Gentoo Archives: gentoo-nfp

From: Rich Freeman <rich0@g.o>
To: "Francisco Blas Izquierdo Riera (klondike)" <klondike@g.o>
Cc: gentoo-nfp <gentoo-nfp@l.g.o>
Subject: Re: [gentoo-nfp] Consequences of moving the Gentoo foundation somewhere else (Was: Gentoo Foundation Trustees nominations)
Date: Wed, 12 Jul 2017 15:12:31
Message-Id: CAGfcS_k7kzwyCDwiCH2Phpc9zi5NQCt4X8HKYf3EGib35O7YYQ@mail.gmail.com
In Reply to: Re: [gentoo-nfp] Consequences of moving the Gentoo foundation somewhere else (Was: Gentoo Foundation Trustees nominations) by "Francisco Blas Izquierdo Riera (klondike)"
1 On Wed, Jul 12, 2017 at 10:59 AM, Francisco Blas Izquierdo Riera
2 (klondike) <klondike@g.o> wrote:
3 >
4 > No, of course not. Here is one of the "I still lack the experience at
5 > the Gentoo Foundation to make promises" parts I referred to. I don't
6 > know who are all the donors of the Gentoo Foundation nor where they are
7 > based. So if most are based on the USA and attaining 501c3 status is
8 > considered feasible this would be a good reason to either be based there
9 > or having a subchapter.
10 >
11
12 Could Gentoo attain 501c3 status? Maybe.
13
14 Is it likely or worth it? Questionable, honestly. IMO we'd be better
15 off pursuing the umbrella org solution and just leaching off of
16 somebody else's status (and hopefully benefit from the economies of
17 scale on overhead).
18
19 If we ever started turning over a lot more cash it would probably help
20 to have this status.
21
22 > Still, if I have to make a choice between money and community I suspect
23 > I'll go for community.
24
25 Oh, no argument there. I don't know what we'd even do with a lot of
26 donations. To really make the money work you end up having to build
27 out more of an org (Apache/Mozilla Foundations come to mind). I'm not
28 saying that those orgs don't do good things, but it really is a very
29 different mindset than what we're all used to. At some point you end
30 up having to put the suits in charge.
31
32 >
33 > Well, keep in mind that in order to exert such pressure, organizations
34 > like the RIIA perform lobbying as a way to make their interests appear
35 > the US interests. I doubt (and also hope) the Gentoo foundation will
36 > never be on such a bad position and that hopefully we'll be able to work
37 > around such issues by using the currently available legal frameworks
38 > without having to resource to more unethical measures.
39 >
40
41 I don't know that outright lobbying is needed since the RIAA and such
42 are already doing it.
43
44 However, what it does require is a willingness to actually employ
45 these kinds of measures.
46
47 If somebody was abusing our copyrights beyond a firm but polite
48 letter, would we REALLY want to deal with legal action? We barely can
49 muster up the willpower to file our taxes. When it comes to paperwork
50 a lawsuit is a gift that just keeps on giving...
51
52 Sure, you can hire lawyers and they do most of the lifting, but you
53 can hire accountants too, and yet we struggle just to make that happen
54 (this isn't to diminish all the recent progress on that front - but it
55 has taken fairly heroic efforts by a few people to get to where we
56 are, which isn't even where we want to be quite yet, though if we keep
57 it up I think we'll get there).
58
59 So, in some sense the Foundation exists in part to wield a power we
60 don't actually care to wield.
61
62 The flip side is that having our IP registered in the US is probably
63 useful defensively, so that those who are more willing to resort to
64 those measures are less able to use them against us. Of course, if
65 defense was our main concern maybe it would make sense to not have all
66 our bank accounts in the US only, where the US doesn't even need to
67 try to export its laws to seize them. We're not a ripe target for
68 such things though - while I could see somebody benefiting from
69 ignoring our IP, I doubt anybody would bother to try to co-opt it.
70
71 --
72 Rich