RE: [gentoo-trustees] FW: [gentoo-nfp] I met with my lawyer

["Daniel Robbins" <drobbins@gentoo.org>]

> I'd rather have everything on hold for a day or more while 
> you think out what the problems you have with the changes we 
> might be considering, instead of letting things start to boil 
> over with misunderstanding.

It is really not relevant whether or not I have a problem. My question is
one of principle -- if you decide to change the agreement, then am I also
allowed to change the agreement? "Yes," "no," or "it depends?"

If the answer is "it depends," then what criteria is used to decide what
parts of the agreement can be changed, and which party has the authority to
make the change? And what policy do we have (if any exists) for changes to
be made? These are all legitimate questions, and you (trustees) should be
able and willing to discuss these issues without feeling threatened.

Sorry for raising an unpleasant subject, but once an agreement becomes
fluid, it ceases to be an agreement, at least in my mind. If you don't want
to be a trade association, there's nothing stopping you from also ignoring
the plan for having developer-members. In fact, you can't have
developer-members with a federal charity since you can't place as much
restrictions on membership. What if I made a past commitment to have
developer-members to some Gentoo developers? Then this change from c6 to c3
would amount to me breaking a commitment to the development team. I
explained in my email (that I forwarded) that the proposal I outlined was an
attempt to balance _my_ various commitments. I went forward with the plan
because I viewed it as a way to meet my commitments and also allow a
positive future for Gentoo. The goal of the plan was not to pursue the best
interests of any one party (including Gentoo, otherwise part of the
agreement would have me working as a Gentoo slave for the rest of my life,)
but to find a healthy balance.

To get to the point, if we are treating our good faith agreement as a
contract, then typically you would require the agreement of all parties
(that would include me) to make the change. If we are not treating our good
faith agreement as a contract, then what is its signficance? Is it simply a
set of guidelines? Something in-between a set of guidelines and a contract?
A "best effort?" If so, then you shouldn't have a problem with me making
slight modifications to the guidelines as well so that they are more in my
interests without any need for explanation, right? 

If you represent Gentoo, and you are changing the agreement to be in the
best interests of Gentoo, then why can't I, as the other party in the
agreement, also make other changes to be in my best interests? Or are
Gentoo's interests more legitimate than my interests? I hope not.

I'd just like to know whether you view the email that I forwarded as an
agreement that we are all trying to follow in good faith, or a suggested
course of action that neither party is under any obligation to follow? Or
something in-between? I'd honestly like to know, and I'm asking this
question in an honest attempt to understand your expectations of me and what
expectations I should have of you. It's an attempt to get on the same page.

Regards,

Daniel


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