Re: [gentoo-project] Social Contract clean-up

[Michał Górny]

W dniu wto, 27.03.2018 o godzinie 11∶38 -0600, użytkownik Daniel Robbins
napisał:
> On Tue, Mar 27, 2018 at 10:49 AM, Alec Warner <antarus@g.o> wrote:
>
> >
> > I actually thought this too, but sadly its not in the Bylaws[1].
> >
> > Instead its just in some text about the Foundation[2].
> >
> > [1] https://wiki.gentoo.org/wiki/Foundation:Bylaws
> > [2] https://wiki.gentoo.org/wiki/Foundation:Main_Page#
> > Trustee_Responsibilities
> >
>
> Let me direct you to Article 5 ("Trustees"), Section 1 ("Powers"):
>
> "The business and affairs of the foundation shall be managed by or under
> the direction of the Board of Trustees, the "Trustees", which may exercise
> all such powers of the foundation and do all such lawful acts and things as
> are not by statute or by the Certificate of Incorporation or by these
> Bylaws specifically reserved to the members."
>
> ^^^^^^^
>
> I think I may need to insert some asterisks. The Trustees may exercise
> **all such powers of the foundation**. Which powers? **all powers**. What
> lawful acts, **all such lawful acts and things as are not by statute or by
> the Certificate of Incorporation or by these Bylaws specifically reserved
> for the members.** Let me clarify here that "statute" means "written law",
> so in other words, GLEP 37 is not a statute.
>
> What this means is that while a Council system exists, this is with the
> consent of the Trustees, and its existence does not in any way diminish the
> authority of the Trustees over the project.
>
> What the Trustees *cannot* do is ignore what is in the Bylaws, which means
> that they are elected by members, and that their positions have a term, etc.
>
> That's the law, folks.
>

Sure they can do anything. And what we can do in return is to stop
developing Gentoo and let Trustees build their great Gentoo without
the code to actually run it.

-- 
Best regards,
Michał Górny