On 2011.08.19 07:50, Duncan wrote:
> Roy Bamford posted on Thu, 18 Aug 2011 17:41:15 +0100 as excerpted:
> 
[snip] 
> > Just as long as we can provide the patch sets for a period of at
> least
> > three years, in case someone asks.  Thats a GPL requirement.
> > 
> > Thats not to say the files need to be online but Gentoo needs to be
> able
> > to provide them on request.
> 
[snip]
> I know I didn't follow up to ensure it was done.  I hope someone did. 

> FWIW, the legal responsibility would (AFAIK) fall on the foundation,
> so it would presumably be their job to ensure this was done, and 
> from that  point, that previous media were taken down in a timely 
> manner so as not to get Gentoo in that situation once again.

[snip]
> -- 
> Duncan - List replies preferred.   No HTML msgs.
> "Every nonfree program has a lord, a master --
> and if you use the program, he is your master."  Richard Stallman
> 
That's a very interesting point.

As far as I am aware, under the current organisation there is no legal 
connection between the Gentoo Foundation Inc., and the Gentoo 
distribution.

The Foundation is a legally constituted NFP, registered in New Mexico.  
Gentoo the distro, has no legal body status at all, anywhere in the 
world.

You could make an argument that the Foundation 'owns' Gentoo as the 
Gentoo produced codebase is copyright the Gentoo Foundation Inc. 
However ownership is irrelevant. It does not confer control.
Control rests with the council, who have no legal ties to the 
Foundation.

Think of it as in this example.  A member of the English aristocracy 
owns a Rolls Royce.  It is kept in a garage at chauffeurs cottage so 
the chauffeur is the registered keeper of the car.

One day, the car driven by the chauffeur is involved in a accident and
someone is killed.  Who is prosecuted for the death, the owner or the 
chauffeur?
Well, the owner was clearly not in control (he wasn't driving). 

The total separation of 'ownership' and 'control' of Gentoo is 
fundamentally broken for the same reasons.  Enough of it here, its an 
active thread on  -project just now.
  
-- 
Regards,

Roy Bamford
(Neddyseagoon) a member of
elections
gentoo-ops
forum-mods
trustees

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