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James Laslavic wrote: [Wed Jan 16 2008, 05:22:16PM CST] |
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> Renat Lumpau wrote: |
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>> On 1/16/08, James Laslavic <squarebottle@×××××.com> wrote: |
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>>> Also note that technically, Daniel Robbins already owns all the |
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>>> trademarks and stuff again because when the charter was revoked, all |
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>>> contracts and stuff (such as the transfer of rights) was legally |
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>>> nullified. He's pretty much just being polite by asking. |
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>> This is entirely false. |
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> |
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> The Gentoo charter was revoked, so in the eyes of New Mexico, it does not |
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> exist as a legal entity anymore, and thus does not have the privileges that |
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> go with it. Unless the Foundation specifically passed the rights on to some |
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> other legally recognized entity before it ceased to exist, then the |
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> transfer of rights being nullified would return the rights to Daniel. I'm |
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> not a lawyer, but that is my understanding of how it works. If you can find |
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> some laws that say that this is wrong, then super duper. |
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|
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For what it's worth, I spent some time talking to lawyers today. |
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The state of New Mexico did, indeed, revoke the charter for the Gentoo |
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Foundation, Inc. in October. It's not entirely clear why, since I |
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mailed a check along with the (then) current and past-due annual reports |
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to the state of NM. Since the check I sent never cleared, it seems a |
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good guess that the paperwork went astray, but we won't know until we |
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hear back from NM. (A request for information was filed, but I believe |
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we are looking at 10+ days for a response.) That's exceptionally |
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embarrassing, but it's not the disaster that many people have assumed it |
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to be. The state of NM also has a straightforward procedure for |
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reinstating a revoked charter, as long as it's filed within two years |
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of the charter's revocation. |
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|
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Now, I'm not saying that there isn't serious cause for concern, or that |
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there wasn't at least one if not several astounding mistakes made (by |
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me, actually, to be specific) where the Foundation is concerned, but the |
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Foundation still exists. Otherwise, it would be rather difficult for |
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its charter to be reinstated. |
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|
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-g2boojum- |
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-- |
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Grant Goodyear |
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Gentoo Developer |
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g2boojum@g.o |
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http://www.gentoo.org/~g2boojum |
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GPG Fingerprint: D706 9802 1663 DEF5 81B0 9573 A6DC 7152 E0F6 5B76 |
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