Re: [gentoo-trustees] FW: [gentoo-nfp] I met with my lawyer

[Deedra Waters]

I've been watching this thread, and I think that what daniel is asking in his own way is "so, if you guys are going to change the agreement, does that mean that I can change it as well?" I could be wrong, but I think that that's what's really being asked.


On Thu, 15 Jul 2004, Kurt Lieber wrote:

> Date: Thu, 15 Jul 2004 21:22:28 +0000
> From: Kurt Lieber <klieber@g.o>
> Reply-To: gentoo-trustees@l.g.o
> To: gentoo-trustees@l.g.o
> Subject: Re: [gentoo-trustees] FW: [gentoo-nfp] I met with my lawyer
>
> On Thu, Jul 15, 2004 at 02:41:09PM -0600 or thereabouts, Daniel Robbins wrote:
> > To get to the point, if we are treating our good faith agreement as a
> > contract, then typically you would require the agreement of all parties
> > (that would include me) to make the change. If we are not treating our good
> > faith agreement as a contract, then what is its signficance? Is it simply a
> > set of guidelines? Something in-between a set of guidelines and a contract?
> > A "best effort?" If so, then you shouldn't have a problem with me making
> > slight modifications to the guidelines as well so that they are more in my
> > interests without any need for explanation, right?
>
> We have a very specific issue that we'd like to seek alternate legal
> counsel on.  We're not saying "we're doing this whether you like it or
> not."  We're saying "we are obligated to act in the best interests of
> Gentoo and, as part of that charter, we are going to seek a second opinion
> on the best sort of federal status to file for."  Quite frankly, I think
> you would have more of a reason to be upset if we *weren't* seeking a
> second opinion.
>
> You, on the other hand, won't tell us what modifications you want/need to
> change.  You're making an issue out of something that isn't even an issue.
> If you feel that us making this change to the agreement would force you to
> make changes on your side, fine.  TELL US WHAT THEY ARE!!!  Otherwise, this
> entire conversation is pointless.
>
> Let's assume, for the sake of argument, that we elect to file for 501c3
> status, after doing our due diligence and seeking legal counsel.  Please
> state exactly what you would want to change if we pursue this course of
> action.
>
> > If you represent Gentoo, and you are changing the agreement to be in the
> > best interests of Gentoo, then why can't I, as the other party in the
> > agreement, also make other changes to be in my best interests? Or are
> > Gentoo's interests more legitimate than my interests? I hope not.
>
> Actually, we are obligated to consider Gentoo's interests more than your
> own.  We're Trustees for Gentoo, not Daniel Robbins.  That's not to say
> we're going to try and screw you over -- nobody is trying to do that.  But
> our primary focus has to be what is best for Gentoo.
>
> --kurt
>

-- 
Deedra Waters - Gentoo developer relations, accessibility and infrastructure -
dmwaters@g.o
Gentoo linux: http://www.gentoo.org


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