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 53073139085 for ; Mon, 16 Jan 2017 18:58:22 +0000 (UTC) Received: from pigeon.gentoo.org (localhost [127.0.0.1]) by pigeon.gentoo.org (Postfix) with SMTP id 9061A21C0DF; Mon, 16 Jan 2017 18:58:21 +0000 (UTC) Received: from mail-qt0-x243.google.com (mail-qt0-x243.google.com [IPv6:2607:f8b0:400d:c0d::243]) (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 6313C21C0B9 for ; Mon, 16 Jan 2017 18:58:21 +0000 (UTC) Received: by mail-qt0-x243.google.com with SMTP id f4so15979348qte.2 for ; Mon, 16 Jan 2017 10:58:21 -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=pujMbLVhc/uyO+3ThDOXa9w6N9FdFuZcJvDVGLoZtc4=; b=YxQGDwLH3BhKYoo/wWOJlZliEOKvz++e+40aKItqZEfyI8tJU2rtsKkuxciB3/BaCY mIegZwI8zI0RLpsaD8TjYhQHT9Y7skyndJuUfPH9op7lPDwgdNbahh9HrSeRPS3kjw3e Wd6QG9lkD/iPgbltJZ/djaOCGGHMKbnOBpgK5DcCsmzLHQLy0BDyC/BBc9iRfbe0QDmV yHkXvyrEfIRcyRJo90xogK/02QXqSBaRx/kPbGol9j453xDBNsph3DDokvzE6pHavuGr bgW5KivaQVoLfcinEuaUuP9cwBuf7zvqMHUeKcLAMnvS1XCyY7hI4dFxZsGu9T/uR158 kVGg== 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=pujMbLVhc/uyO+3ThDOXa9w6N9FdFuZcJvDVGLoZtc4=; b=q3OVec3xbgiv+JId2Kxwl3c09flh1+7VK2yTXWgiW4wJdapuUKtUNdht2kpRrslCLg 2EBfne2BqD41L6nlA6pF2BmZ1ShnFIHCS/Dsk1wSDub15o0lTWVXLBuel7ctukVIX2lI McGjM1yaI82uSQI7DjxIgghqSeBjNgsXItY5D5tJeowOu9PFbvd4bAHl/uDJlGsvT2WC AeIcPynyoASfrb3izQ5lQBszQffee6gYT+USfjk+wzved9/9tg3vTswd4iCKoOStM+98 4mp3kk28i8rMkMApT3fP+fQCsYT65K01fq+ZMQLVrdchapFEjS28/OO4zPZyx71Rr2cy BWkA== X-Gm-Message-State: AIkVDXLsbfsEslk0q8fPYaGuzHP+vBcrNYQVg4V4lBGJ7GN2zNBXylGoeNBvfPZGCHgfgpPtzSIKXmrGePrm/g== X-Received: by 10.55.161.212 with SMTP id k203mr34973939qke.234.1484593100492; Mon, 16 Jan 2017 10:58:20 -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 10:58:19 -0800 (PST) In-Reply-To: References: <1604622.bZRWYHrp25@pinacolada> From: Rich Freeman Date: Mon, 16 Jan 2017 13:58:19 -0500 X-Google-Sender-Auth: OcWB_3S1--AF8A2oGOE-zwizRa8 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: 24825d8e-0930-4ee0-8594-98547240f3e0 X-Archives-Hash: 5b7f46c9fd87efcd478130e725f1b0a7 On Mon, Jan 16, 2017 at 1:46 PM, Dale wrote: > > > That's my thinking as well. If SPI can't be sued, then Gentoo or the top > people still in and running Gentoo would be sued. Of course SPI can be sued. If I want to sue SPI all I need to do is go down to a courtroom and file some papers and pay a filing fee. That's what suing somebody is. Now, if I don't have a reasonable grounds for the lawsuit it might be quickly dismissed. Nobody could sue "Gentoo" under the SPI model because "Gentoo" would not be a legal entity. They could certainly sue the "top people" in it, as they can today. > Let's say a dev did something that caused a lawsuit, say violated a > copyright or something of that nature. Why would SPI defend that when SPI > has no control over what the dev did? If SPI was named in the lawsuit they would defend themselves. If they weren't named in the lawsuit they wouldn't do anything. If the Gentoo project (that is, a loose association of Gentoo developers who have no legal existence) told SPI to pay their legal bills using Gentoo's money, then they probably would do so. > The legal council they have seems to be used to keep SPI legal not > the groups underneath them. Certainly, but that is all that is needed. > If a distro, whether it is Debian, Gentoo or > someone else, violates someone else or breaks the law, they would have to > defend themselves. Certainly, though "Debian" is not a legal entity, so it has no need to defend itself from a lawsuit, because you can't sue "Debian." Some individuals associated with Debian could be sued, and they would have to defend themselves from the lawsuit. However, they could only be sued for things they're personally responsible for. If somebody wanted to sue "Debian" they would probably sue SPI, because that is who is holding all of Debian's money. Presumably SPI operates in such a manner as to make it hard to get it. -- Rich