated it. Fungus grows in the dark. As it happened, the level of opacity is far worse than I even dreamed it might be.
In order to protect my own ass I need to understand the way things are progressing and I'm not going to buy a seat at the foundation just to do this because I feel that they are not acting in the best interests of what I'd like to see Bitcoin become.