Hi Guys,
On Saturday 25 April 2020 13:35:59 William Morder via trinity-users
wrote:
On Saturday 25 April 2020 04:04:09 deloptes wrote:
Slávek Banko wrote:
Hi Nik, all,
I dare to disagree with a number of opinions.
Tim founded the project, Tim was its leader, Tim agreed to hand
over the role of project leader. As far as I know, there is no
registered trademark for which Tim would be its holder.
Therefore, I believe that there is no reason to claim that only
Tim is the legal holder for project. Tim, as an ordinary
natural person, handed over the role of project leader, so I
don't find a reason to call it a fork.
Similar to your opinion that only Tim is legal to accept
donations. Tim is only a natural person and so far he accepts
donations as a natural person on some of his account. He is not
an organization. He is the founder of the project. A project
for which other natural persons have taken responsibility for
its continuation.
I do not agree that the only way for a TDE project to accept
donations and manage funds is to create our own organization.
Obviously, there are at least two possible variants:
1. Create our own organization and take responsibility for all
legal matters relating to the status of the organization.
2. Leave the project as a team and use a fiscal host. This is
the same principle as projects associated with organizations
such as the Freedom Software Conservancy, the Apache
Foundation, the Linux Foundation and also Open Collective.
As I see in the comments from others involved in the
discussion, for the creation of our own organization, some
claim that it is quite simple, others claim that there are many
problem points - the choice of continent, country, state,
legislation,... so a lot of problems. Do you really want to
deal with that? In addition, do you really want to deal with
the fact that it will then be necessary to monitor changes in
the legislation of a selected country so that the organization
does not neglect any new regulations of the law? Who would want
to do that?
Because it is important for us to work on a project and not to
deal with legal matters, bookkeeping, and so on, the option
with a fiscal host seems to me to be definitely more
advantageous.
Hi Slavek,
I understand the people here are discussing just in theory what
could be doable, where, how and when. It looks like many people
care about TDE and it might be the concern they have about the
future of TDE.
I let you explain if you wish how the future looks like, but may
be (I have not looked at the TDE page) there are all the details
explained (if not it is worth putting it down). I tend to
remember that replacement of Tim was publicly announced.
On the other hand I was looking with some friends into the
regulations regarding NGOs in Austria fiew years ago, and they
are really appealing. It is almost no cost and offers benefits if
you want to get funds, do charity or support an idea.
Originally the thread was about T-shirts and pollos and they
started looking into how such things (for example your favorite
coffee mug) can be sold and support TDE. This is not a bad idea
at all, if someone wants to do the administrative part.
For example it can be that Nic takes the responsibility to do the
paper work in Austria and someone else (Thiery) organizes the
shirts and whatever.
I think it should be clear, that nither you nor whoever from the
developers and the people working on the project can and want to
spend time on such activities.
In any case it is interesting to read.
Ideally, out of respect to those readers who want to be about ONLY
TDE-Trinity technical matters (and NOTHING MORE): We really ought
to have something like a forum, where such matters can be given
free rein, without annoying them who don't want to read our
dreaming and scheming. Readers can just skim over the threads, and
choose what to read, or not. When it's like this, where everything
gets sent out to the mailing list, and annoys some of the
subscribers, well that's just not good for anybody concerned. But
so this is where we are, and we can try to deal with it. Apologies
to all who take offense; what follows is both verbose and prolix,
and moreover, uses too many words.
Myself, I would agree that less involvement with the business side
of matters is definitely preferable. Who, after all, wants to keep
the accounts, pay for servers, hosting, etc.? However, somebody
does something now, or we wouldn't be here; so it seems to me that
it is rather a question of how to bring it all out into the open,
allowing members to get involved, if they have something to
contribute in the way of resource, skills, background, knowledge,
or useful business/legal connections. I do not want to see TDE
taken over by a gang of Suits, who only see it from the point of
view of business; I believe any business or legal arrangements
ought to serve the collective interests of furthering development
of the Trinity desktop, rather than TDE serving business or similar
interests in profit or whatever.
However, to take only the matter of branding: If TDE is to be
circulated and promoted along side other desktops, gets included in
the mainstream repositories such as Debian, Ubuntu, etc., then we
will eventually be forced to establish copyright over logos, and
any other unique details of design, and so on. This means that we
will need at least some involvement in the dirty world of business.
