Also EOS its build on top of ETH (if i understand) which has scalability problem, why not use like Bitshare (maybe same problem there)?

I'm sorry, but that's just really ignorant. No, it's not built on top of ETH. The coin distribution uses ETH and that's it. EOS is graphene based technology like Steem and BitShares.

The ICO is written, as I said, to avoid legal issues. Yes, it's in EOS's favor as it needs to be to be legal. They haven't taken advantage of anyone yet and it's all open on the ETH blockchain.

Maybe read a bit more from Dan himself or watch interviews of his own words. He recently explained on Anarchast exactly why he left Steemit and that it was the plan all along.