[tde-users] Re: How to achieve the legal status of the project?

On Fri February 19 2021 17:13:02 Slávek Banko via tde-users wrote: Maybe I shouldn't have numbered it at all instead of using 0. I was trying to explain that you had been using the word "legislation" but "legislation" doesn't mean a legal entity such as a nonprofit, "legislation" means laws. This "section 0" is not intended to offer another option. Like "section X" on liability it is a related issue but not another option. Quoting from their web site: "Your collective remains an unincorporated partnership. That means that you cannot use the Open Collective Europe ASBL non profit as the point of contact, billing address or legal entity responsible for your activities" This would appear to preclude using them for tax returns. The taxable entity would, it seems to me, be the unincorporated partnership, or the members thereof. The question you have to ask is why would SFC spend millions of dollars defending TDE? Linux, yes. Their donors have a vested interest in Linux and similar high profile projects. But their likely income from TDE wouldn't cover the cost of an attorney writing a letter - I've paid $730 for a simple half page letter - let alone litigating a case that could cost millions. Non-profits are not a big deal. There are probably thousands of them if you live in a big city. Everything from sports groups to model railroad clubs to amateur opera. You don't need an accountant or a lawyer unless you have employees or huge sums of money. Bookkeeping isn't much more than balancing a check book. You're not selling stuff so you don't even need Quickbooks or GnuCash. Quicken or KMyMoney is more than enough. The disclaimer is the first line of defense but it only disclaims warranty and only to the extent permitted by law. Even here in the US such a disclaimer does not protect against implied warranties. Consumer protections are stronger in the EU so warranty disclaimers give TDE less protection. If some large corporation sues TDE and claims that you deliberately or negligently harmed them pretty much your only practical defense is to give them your non-profit and all its assets and try to get the court to protect you and your assets. Nobody is going to donate a few million dollars for a legal defense fund unless you're as important and famous as Linux or Gnu. If you're not incorporated there is no defense. You may or may not have a house and car and savings now but you probably will have in the future and your significant other may not be pleased if they all disappear one day because some corporation decided to sue TDE. As it happens although my hobbies all involve nonprofit corporations my business does not. It is a sole proprietorship. However I carefully control who I sell my services to and none of them are likely to sue me. You have no control over who installs TDE. Royal Dutch Shell could install TDE, KMail could lose an email, Shell could lose millions, and they could come after you and the other developers personally unless you are incorporated. I am not a lawyer (although I've won issues on appeal in propria persona). I am not your lawyer. I am not TDE's lawyer. Nothing here is legal advice. My only advice to you is to consult a CZ lawyer - or trustworthy book - not to set up your nonprofit corporation but to help you decide whether you need one.