Re: [gentoo-nfp] Consequences of moving the Gentoo foundation somewhere else (Was: Gentoo Foundation Trustees nominations)

[Francisco Blas Izquierdo Riera (klondike)]

Hi Rich!

I really like how this discussion is going, I'm learning a lot. Thanks
for taking the time to write answers!

El 12/07/17 a las 16:46, Rich Freeman escribió:
> On Wed, Jul 12, 2017 at 10:36 AM, Francisco Blas Izquierdo Riera
> (klondike) <klondike@g.o> wrote:
>> El 12/07/17 a las 16:15, Rich Freeman escribió:
>>
>>> 2.  Tax benefits for US donors, assuming we ever get 501c3 status.
>>> I'm not sure how important this really is, but a LOT of organizations
>>> set up 501c3s in the US for this reason alone.
>> Similar benefits exist in other places of the world, in Spain for
>> example
> Not for US donors.  If you want US donors to get a tax break you need
> to have a US 501c3.
>
> Of course similar arrangements exist for donors in other countries.
> That would be one of the benefits for having multiple organizations.
> You basically end up needing orgs in any country where you get a lot
> of donations.
>
> Most big orgs that get a lot of donations tend to get a lot of these
> donations in the US, so having donors being able to tax-deduct in the
> US is a big benefit for them.
>
> It wasn't intended to be a US-is-better-than-Spain/etc comment.
No, of course not. Here is one of the "I still lack the experience at
the Gentoo Foundation to make promises" parts I referred to. I don't
know who are all the donors of the Gentoo Foundation nor where they are
based. So if most are based on the USA and attaining 501c3 status is
considered feasible this would be a good reason to either be based there
or having a subchapter.

Still, if I have to make a choice between money and community I suspect
I'll go for community.
>> In our case, since exploitation of Gentoo can happen anywhere on the
>> world such should be the main frameworks we should be used to as USA
>> can't put fines or anything for actions carried out of their jurisdiction.
>>
> Somebody needs to tell the US government that, because the US enforces
> extraterritoriality all the time.  The US also still exerts a lot of
> control over the underlying internet infrastructure which it tends to
> use to its advantage quite a bit.
>
> Just look at the RIAA-vs-the-world situation.  Sure, it is whack a
> mole but there is no question that they manage to get US interests
> enforced all over the place.
>
> I'm not saying that is a good thing.  However, the fact is that a
> judgment in a US court will get you a lot further than a judgement in
> a lot of other courts, because the US tends to throw its weight
> around.  If we ever find ourselves wanting to wield that power "for
> good" then it could be useful to have access to it.
>
> That was really the only point I was trying to make.  It is something
> to think about.

Well, keep in mind that in order to exert such pressure, organizations
like the RIIA perform lobbying as a way to make their interests appear
the US interests. I doubt (and also hope) the Gentoo foundation will
never be on such a bad position and that hopefully we'll be able to work
around such issues by using the currently available legal frameworks
without  having to resource to more unethical measures.

Klondike