Re: [gentoo-project] Formally have Council oversee the Foundation 2.0

[Rich Freeman]

On Mon, Jan 16, 2017 at 1:25 PM, Alec Warner <antarus@g.o> wrote:
>
> On Mon, Jan 16, 2017 at 10:19 AM, Rich Freeman <rich0@g.o> wrote:
>>
>> How would somebody sue "Gentoo" when Gentoo is just a trademark of
>> SPI?  There would be no legal entity called Gentoo to sue.  That's the
>> whole point.  If somebody wants to sue SPI then that becomes SPI's
>> problem, though obviously as a project we would cooperate with them to
>> minimize this risk.
>
> A suit against "Gentoo" aka:
> https://www.gentoo.org/inside-gentoo/developers/
>
> "A business partnership, a nonprofit organization, or a group of citizens
> can be parties in a lawsuit if the court accepts that group as representing
> 1 side of the dispute."
>

Sure, but in this case the first two do not exist, so Gentoo could not
be named in a lawsuit.  Certainly any group of Gentoo
developers/contributors could be named in a lawsuit, and so could
their next door neighbors.  And that is no different from today as
you've pointed out.

My point is that today if somebody messes up they are personally
liable and the Gentoo Foundation could also be liable.  If we moved to
the SPI model then the individuals would still be personally liable,
and SPI could also be liable.  And I assume that SPI is better at
managing its own liability.

-- 
Rich