Mailinglist Archive: opensuse-foundation (70 mails)

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Re: [opensuse-foundation] legal form

On 01/28/2011 01:52 PM, jdd wrote:

* The legal form of the foundation is to be a German voluntary
association (wikipedia:Eingetragener_Verein).

I understand very well that this is much more handy than any other
system, given where most suse fellows are located

Just for the record. Having a German e.V. is the result of the boards
discussions. The argumentation for this is that the majority of
contributors to our project is German (European). We have discussed this
among ourselves but also have asked people with experience with FOSS
foundations (KDE, GNOME, the people on the freedesktop foundations list
like Dave Neary or Bradley M. Kuhn) and they also told us that if we
want a working foundation for our project that it better be in the
country with the most contributors.

but I'm not sure it's the better way to solve problems.
among others Linux problems are legal problems (see restricted
formats). It was said (I don't know if it's true) that the location of
Canonical on the Man island is one of the reason ubuntu is more easy
to deal with.

Can you be a bit more specific what you mean by "legal problems"? Are
you talking about problems with problematic licensed or patented
software like the various implementations of multimedia codecs, binary
kernel modules and things like these?

If you are talking about this problem then you won't solve it by the
location of the foundation. This will always be a matter of risk
assessment. Because you will engage in something where the law is way
behind reality and the law is constantly tested in court.
For a volunteer organization the only outcome of such a risk assessment
can be to stay as far away as possible from this.

The only real question you have to ask yourself is this: Do you want to
be part of an foundation that is in constant legal battle over software
patents and licenses?


Henne Vogelsang, openSUSE.
Everybody has a plan, until they get hit.
- Mike Tyson
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