[gentoo-dev] Gentoo's current legal status

[gentoo-dev] Gentoo's current legal status

[Grant Goodyear]

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A few minutes ago, agriffis asked me about Gentoo's current legal
status.  I'm passing along my responses, in case anybody is interested.

First, our legal status is something that the Gentoo Foundation, Inc
trustees are in charge of handling.  I am a trustee, but I don't know
everything that's going on, so I ask the other trustees to correct me
where they see errors or omissions.

Copyright -- We're still obtaining legal help on this issue.  As far as
copyright transfer from Gentoo Technologies to the Gentoo Foundation,
Inc is concerned, my understanding is that drobbins is more than happy
to sign the paperwork once we actually get it to him.

NFP -- Now exists as a legal entity (in the state of New Mexico, to be
specific), but IRS paperwork has not yet been filed.  IRS paperwork
requires bylaws to be in place first.  The specific IRS filing will be
a 501(c)(6), I believe, so donations will not be tax free.

Bylaws -- First draft posted to -dev, with rather few comments.  Need
to move on getting these approved.

Financials -- bank account now exists, but has no money at the moment.

Store -- Official store is run by drobbins for as long as he wishes.  An
official European store may be in the works (drobbins has given his
blessing), but I'm not sure where that is right now.  Drobbins has also
pledged to give some fraction (he specified it, but I've forgotten) of
proceeds to the Gentoo Foundation.  I believe that the actual legal
situation with respect to the store is that drobbins is not obligated to
contribute funds to the foundation; he has offered to do so out of his
own generosity.  The Gentoo Foundation will be receiving the copyright
transfer from Gentoo Technologies in return for perpetual use of the
store and various, specified Gentoo IP (mainly the use of the name and
some images, I believe).

Elections -- The foundation is required to have elections within 13
months (I think) of the foundation's incorporation, so that needs to be done
soon.  Of course, the foundation needs members to do that, which
requires official bylaws.

-g2boojum-
-- 
Grant Goodyear	
Gentoo Developer
g2boojum@gentoo.org
http://www.gentoo.org/~g2boojum
GPG Fingerprint: D706 9802 1663 DEF5 81B0  9573 A6DC 7152 E0F6 5B76

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