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Date:      Mon, 03 Apr 1995 16:06:02 -0700
From:      "Jordan K. Hubbard" <jkh@freefall.cdrom.com>
To:        Julian Howard Stacey <jhs@regent.e-technik.tu-muenchen.de>
Cc:        Christoph Kukulies <kuku@gilberto.physik.rwth-aachen.de>, rgrimes@gndrsh.aac.dev.com (Rodney W. Grimes), freebsd-hackers@freefall.cdrom.com (user alias)
Subject:   Re: The FreeBSD trademark. 
Message-ID:  <22888.796950362@freefall.cdrom.com>
In-Reply-To: Your message of "Sun, 02 Apr 95 23:58:23 %2B0200." <199504022158.XAA27382@vector.eikon.e-technik.tu-muenchen.de> 

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> > From: "Jordan K. Hubbard" <jkh@freefall.cdrom.com>
> > but since we'll be governed by US laws
>       ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 
> You may choose to be be governed by US Laws, 
> but do NOT include me in your choice !

Sigh..  Why is it that Julian can always be counted to come lunging
out of his corner, foam spraying from his jaws, whenever this subject
comes up? :-)

Proper CONTEXT, Julian: "..but since we'll be governed by US laws.."
was in a paragraph talking about the FreeBSD Project, Inc.  The
COMPANY thus created, non-profit or no, has to be registered in SOME
country, yes?  It also follows that "we", we being the Project Inc,
will be bound by the *corporate laws* of the country in which the
project is incorporated.  For that matter, we'll be further bound by
the *state laws* of whichever state we incorporate in, which is why
many companies incorporate in the state of Delaware.

And don't tell me that it's less complicated in Germany or the
U.K. because it sure as hell isn't!  It's just different..
Beurocracies are universally evil to deal with and unless you're
contemplating some new orbital country of your own, I don't see this
problem going away.


> 	Making an Incorporation in the USA will not protect active FreeBSD
>   	individuals here in Germany, just as my Limited Company in England 
> 	does not really protect my professional activities for the company
> 	here in Germany.  (that being a simplified summary)

The incorporation of the project is not about protecting individual
contributors.  It's not possible for even large companies to do that
very effectively, so I'm hardly going to try and open that large an
umbrella of our own.  Again, the people being protected are the *board
members* of the FreeBSD Project, those seen as being "primarily
responsible".  Since you're not going to BE on the board, it's hardly
your worry now is it? :-)

> This usurps the rights, authority etc of the global FreeBSD community,
> Let's at least test this with a Formal Ballot first.

WHAT authority?  "The global FreeBSD community" is not an organized
body with whom I could negotiate even if I wanted to.  They're free to
help elect board members for the FreeBSD Project, Inc. when the time
comes, but that's much further down the road.  I would further expect
them to elect on the basis of DEMONSTRATED DEDICATION TO THE PROJECT,
not on politics or some sort of bloated EEC model where each country
gets a certain number of representatives whether it deserves them or
not! :-)

> We non Americans can't vote for the US government, so
> I do Not accept the exporting of USA laws beyond USA national boundaries.

Nobody ever suggested any such thing.  Truly, you're going rather far
out with all of this here.  Has someone switched your coffee for some
hallucinogenic substance that also causes intense paranoia as a
side-effect? :-)

> No one asked for info on how to set up a company elsewhere than the USA,
> (I know how to for England & Wales, I bet others know for their countries).

*Sigh*..  Julian, you're thinking with some portion of your viscera again
and not your brain.  THINK ABOUT WHAT YOU'RE SAYING, PLEASE!

1. More of the core team members are in the U.S. than anywhere else.

2. Walnut Creek CDROM is the perfect place to rent out space, considering
   that we'd pay little or no rent!  We also get a T1 line, FAX machines,
   24 hour staffed operator, etc.  You know what we'd have to PAY to get all
   of this?  I'd much rather use the project's money for funding the PROJECT,
   not tossing it profigately away for infrastructure support, thank you!

3. All of this is easily negotiated.  Sure, I could probably find another
   "sponsor" in Wales someplace, but could they give me the same services
   for the same price?  Unlikely, and why should I bother spending all kinds
   of time negotiating with a completely new set of people when I've already
   worked out 90% of the arrangement *RIGHT HERE*?

4. Some 4-5 members of the FreeBSD core team are or will be shortly
   RIGHT HERE.  David Greenman, the technical lead on this project, is
   less than 1 hour's flight time away.  If you can suggest a better
   evolving synergy anyplace else on earth, I'm all ears..

Truly, I would consider it grounds for "impeachment" if I went so far
off my rocker that I started inventing "make work" like this for
myself when there's so much else to do for 2.1.  Personally?  I'd
rather put the project headquarters in Strasbourg, France since I
happen to LOVE that city and would live there in a second.  But would
it make any sense?  None at all..

Sorry, Julian, but this is where it's all happening and where the best
infrastructure exists.  We've got high speed Internet connectivity, a
convergence of all the key people & the high-level support of Walnut
Creek CDROM.  There's no reason to spit in the soup because you don't
like the country it's being cooked in!

					Jordan



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