Gentoo Archives: gentoo-trustees

From: Kurt Lieber <klieber@g.o>
To: gentoo-trustees@l.g.o
Subject: Re: [gentoo-trustees] FW: [gentoo-nfp] I met with my lawyer
Date: Thu, 15 Jul 2004 21:22:06
Message-Id: 20040715212228.GX18023@mail.lieber.org
In Reply to: RE: [gentoo-trustees] FW: [gentoo-nfp] I met with my lawyer by Daniel Robbins
1 On Thu, Jul 15, 2004 at 02:41:09PM -0600 or thereabouts, Daniel Robbins wrote:
2 > To get to the point, if we are treating our good faith agreement as a
3 > contract, then typically you would require the agreement of all parties
4 > (that would include me) to make the change. If we are not treating our good
5 > faith agreement as a contract, then what is its signficance? Is it simply a
6 > set of guidelines? Something in-between a set of guidelines and a contract?
7 > A "best effort?" If so, then you shouldn't have a problem with me making
8 > slight modifications to the guidelines as well so that they are more in my
9 > interests without any need for explanation, right?
10
11 We have a very specific issue that we'd like to seek alternate legal
12 counsel on. We're not saying "we're doing this whether you like it or
13 not." We're saying "we are obligated to act in the best interests of
14 Gentoo and, as part of that charter, we are going to seek a second opinion
15 on the best sort of federal status to file for." Quite frankly, I think
16 you would have more of a reason to be upset if we *weren't* seeking a
17 second opinion.
18
19 You, on the other hand, won't tell us what modifications you want/need to
20 change. You're making an issue out of something that isn't even an issue.
21 If you feel that us making this change to the agreement would force you to
22 make changes on your side, fine. TELL US WHAT THEY ARE!!! Otherwise, this
23 entire conversation is pointless.
24
25 Let's assume, for the sake of argument, that we elect to file for 501c3
26 status, after doing our due diligence and seeking legal counsel. Please
27 state exactly what you would want to change if we pursue this course of
28 action.
29
30 > If you represent Gentoo, and you are changing the agreement to be in the
31 > best interests of Gentoo, then why can't I, as the other party in the
32 > agreement, also make other changes to be in my best interests? Or are
33 > Gentoo's interests more legitimate than my interests? I hope not.
34
35 Actually, we are obligated to consider Gentoo's interests more than your
36 own. We're Trustees for Gentoo, not Daniel Robbins. That's not to say
37 we're going to try and screw you over -- nobody is trying to do that. But
38 our primary focus has to be what is best for Gentoo.
39
40 --kurt

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