Gentoo Archives: gentoo-trustees

From: Grant Goodyear <g2boojum@g.o>
To: gentoo-trustees@l.g.o
Subject: Re: [gentoo-trustees] FW: [gentoo-nfp] I met with my lawyer
Date: Thu, 15 Jul 2004 22:50:11
Message-Id: 20040715225008.GD4226@orange-pc.ces.clemson.edu
In Reply to: RE: [gentoo-trustees] FW: [gentoo-nfp] I met with my lawyer by Daniel Robbins
1 > Could I drop my obligation to pay for the funding of the 501(c)(x) if I
2 > wanted, for example? Could I decide to transfer the Gentoo name and logo to
3 > me personally, rather than the foundation, but give the foundation an
4 > unlimited license to use it, so that legal disclaimers read "Gentoo is a
5 > registered trademark of Daniel Robbins" just like it says "Linux is a
6 > registered trademark of Linus Torvalds?"
7
8 I believe the answers are "yes", "no", "yes", and "I'm not sure". You
9 could decide not to pay for the 501(c)(x), but you've already signed a
10 document granting the Gentoo Foundation use of the name so I don't
11 believe that the name could be transferred to you. The logo could be
12 transferred to you, of course. My guess is that because you gave
13 written permission for Gentoo Foundation, Inc to use the name you
14 probably couldn't force such legal disclaimers, but I could certainly be
15 wrong about that.
16
17 > Please do not interpret this in a bad way: How happy would you be if my
18 > lawyer suggested that I amend the agreement so that I receive $250,000 in
19 > exchange for the transfer of intellectual property to the NFP, and I defend
20 > this change claiming that "I'm obligated to act in the best interests of
21 > Daniel Robbins?" I think this would be a pretty meaningless explanation, but
22 > this is the exact reasoning/explanation that you are offering to me.
23
24 Quite seriously, I have no problems with you acting in the best
25 interests of Daniel Robbins. Of course, Gentoo Foundation, Inc
26 currently has no money, so charging for the Gentoo IP probably isn't in
27 your best interest.
28
29 > So, I think that if we are making changes to the agreement, we need to dig a
30 > bit deeper for guidelines that we should follow. Is everything negotiable,
31 > but it needs to be agreed by both parties? Fine. Or are there some things
32 > that can be changed without the consent of the other party? If so, what
33 > kinds of things fall into that category? Or should we just make a best
34 > effort to meet each others needs and act in good faith? If so, then fine,
35 > I'm willing to do that if you are willing to be fair and reciprocate.
36
37 That last is the view I've been taking. I certainly have no desire to
38 make things worse for you, and I don't believe that anybody else here
39 does, either.
40
41 Best,
42 g2boojum
43 --
44 Grant Goodyear
45 Gentoo Developer
46 g2boojum@g.o
47 http://www.gentoo.org/~g2boojum
48 GPG Fingerprint: D706 9802 1663 DEF5 81B0 9573 A6DC 7152 E0F6 5B76