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On Mon, Jan 16, 2017 at 1:46 PM, Dale <rdalek1967@×××××.com> wrote: |
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> |
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> |
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> That's my thinking as well. If SPI can't be sued, then Gentoo or the top |
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> people still in and running Gentoo would be sued. |
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Of course SPI can be sued. If I want to sue SPI all I need to do is |
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go down to a courtroom and file some papers and pay a filing fee. |
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That's what suing somebody is. Now, if I don't have a reasonable |
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grounds for the lawsuit it might be quickly dismissed. |
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Nobody could sue "Gentoo" under the SPI model because "Gentoo" would |
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not be a legal entity. They could certainly sue the "top people" in |
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it, as they can today. |
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> Let's say a dev did something that caused a lawsuit, say violated a |
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> copyright or something of that nature. Why would SPI defend that when SPI |
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> has no control over what the dev did? |
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If SPI was named in the lawsuit they would defend themselves. If they |
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weren't named in the lawsuit they wouldn't do anything. If the Gentoo |
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project (that is, a loose association of Gentoo developers who have no |
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legal existence) told SPI to pay their legal bills using Gentoo's |
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money, then they probably would do so. |
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> The legal council they have seems to be used to keep SPI legal not |
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> the groups underneath them. |
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Certainly, but that is all that is needed. |
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> If a distro, whether it is Debian, Gentoo or |
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> someone else, violates someone else or breaks the law, they would have to |
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> defend themselves. |
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Certainly, though "Debian" is not a legal entity, so it has no need to |
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defend itself from a lawsuit, because you can't sue "Debian." Some |
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individuals associated with Debian could be sued, and they would have |
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to defend themselves from the lawsuit. However, they could only be |
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sued for things they're personally responsible for. |
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If somebody wanted to sue "Debian" they would probably sue SPI, |
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because that is who is holding all of Debian's money. Presumably SPI |
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operates in such a manner as to make it hard to get it. |
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-- |
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Rich |