From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: from lists.gentoo.org (pigeon.gentoo.org [208.92.234.80]) (using TLSv1.2 with cipher ECDHE-RSA-AES256-GCM-SHA384 (256/256 bits)) (No client certificate requested) by finch.gentoo.org (Postfix) with ESMTPS id 5A892139085 for ; Mon, 16 Jan 2017 18:25:20 +0000 (UTC) Received: from pigeon.gentoo.org (localhost [127.0.0.1]) by pigeon.gentoo.org (Postfix) with SMTP id A561721C0CC; Mon, 16 Jan 2017 18:25:19 +0000 (UTC) Received: from mail-ot0-x235.google.com (mail-ot0-x235.google.com [IPv6:2607:f8b0:4003:c0f::235]) (using TLSv1.2 with cipher ECDHE-RSA-AES256-GCM-SHA384 (256/256 bits)) (No client certificate requested) by pigeon.gentoo.org (Postfix) with ESMTPS id 7202321C0CA for ; Mon, 16 Jan 2017 18:25:19 +0000 (UTC) Received: by mail-ot0-x235.google.com with SMTP id 73so48196035otj.0 for ; Mon, 16 Jan 2017 10:25:19 -0800 (PST) DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=scriptkitty-com.20150623.gappssmtp.com; s=20150623; h=mime-version:sender:in-reply-to:references:from:date:message-id :subject:to; bh=6uwO/0VQbDcN0C5qHPiwSTwseU01EziGGlGjNLL7DMg=; b=V3DLmFReBuBu+MWck0eDT+R0quBs3HO4zIXGpp4YqlkvjZc4Y0+nY4qi8+cNi1SyJC FdXjneaG6Pj5twC8kMQZq6BWFaR375npsjOy0P7V38Ps9gP/g8/1nEDFnzExo17SEzd4 qjr0BkfyLI5d/XYRhXBW1hxEpklg0TBtY9NGyKYcv+sQNp/jgpbTLKYqpkw7n2yGo3mr YCveTSI01YVQNqnHKsutqtB8isKCIwDLmtTTcKLN/aMtikerbI31eFdoM3bvAeC4kBru dGRguxqSfcryXyPXq5Y6gvhQTI9JQVgVlvOFpMlb9v0L0IZtf46Rss2h3eLVsIx0uN5l wlcQ== X-Google-DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=1e100.net; s=20161025; h=x-gm-message-state:mime-version:sender:in-reply-to:references:from :date:message-id:subject:to; bh=6uwO/0VQbDcN0C5qHPiwSTwseU01EziGGlGjNLL7DMg=; b=YU91eqZDqKFvJbPFEyus2Up+5sFQc7fcYbI96Pdm4/4ORacZ+IycaKjl/qZJ0+NFPw 42DmGZjS0LXwue4+39sC+GHxI5TTBIYF27f8mrQEbXtTMFzr87GbNUUXAxt75+aZ4C42 fCoCXm2xIlIj+X2VdXY75HzuFBqpADuPhfTAItkfIgWkVTiQ7a2LgKn5g09qdodoCUwJ VeSc6A4wUg0+yRGw17UBT6WKtiMzEuOBbD4Hd2sRwGzjYB0vgkNmuIH+sU9s2aIMyKcW fHldlyZn7299XsabBOaKClQL50P8QkTo3Svzu93iebWB7Xtw2+ZypOpTxV4PW+SSeS7V eTlA== X-Gm-Message-State: AIkVDXLQ6KS5qpUBxtxQijm/aFksqH09eFw//9aBsbjUQ+/LHWpcxzsVBS8n3jXG5jU9HIhmDK7xQAm4K4pcTw== X-Received: by 10.157.53.67 with SMTP id l3mr3243879ote.57.1484591118642; Mon, 16 Jan 2017 10:25:18 -0800 (PST) Precedence: bulk List-Post: List-Help: List-Unsubscribe: List-Subscribe: List-Id: Gentoo Project discussion list X-BeenThere: gentoo-project@lists.gentoo.org Reply-To: gentoo-project@lists.gentoo.org MIME-Version: 1.0 Sender: antarus@scriptkitty.com Received: by 10.182.156.15 with HTTP; Mon, 16 Jan 2017 10:25:18 -0800 (PST) X-Originating-IP: [50.184.239.68] In-Reply-To: References: <1604622.bZRWYHrp25@pinacolada> From: Alec Warner Date: Mon, 16 Jan 2017 10:25:18 -0800 X-Google-Sender-Auth: 6XLB_VcYpWZyRFYCu_iljzW3bYs Message-ID: Subject: Re: [gentoo-project] Formally have Council oversee the Foundation 2.0 To: gentoo-project Content-Type: multipart/alternative; boundary=001a113d7c464387d205463a4e38 X-Archives-Salt: 2174d057-a17c-4fbc-89e8-27e788228c1a X-Archives-Hash: f4e7d40f6ee2a4daea01a1b25398ac7c --001a113d7c464387d205463a4e38 Content-Type: text/plain; charset=UTF-8 On Mon, Jan 16, 2017 at 10:19 AM, Rich Freeman wrote: > On Mon, Jan 16, 2017 at 1:13 PM, Dale wrote: > > Rich Freeman wrote: > >> On Mon, Jan 16, 2017 at 12:35 PM, William L. Thomson Jr. > >> wrote: > >>> On Monday, January 16, 2017 11:56:43 AM EST Rich Freeman wrote: > >>>> And nobody really has a choice about whether they'll handle lawsuits. > >>>> If you own property, then you better have a plan for handling > >>>> lawsuits. I suspect that SPI has thought this through a bit more than > >>>> we have historically. > >>> The SPI is not a legal management entity. You are confusing fiscal > with legal. > >>> > >> Again, I think you're thinking I'm saying I'm not. > >> > >> I'm not saying that the Gentoo Foundation should retain the legal > >> services of SPI. I'm saying that they should turn over their property > >> to SPI and cease to exist. At that point we don't need legal > >> services, because we legally don't exist. > > > > > > I have been looking at the SPI website, other than managing money and > > controlling assets, SPI does not appear to do anything else management > > wise. Do you have a link to the SPI website that says it does what you > > claim? > > I don't claim that SPI does anything other than manage money or assets. > > > > >>>> In any case, the point is that if Gentoo moves under SPI then there > >>>> would be no "Gentoo" to sue. "Gentoo" would be a trademark of SPI. > >>>> Any copyrights on our works that are held centrally would belong to > >>>> SPI. Our money would be stored in SPI bank accounts. So, if you want > >>>> our stuff, you have to sue SPI. > >>> Completely WRONG! > >>> > >>> "Project Independence > >>> SPI does not own, govern or control the associated projects." > >>> http://www.spi-inc.org/projects/relationship/ > >> They wouldn't own the project. They would own our assets. They > >> wouldn't control anything. > >> > > > > They would own the assets but I have found nothing that says Gentoo > > can't be sued still or that SPI would provide a defense for Gentoo. The > > only case I can think of, if the IRS comes after Gentoo and SPI is > > handling the money and paperwork. Then SPI would step in. > > > > How would somebody sue "Gentoo" when Gentoo is just a trademark of > SPI? There would be no legal entity called Gentoo to sue. That's the > whole point. If somebody wants to sue SPI then that becomes SPI's > problem, though obviously as a project we would cooperate with them to > minimize this risk. > A suit against "Gentoo" aka: https://www.gentoo.org/inside-gentoo/developers/ "A business partnership, a nonprofit organization, or a group of citizens can be parties in a lawsuit if the court accepts that group as representing 1 side of the dispute." But of course, IANAL ;) -A > > -- > Rich > > --001a113d7c464387d205463a4e38 Content-Type: text/html; charset=UTF-8 Content-Transfer-Encoding: quoted-printable


