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On 16 Apr 2004, at 23:16, Daniel Robbins wrote: |
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> Hi Guys, |
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> |
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> I met with my lawyer and this is the tenative plan for the not for |
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> profit. |
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> In this plan, I am attempting to balance the commitments I have made |
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> to individuals |
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|
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Can those commitments be categorized as for profit? |
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|
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> Gentoo Foundation, Inc. proposal |
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> |
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> There will be an initial board of trustees appointed, which will be |
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> selected |
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> to meet my commitments to existing managers and developers. |
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|
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Do we have to trust the people you have made commitments to, and which |
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are going to be selected by gentoos sole FP entity (because that is the |
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only thing you have been doing lately)? |
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I wouldn't want to be part of that NFP board, because people could say |
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that I'm one of guys you made a secret commitment with. You are already |
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saying that you made commitments with certain managers, I don't think |
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it was smart for such a manager to engage in such a commitment, and |
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especially not to insist on it being put into practice the way you are |
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currently trying to implement the commitment. I would even go as far to |
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claim that such a manager (who insists on implementing the commitment) |
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is putting the establishment of a NFP entity at risk. |
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As long as those commitments cannot be categorized as for profit, I |
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would have no objection for such a gentoo member (who engaged in a |
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commitment) to become part of the initial NFP board, a board whose |
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responsibility would be, amongst others, to determine a policy on what |
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FP entities are allowed to use the Gentoo trademarks. You have to |
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realize that the very fact that I need to ask a FP entity (again, |
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because that's the only thing you have been doing lately) this |
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question, probably renders the situation more complicated than it |
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needed to be, unfortunately. |
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|
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> Gentoo Technologies, Inc. will transfer the copyrights and trademarks |
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> to the |
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> Gentoo Foundation. In exchange, the Gentoo Foundation will grant Daniel |
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> Robbins & Gentoo Technologies, Inc. perpetual, non-exclusive, |
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> royalty-free |
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> use of the "Gentoo" trademark and "G" logo. This will allow me to |
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> continue |
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> to run the Gentoo Store if I want. |
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|
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You could leave this out, and make a 'gentlemen agreement' instead. Why |
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wouldn't the people you have been making commitments to behind at least |
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my back, be prepared to make a commitment to you in return? Especially |
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after all the trouble you are undergoing to ensure those commitments |
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are implemented. |
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|
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The board hasn't been established and already it needs to agree to the |
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-unconditional- demands of a FP entity. This effectively puts a FP |
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entity in control of the entire cash-flow of the NFP entity, an FP |
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entity who I should note has failed to publish quarterly financial |
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results, besides the occasional "I need a raise", "I want a higher |
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living standard", "I am <insert high amount> in debt", ... (which was |
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send to this list just moments ago I see). |
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|
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You have to make your mind up: Moving the FP to a new office instead of |
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continuing to burn cds at home, and then whining to the NFP about your |
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debt, doesn't sound ok to me. It still is your problem to make sure you |
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keep both your FP and NFP roles as (amongst others) a |
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release-engineering lead, manager, chief architect, trademark holder, |
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store owner, ... separated. |
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> If you have any suggestions for improvement or for coordinator/project |
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> lead |
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> structure, try to see if you can suggest it so that it can work in the |
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> context of what I've just outlined above. |
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Trying to stick to that wasn't easy. |
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Best regards, |
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|
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Pieter Van den Abeele |
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> Sincerely, |
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> |
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> Daniel |
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-- |
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