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

[Rich Freeman]

On Mon, Jan 16, 2017 at 9:52 AM, William L. Thomson Jr.
<wlt-ml@××××××.com> wrote:
> On Sunday, January 15, 2017 3:59:12 PM EST Rich Freeman wrote:
>> On Sun, Jan 15, 2017 at 3:31 PM, William L. Thomson Jr.
>>
>> <wlt-ml@××××××.com> wrote:
>> > On Saturday, January 14, 2017 8:16:58 PM EST Rich Freeman wrote:
>> >> If we want legal advice it would make far more sense to retain
>> >> legal counsel, or maybe work with an organization that does so.
>> >
>> > How will you go about retaining legal advice? Who will have Legal
>> > authority to speak to legal counsel? Who will legally represent Gentoo?
>>
>> I was referring to the Foundation obtaining counsel in advance of a
>> move to something like SPI.
>
> Trustees are the only ones with legal authority who could retain any counsel.
>

I never claimed otherwise.  If we were going to transition to the SPI
the Trustees would oversee the change.

>
> The SPI provides legal assistance, it does not take over all legal matters and
> also uses the SFLC. Gentoo may still need its own legal representation. Their
> legal assistance is also at their discretion, unlike other services.
>

If we moved to SPI we would dissolve the Foundation.  There would be
no "Gentoo" to seek legal representation.

And since they're the ones who have to worry about getting sued, it
really shouldn't be a concern that legal assistance is at their
discretion.  The onus would actually be on them to ensure that we're
not doing things that will get them sued, not the other way around.
Obviously we would be good tennents, and Gentoo generally tries to
follow the law anyway.  Most of the areas we struggle are areas that
would go away under SPI.

-- 
Rich