On Mon, Jan 16, 2017 at 10:19 AM, Rich Freeman <rich0@gentoo.org>= ; wrote:
On Mon, Jan 16, 2017 at 1:13 PM, Dale <rdalek1967@gmail.com> wrote:
> Rich Freeman wrote:
>> On Mon, Jan 16, 2017 at 12:35 PM, William L. Thomson Jr.
>> <wlt-ml@o-sinc.com>= wrote:
>>> On Monday, January 16, 2017 11:56:43 AM EST Rich Freeman wrote= :
>>>> And nobody really has a choice about whether they'll h= andle lawsuits.
>>>> If you own property, then you better have a plan for handl= ing
>>>> lawsuits.=C2=A0 I suspect that SPI has thought this throug= h a bit more than
>>>> we have historically.
>>> The SPI is not a legal management entity. You are confusing fi= scal with legal.
>>>
>> Again, I think you're thinking I'm saying I'm not.
>>
>> I'm not saying that the Gentoo Foundation should retain the le= gal
>> services of SPI.=C2=A0 I'm saying that they should turn over t= heir property
>> to SPI and cease to exist.=C2=A0 At that point we don't need l= egal
>> services, because we legally don't exist.
>
>
> I have been looking at the SPI website, other than managing money and<= br> > controlling assets, SPI does not appear to do anything else management=
> wise.=C2=A0 Do you have a link to the SPI website that says it does wh= at you
> claim?

I don't claim that SPI does anything other than manage money or = assets.

>
>>>> In any case, the point is that if Gentoo moves under SPI t= hen there
>>>> would be no "Gentoo" to sue.=C2=A0 "Gentoo&= quot; would be a trademark of SPI.
>>>> Any copyrights on our works that are held centrally would = belong to
>>>> SPI.=C2=A0 Our money would be stored in SPI bank accounts.= =C2=A0 So, if you want
>>>> our stuff, you have to sue SPI.
>>> Completely WRONG!
>>>
>>> "Project Independence
>>> SPI does not own, govern or control the associated projects.&q= uot;
>>> http://www.spi-inc.org/projects/rela= tionship/
>> They wouldn't own the project.=C2=A0 They would own our assets= .=C2=A0 They
>> wouldn't control anything.
>>
>
> They would own the assets but I have found nothing that says Gentoo > can't be sued still or that SPI would provide a defense for Gentoo= .=C2=A0 The
> only case I can think of, if the IRS comes after Gentoo and SPI is
> handling the money and paperwork.=C2=A0 Then SPI would step in.
>

How would somebody sue "Gentoo" when Gentoo is just a trad= emark of
SPI?=C2=A0 There would be no legal entity called Gentoo to sue.=C2=A0 That&= #39;s the
whole point.=C2=A0 If somebody wants to sue SPI then that becomes SPI's=
problem, though obviously as a project we would cooperate with them to
minimize this risk.

A suit against &quo= t;Gentoo" aka:=C2=A0https://www.gentoo.org/inside-gentoo/developers/
<= br>
"A business partnership, a nonprofit organization, or a group= of citizens can be parties in a lawsuit if the court accepts that group as= representing 1 side of the dispute."

But of course, IANAL ;)
-A
=C2=A0

--
Rich


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