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