Otherwise, we create polo shirts and coffee mugs and mouse mats:
but for what purpose, except to raise a little money, to keep
development going forward, to ensure that TDE will still be
available in the future, so that we all don't end up being forced
to use ... ? some other desktop?
If I recall, Mozilla (for example) is, or used to be, a non-profit
organization. Just because a business is set up as a non-profit
doesn't mean that they cannot make money; it just means that the
nature of their business aims primarily at a public good, or a
service to community. Some non-profit businesses in the US can make
BILLIONS of dollars (e.g., hospitals and such); so much so, that
the notion of "non-profit" seems rather like a word-game, that it
is really just a trick to avoid taxes, and meanwhile the smaller
non-profit businesses are sometimes overburdened with paperwork.
In any case, there is no point in creating T-shirts, or any other
items with TDE logo, name, catch-phrases, etc., if we do not
consider these matters of branding and copyright. We might recall
that Mozilla got all upset not so much that other people forked
their project to create Seamonkey, Iceweasel, Icecat, etc.; but
rather that they wanted changes in both name and logos. It was a
conflict over branding and who owns the logos and names. And to
take care of those matters, we will need some sort of legal
framework and business structure; as well as a name, a place, and
local address to call home, where mail gets sent, and so on. That
can be a post office box, and whoever collects the mail can also
keep the books, so long as there are some guidelines.
And I agree with Nik that it seems best to avoid US jurisdictions,
if possible. (I hear, through the grapevine, that Delaware is a
good state to incorporate for businesses; I don't know if it is
preferable for non-profits, but the information can be found.) In
any case, we might think hard before establishing business in the
US. Wait until the dust settles from all the weirdness going on
here in the States ... say, another 20 or 30 years? ... before
putting down roots here in the US, and our states might not be
called "united" by that time. Moreover, legislators have very
little understanding of their computers and smartphones actually
work: witness the controversies over encryption and such.
But then, so we decide (for example) to keep it as simple as
possible, to use a fiscal host (as Slavek recommends). Now let's
say that somebody in Germany has set up an operation to manufacture
and sell T-shirts and polo shirts; another person, in France, is
creating coffee mugs, some others in Russia have made TDE mouse
mats; and meanwhile we have people in the US who want to buy these
items, or otherwise contribute some money to the cause. How do we
establish our name, slogans or catch-phrases, any kind of design
copyright, unless we have some kind of legal framework, business
structure, and a local address in some nation or other? Moreover,
when these cottage industries manufacture TDE swag, how do we
funnel the extra funds (above basic expenses) into an account where
it may be used to further the development of TDE? Or shall we
expect that these various operations will just hand it over out of
the goodness of their hearts? What if they decide unilaterally to
change something in design of TDE logo, name, slogans, etc.? for
example, to promote a private agenda (political, religious, etc.),
or if their products are just plain crap, and an embarrassment to
the rest of us?
All of these issues imply the need of some kind of legal framework
and business structure. And I, out of everybody here, avoid that
stuff like the plague. Nothing kills creativity so fast as when,
for example, a group of Suits walk into a recording session; and I
don't imagine that the Suits are much different in any other kind
of creative work. But there it is. We need to have some kind of
place, a locale in the real world, and this means getting entangled
with local laws and government and business practices.
As for *where* might be most suitable for our needs? I don't know,
Switzerland? Belize? Grenada? the Bahamas? I hear that there are
some abandoned or unclaimed rigs off the coast of the UK and
Europe, and there is some spot of land that is not claimed by any
nation, somewhere in Eastern Europe, if I recall. We could wait and
hope that somebody discovers the mythical kingdom of Shambala ...
that's always a possibility.
Apologies for the length, but that's my rant.
Bill
Having run businesses for nearly 50 years, I understand where Bill is
coming from. With all the added legislation and rules, running any
kind of business is full of traps for the unwary. I would think long
and hard if that was something I wanted to do.
Whilst I am very willing to support TDE by buying goods or donating
money, but as soon as it becomes a commercial enterprise someone has
to be the legal entity.
--
Best Regards:
Baron
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