proposed agreement with the Software Freedom Conservancy

Brad Fuller bradallenfuller at yahoo.com
Wed Aug 15 02:45:19 UTC 2007


On Tue August 14 2007 5:27 pm, Craig Latta wrote:
> 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.

I was only pointing out what I felt were some things to address. You've 
commented on the major concerns, thanks. The committee is at an advantage in 
that you have had discussions with the SFC - you get to understand their 
motives firsthand. However, we on the outside have a distinct advantage in 
that we have only the word of the contract to review - and that's what you 
are signing, afterall.

I am, and I'm sure along with others are, appreciative of the committee's 
dedication and work getting this accomplished.

THANKS!

brad

brad



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