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On Wed, 2011-03-23 at 15:37 -0500, Dale wrote: |
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> |
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> If they are not filed, does Gentoo cease to exist legally? |
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Not really, but sorta. If would have to re-establish and file with New |
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Mexico as a for profit. Seems the IRS just changes status from exempt, |
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to non-exempt. |
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> If so, wouldn't Gentoo lose all it intellectual property? For example, is |
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> someone started using the Gentoo emblem, would Gentoo exist legally to |
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> even stop the person/company from using it? After all, if you don't |
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> exist, you can't *own* anything. |
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Not really, but that problem could arise. Gentoo wasn't in existence |
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legally back in 08. That was the first task the board back then |
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accomplished. With me doing the final mailing into New Mexico. |
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> My biggest fear is that Gentoo, and the folks that are in charge, are |
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> going to let this slide long enough that Gentoo is no longer able to |
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> survive. |
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It will likely survive, but they have let this slide. This situation is |
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100% a result of devrel, and a few other developers driving me away. |
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Rather than staying out of the way, and letting me get tasks done, that |
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clearly no one else has or will. |
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> It could be the IRS imposes penalties that Gentoo can't pay or |
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> the penalty is that it just no longer can file them at all, even if for |
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> financial reasons. |
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The pentalities are that it becomes a for profit entity. Has to pay |
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taxes for any years it did not file as for profit entity. Which means to |
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pay back taxes, penalties, and any interest. That would likely |
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immediately bankrupt Gentoo. Not that Gentoo needs money to exist. |
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> It could be that the state steps in and does something too. |
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That is another matter, and the state did revoke the charter before. I |
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do not recall any action thus far from the IRS. They tend to be rather |
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behind on such things clearly. States tend to be behind as well, but |
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dealing with smaller numbers, and tend to catch up before the IRS. |
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> I know if a individual or a profit company does this, they would be |
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> gone pretty quick. The IRS would own Gentoo and there would be a |
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> auction soon after. |
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Something along those lines, but they can't really take your business |
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from you. Just make it impossible to remain in business, and drain all |
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financial resources. |
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> Be our luck M$ would buy it. o_O |
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Pretty sure nothing like that would happen, but I do not know enough to |
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say for sure other way. This is new territory for me, and one I never |
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wanted to have any knowledge or awareness of. |
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> Since I live in the USA, April 15th is coming pretty quick. Someone |
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> better get on the stick. |
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Either way its a bit to late now. At least 3yrs have passed already. |
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Things were not current or filed in 07, not sure about 06 or prior |
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years. Gentoo needs to hire and retain someone to work on this matter |
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ASAP before it gets any worse. |
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> I'm just glad someone in the know is making this public. |
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Your welcome, but I have been telling others in private for some time. |
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They failed to act, or take this seriously. I did not want to air |
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Gentoo's dirty laundry in public. But thats the only way things to make |
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anything happen clearly. |
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> I thought things were taken care of a few years back. |
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You can thank devrel the CoC, and some other developers for that. I can |
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name names, and its a very short list. But the impact of their damage is |
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rather tremendous. Clear case of the pot calling the kettle black. |
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Suspended me because I was supposedly being destructive. However they |
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did considerably more damage in driving me away. Since I would have made |
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sure all this was done. Which no one else has filled that void since. |
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However I knew at the time I did not have the support or cooperation |
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from other board members. I knew the treasurer should never have been |
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such ever. But there was no way to make others realize that fact. Much |
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less I got no support from the community as a whole, mostly the |
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developer community. The situation just escalated, from me stepping down |
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from the board, to me resigning as a developer. To years later stuff |
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still not being done. |
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Its very sad all around, and anyone who was involved before can pat |
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themselves on the back for a job well done. Helping to really put |
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Gentoo's NPO status in jeopardy, if not losing it for a period of time, |
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and incurring substantial legal costs to get things in order. |
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Yet it was my behavior on this very list long ago that got devrel |
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involved and set Gentoo on the course its on to this day. Had devrel |
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never suspended me, or other board members supported me and we replaced |
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the treasurer in 08. Things would be very different then and now. |
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Lessons learned the hard way, but it really did not have to be such! |
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-- |
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William L. Thomson Jr. |
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Obsidian-Studios, Inc. |
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http://www.obsidian-studios.com |
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