* Mark Wielaard <[email protected]> [2019-11-02 02:21]: > On Fri, Nov 01, 2019 at 07:09:46PM +0100, Andreas Enge wrote: > > The FSF is also a charity collecting donations and running servers and so on > > for GNU, so it is very practical indeed. The latter could maybe move to GNU > > proper, with the former needing to remain at the FSF, as well as legal > > matters. > > Just a technicality, but only the FSF can hold resources as a legal > entity. They hold those resources and provide oversight of the use of > those resources for the GNU community volunteers by maintaining lists > of people who can use those resources. Since GNU itself is not a legal > entity it cannot own servers, employ administators, hold copyrights, > trademarks, make financial transactions, etc.
Legally it can. Group of people need not be incorporated into a legal entity to own servers. EIN number may be obtained by organizations which is not legal entity. But if non-profit status is wanted then one need to form legal entity. To employ administrators anyone can do. To hold copyrights it can be done as group or partnership without legal entity. To hold trademarks too. To make financial transaction is also possible. Partnership which are not legal entities existed as form of organization long before the first legal entity was established. > So some things cannot move to GNU, unless we setup or use a > different legal entity. You can, just as I have explained. I do not say it has to be done that way, I say it is possible. For example one can form a trust which is in itself not a legal entity which holds all the property, employs people and does thing as said above. The only problem comes with the tax-free status which requires legal entity. All the activities you mentioned can be done without legal entity. Speaking from 18 years of experience in doing the same and from incorporating hundreds of various entities for people. Jean
