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Rich Freeman wrote: |
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> On Mon, Jan 16, 2017 at 1:25 PM, Alec Warner <antarus@g.o> wrote: |
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>> On Mon, Jan 16, 2017 at 10:19 AM, Rich Freeman <rich0@g.o> wrote: |
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>>> How would somebody sue "Gentoo" when Gentoo is just a trademark of |
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>>> SPI? There would be no legal entity called Gentoo to sue. That's the |
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>>> whole point. If somebody wants to sue SPI then that becomes SPI's |
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>>> problem, though obviously as a project we would cooperate with them to |
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>>> minimize this risk. |
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>> A suit against "Gentoo" aka: |
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>> https://www.gentoo.org/inside-gentoo/developers/ |
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>> |
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>> "A business partnership, a nonprofit organization, or a group of citizens |
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>> can be parties in a lawsuit if the court accepts that group as representing |
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>> 1 side of the dispute." |
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>> |
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> Sure, but in this case the first two do not exist, so Gentoo could not |
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> be named in a lawsuit. Certainly any group of Gentoo |
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> developers/contributors could be named in a lawsuit, and so could |
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> their next door neighbors. And that is no different from today as |
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> you've pointed out. |
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> |
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> My point is that today if somebody messes up they are personally |
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> liable and the Gentoo Foundation could also be liable. If we moved to |
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> the SPI model then the individuals would still be personally liable, |
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> and SPI could also be liable. And I assume that SPI is better at |
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> managing its own liability. |
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> |
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Since SPI does not control Gentoo or any other project, how could they |
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be held liable in a lawsuit? SPI isn't going to "manage" the devs or |
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any other remnants of Gentoo. That is left to the Gentoo group to |
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manage. That is who would be sued. |
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Now if the IRS were to come after what is left of Gentoo, SPI would |
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likely step in since it is in control of the money and assets However, |
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if the IRS comes after Gentoo for things before SPI took control, then |
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the IRS would likely come after both, Gentoo people for the past |
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behavior and SPI since it has the money and that is usually what the IRS |
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is going after. Of course, the IRS is a different beast. |
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Dale |
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:-) :-) |
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