Gentoo Archives: gentoo-project

From: Rich Freeman <rich0@g.o>
To: gentoo-project@l.g.o
Subject: Re: [gentoo-project] Formally have Council oversee the Foundation 2.0
Date: Mon, 16 Jan 2017 18:19:52
Message-Id: CAGfcS_n-FeK3PKe3BSrj3_uBOQqkPdGNJ4J5RrQwiNFhpJNdng@mail.gmail.com
In Reply to: Re: [gentoo-project] Formally have Council oversee the Foundation 2.0 by Dale
1 On Mon, Jan 16, 2017 at 1:13 PM, Dale <rdalek1967@×××××.com> wrote:
2 > Rich Freeman wrote:
3 >> On Mon, Jan 16, 2017 at 12:35 PM, William L. Thomson Jr.
4 >> <wlt-ml@××××××.com> wrote:
5 >>> On Monday, January 16, 2017 11:56:43 AM EST Rich Freeman wrote:
6 >>>> And nobody really has a choice about whether they'll handle lawsuits.
7 >>>> If you own property, then you better have a plan for handling
8 >>>> lawsuits. I suspect that SPI has thought this through a bit more than
9 >>>> we have historically.
10 >>> The SPI is not a legal management entity. You are confusing fiscal with legal.
11 >>>
12 >> Again, I think you're thinking I'm saying I'm not.
13 >>
14 >> I'm not saying that the Gentoo Foundation should retain the legal
15 >> services of SPI. I'm saying that they should turn over their property
16 >> to SPI and cease to exist. At that point we don't need legal
17 >> services, because we legally don't exist.
18 >
19 >
20 > I have been looking at the SPI website, other than managing money and
21 > controlling assets, SPI does not appear to do anything else management
22 > wise. Do you have a link to the SPI website that says it does what you
23 > claim?
24
25 I don't claim that SPI does anything other than manage money or assets.
26
27 >
28 >>>> In any case, the point is that if Gentoo moves under SPI then there
29 >>>> would be no "Gentoo" to sue. "Gentoo" would be a trademark of SPI.
30 >>>> Any copyrights on our works that are held centrally would belong to
31 >>>> SPI. Our money would be stored in SPI bank accounts. So, if you want
32 >>>> our stuff, you have to sue SPI.
33 >>> Completely WRONG!
34 >>>
35 >>> "Project Independence
36 >>> SPI does not own, govern or control the associated projects."
37 >>> http://www.spi-inc.org/projects/relationship/
38 >> They wouldn't own the project. They would own our assets. They
39 >> wouldn't control anything.
40 >>
41 >
42 > They would own the assets but I have found nothing that says Gentoo
43 > can't be sued still or that SPI would provide a defense for Gentoo. The
44 > only case I can think of, if the IRS comes after Gentoo and SPI is
45 > handling the money and paperwork. Then SPI would step in.
46 >
47
48 How would somebody sue "Gentoo" when Gentoo is just a trademark of
49 SPI? There would be no legal entity called Gentoo to sue. That's the
50 whole point. If somebody wants to sue SPI then that becomes SPI's
51 problem, though obviously as a project we would cooperate with them to
52 minimize this risk.
53
54 --
55 Rich

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