Re: [gentoo-project] Groups under the Council or Foundation: the structure & processes thereof

[NP-Hardass]

On 10/13/2016 10:40 AM, William L. Thomson Jr. wrote:
> On Wednesday, October 12, 2016 11:30:23 PM EDT Robin H. Johnson wrote:
>> TL;DR: move comrel, infra, PR to Foundation. Have strict(er) application
>> of policies to them in line with their powers.
>
> Just for the record so it is clear to all.
>
> The Gentoo Foundation OWNS Gentoo and all its assets, code, trademark,
> projects, etc. Everything falls under the foundation. You can create what ever
> meta structure you like, but when it comes to the law and legalities. It all
> belongs to the Foundation.
>
> I am not saying they would, but if the Trustees wanted to do anything within
> Gentoo, it is their LEGAL right to do so. They are the ONLY legal authority
> over Gentoo. No other body has any legal authority. If the council did not
> like any action they Trustees took. they have NO legal recourse. No one does.
>
> Even if every member challenged the actions of the Trustees. Who will you take
> that matter to?
>
> Good luck challenging any action, even in a court of law. More so if the
> actions the Trustees took had a good outcome. There would be no legal case
> against them or the foundation. Not to mention who pays for such litigation,
> as any funds for Gentoo come from the Foundation...
>
> Do not be under the delusion many have for years that the Foundation has no
> power and cannot have its power further extended till it is in order. That the
> most important aspect of Gentoo, its OWNERSHIP, is not in order is very
> serious. Everyone should care about the foundation. If you do not, you do not
> care about Gentoo. Because every contribution, belongs to the foundation. If
> something happens, it effects your contributions. Everyone should care, but
> most do not.
>
> It is only out of respect of the community Trustees post and do things that
> others approve. But they do not have to. They can change the by laws, and do
> what ever they fell is necessary, and they have 100% Legal Authority to do
> just that.
>

By the same token, and maybe it needs to be explicit, the Trustees have
entrusted the running of non-legal and day-to-day matters of Gentoo to
the community created and democratically voted Council (per GLEP 39) and
that the Trustees at this time cedes control of those matters to them,
with the option of reviewing such actions if necessary.   To the best of
my knowledge, this is effectively how things are done now, but it isn't
officially on the books.

-- 
NP-Hardass