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 0C66F139085 for ; Mon, 16 Jan 2017 18:52:34 +0000 (UTC) Received: from pigeon.gentoo.org (localhost [127.0.0.1]) by pigeon.gentoo.org (Postfix) with SMTP id EA1AF21C130; Mon, 16 Jan 2017 18:52:31 +0000 (UTC) Received: from mail-qt0-x241.google.com (mail-qt0-x241.google.com [IPv6:2607:f8b0:400d:c0d::241]) (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 B726921C12C for ; Mon, 16 Jan 2017 18:52:31 +0000 (UTC) Received: by mail-qt0-x241.google.com with SMTP id a29so15948907qtb.1 for ; Mon, 16 Jan 2017 10:52:31 -0800 (PST) DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=gmail.com; s=20161025; h=mime-version:sender:in-reply-to:references:from:date:message-id :subject:to; bh=3tFK22asyl3gig41YP/hrnvVMCjNv86zYP6GNhYJl/k=; b=A8i61Schj49ak6lVHH3LYiU6umT+h4FSr+HVbJK246c3Xbpv7+wVzMDkg7aLAEkvqO h8mLYCGhDEUJvOJEvtQZMLrah19rY51J4mzucEKRjHE9C/mb20NVKY4uvfCk14Zayz6I V6NQt90wVGe6AvkvCUoX50u3kGrCP7mANOOvUaVc5bCWsrJWUemfrDxNqtqPQxzPiDd1 a1LgZh1xPbQ8rWefIajuhimixYPH9hmoiFV4OYji0u0cGNv8/ZH+yuPNbTbgCXCCXmxS mMoBpps2HRFmotHHzRmBBNtZeSJccwgWGYvgpZgqwsnT7mUygbIyh68bdsluqDKz9VAO l22Q== 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=3tFK22asyl3gig41YP/hrnvVMCjNv86zYP6GNhYJl/k=; b=tEMibBh7PaLV8QYkP3C2tvJMSlGpJzwExrNZ50BXZ/GF155RZsuIOZe7CKqhQ9ahAp yUhZ1BHczWBGLPe8/fZ6P35U7KQm1Um1/9IwF+hGDvfL1hw5bBREVKzFdnkTDtpjuVAT VBjzlRln1wr5f+1sqRuHgXkZxsStjpocjDo6zq3k+3VxiTqMtKlElewn03izQX3THwBW uaaXx671CZt5oelnCQNdGHpenYswhjclqM+4nqlgmHlk6HwEYFX/3sxrpqgWLPjVGyo+ MRS7jR92tRJhB0vuP+zNVMHxqVD1ZoCKnHz4Q1kQl1ZapzgLQtFq4y7Cq8ANWOv3zxfU 6Fyw== X-Gm-Message-State: AIkVDXIE7TAl2/WLSL4FIiv26V2t7Pr3bvV2PkPpWbUoqJZSyrWwxQHXPDmi9GjXOpdembTKqTg6FIB5+Dhcyg== X-Received: by 10.55.161.212 with SMTP id k203mr34953288qke.234.1484592750739; Mon, 16 Jan 2017 10:52:30 -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: freemanrich@gmail.com Received: by 10.140.16.132 with HTTP; Mon, 16 Jan 2017 10:52:29 -0800 (PST) In-Reply-To: <5833447b-2b8d-ee71-5faa-2133b709f5d6@gmail.com> References: <1604622.bZRWYHrp25@pinacolada> <5833447b-2b8d-ee71-5faa-2133b709f5d6@gmail.com> From: Rich Freeman Date: Mon, 16 Jan 2017 13:52:29 -0500 X-Google-Sender-Auth: 7O3gtRET8eemz4xyg97e_b2Gl_g Message-ID: Subject: Re: [gentoo-project] Formally have Council oversee the Foundation 2.0 To: gentoo-project@lists.gentoo.org Content-Type: text/plain; charset=UTF-8 X-Archives-Salt: afe19428-f23f-4807-93d3-f59d8364b610 X-Archives-Hash: 84a3a7562fef55b105437f217ccff595 On Mon, Jan 16, 2017 at 1:43 PM, Dale wrote: > Rich Freeman wrote: >> I don't claim that SPI does anything other than manage money or assets. >> > > Based on your posts, you are. Perhaps my posts were not correctly worded then. I do not intend to claim that SPI does anything other than hold money and assets, and utilize them as we direct. > SPI may handle the assets, the financial > paperwork and such but that does not mean that if a Gentoo dev, officers > or anyone else on the behalf of or within Gentoo violates the law that > Gentoo can't be sued. It would only mean that they would drop down one > level and sue that. There wouldn't be any Gentoo officers, since Gentoo would not be a legal entity. Now, Gentoo developers can certainly be sued, and so can you, and so can everybody else on planet earth. So, don't do anything illegal. :) The risks are pretty low though if all you're doing is donating code. What possible cause of action could somebody have against you for writing code? >> 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. >> > > So, you are saying that Gentoo would no longer have any officers, > trustees, board members, devs or anything else of that nature? As long > as Gentoo has any of that, it can be sued. I'm not a lawyer either but > browsing around on the SPI website, I see nothing that supports your > claim that Gentoo can't be sued. Gentoo would have developers, and that is it. However, legally a Gentoo developer doesn't have any meaning. We're just individuals who donate our time to the project. Sure, I can be sued as a Gentoo developer. However, that isn't "Gentoo" being sued, that is "Rich Freeman" being sued. Maybe Gentoo might help me out with my legal bills, and maybe not, but Gentoo does not in general indemnify its developers. Since I'm an officer of the Foundation I would be protected in that regard, for whatever such protection ends up being worth. Honestly, if somebody is concerned about getting sued they're probably best off getting a personal insurance policy from a company that issues such things and is in a position to make good on their promises. Nothing can be done to prevent anybody from suing anybody for anything in the US. You can't legally prevent lawsuits in the US. All you can do is make sure you're in a position to win them. -- Rich