Weekend startups prove challenging
blog.seattlepi.nwsource.com
blog.seattlepi.nwsource.com
The law is setup to prevent people from buying/selling shares of hypothetical inc. without talking to the government first.
Also with the raw number of people who had shares(120+) that more quickly draws the governments ire than two people trying to found a company together and it fails. Advertising for a company co-founder doesn't fall into this problem space.
In Atlanta's, the actual startup was an C-corp owned in part by Startup Weekend, LLC, in part by Atlanta Startup Weekend LLC, and the rest by the "core team" that existed after the weekend. People who participated in the weekend were given shares in Atlanta Startup Weekend, LLC, and not the C-corp. I think this was done to avoid any complications with the SEC, since LLCs are governed far less strictly.
I suspect that corporate lawyers are mistakenly worried about irrelevant laws being broken, but I don't know if that's the case here: 100-person startups formed over a weekend face unique legal challenges.
(And you've already had your "IPO", so there goes even more money).
That said, the barriers to starting a business in the US are not unreasonable. Having read "The World is Flat (2.0)" and recalling the hurdles encountered in other parts of the world, The US is pretty good, but not the best, and far from the worst. No place in the world, though, allows it to be done in a weekend.
It sounds from this writeup that the structure they wanted to have, which is frustatingly vague, is actually illegal. Not just difficult.
You can't afford to maintain 100 employees in a startup, and it is foolish to have 100 equal stock holders in a startup, every decision will take months. But if you auction the IP, the person or group with the most faith and ability to further the startup will buy it from the rest of the participants and the rest will have had fun and gotten some financial restitution for their work.