proposed agreement with the Software Freedom Conservancy

Craig Latta craig at netjam.org
Wed Aug 15 00:27:26 UTC 2007


Hi Brad--

> > They are only saying that, while they will spend money at the
> > direction of the project, they must, by law, have final authority on
> > how the money is spent. The Squeak leadership already asked them
> > about this specifically.
>
> They may have verbally said that...

     They said it in writing, too, via recital C and paragraph 2b.

> ...but that's not what they are saying in this section. They are
> clearly stating they retain the supreme right to spend the
> funds solely in their own judgement. It doesn't say they will spend
> the funds in concert and in collaboration with the Project's
> directors.
>
> What I'm saying is that it's advertised on the web that the Converancy
> is at the direction of the Project, but the contract clearly states
> the opposite.

     Brad, we disagree; I'm sorry. Furthermore, the agreement cannot be
reworded and still comply with US tax law. I am convinced that our
choices are to sign this agreement (whether with SFC or some other
entity), incorporate independently, or do nothing. We simply don't have
the time available to execute and maintain incorporation, and doing
nothing will leave us without access to tax-exempt donations. So, I
think we should do this. If we decide to incorporate later, we can.


     thanks again,

-C

--
Craig Latta
improvisational musical informaticist
www.netjam.org
Smalltalkers do: [:it | All with: Class, (And love: it)]




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