On Wed, 2009-06-24 at 09:30 -0700, Zach Welch wrote:
[snip] 
> To reiterate, I am now no longer willing to accept offers to do the work
> that I actually need to survive, to demonstrate that my motives here
> have no profit in them anymore.  All previous offers for me to do paid
> work are now off the table, until all hostilities from the community
> have been ameliorated.  I hope this action helps resolve some tensions.

Okay, with Dominic's encouragement, let me strike the above and replace
it with something of much clearer intent -- and beneficial to the entire
OpenOCD and free software communities.  Happily, this also saves me from
shooting my career in the foot.

"""
I hereby commit myself to donating all profits recovered in the pursuit
of OpenOCD GPL violations on my behalf to a non-profit.  I would prefer
that the community create The OpenOCD Foundation to receive such funds
and manage them along with the copyrights and trademarks on behalf the
open source and free software communities.  Should forming this type of
organization haven proven intractable, I want any recovered monies to
fund the Free Software Foundation instead.
"""

I have prepared a proposal to create The OpenOCD Foundation, which I can
post in a new thread.  It has been sitting in my Drafts box for weeks,
prepared to be pitched to the community if the need arose.  I would like
to introduce it fully in the next day or two, after adjusting it to
account for recent events, discussions, and pending community feedback.

The arguments for such formal organization are indicated above:
violation money comes from copyright violations, which can only be
enforced by copyright holders.  We have now seen this can turn into a
real nightmare when it comes to taking action, simply by discussing a
possible exception to the license.  Can you imagine what would happen if
anyone of us tried to sue each others customers for violations; even if
those suits turned out to be frivolous, it would be a PITA to sort out
for the community.  Traumatic would not even begin to describe it.

Without such a formal organization, I fear that too many stakeholders
will be involved for the community to take decisive actions when they
are required to defend the project's IP.  From what I understand, a lack
of rights-holder unity may hinder or derail some types of enforcement
efforts in the future.

Collective IP is an area where things become less clear to me. I know
how to exercise my own rights as an individual far better than those of
a project as a whole.  Anyone else have insight?   In any event, a
foundation _is_ an individual, legally speaking, which is why the
_legal_ issues are so much easier.  Decisions... well, those will still
be hard and should be community driven.  

With a non-profit means of contributing support (i.e. tax-deductable),
the community could use money to buy new targets for developers -- and
much more.  I have  laid out the benefits in fairly comprehensive vision
based on my past experience in the area of non-profit entities, but my
ideas need the community's input and support to succeed.

Without biasing the community further than this, what would you expect
from such an entity? As a user? Developer? Contributor? Vendor? Founder?

Please provide feedback to this thread.

Cheers,

Zach

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