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Re: [Debconf-team] TO status for DebCOnf15's legal entity



Hi,

Adding auditors to Cc, and quoting in full.

On 25/04/14 at 17:51 +0200, Richard Hartmann wrote:
> Dear Lucas,
> 
> there have been discussions about the status of the DebConf 15 legal
> entity and its status towards Debian.
> 
> The two points of contention are
> 
> a) handling Debian's money
> b) potentially carrying "Debian" in the name of said legal entity, as
> in "Debian Deutschland e.V." instead of "DebConf Deutschland e.V."
> 
> For a) there are precedents of trusting the local organisation.

Sure. But now that we have a process for establishing TOs, I'd rather
use it.

> For b), with my trademark team hat on, I don't see any issues even if
> the organisation does not become a TO. As Brian disagrees and Joe has
> not chimed in, we are tied within the trademark team as of right now.
> 
> We do not have the time for long deliberations as an option with the
> venue will lapse if we wait too long with signing contracts and as we
> need the legal entity as contractual partner.

What would be a suitable deadline for making a final decision and TO
status and name?

> Yet, I have become convinced that using "Debian" in the name will ease
> sponsorship efforts. This means a higher chance of a balanced budget
> and a larger travel budget. This directly benefits Debian.
> 
> 
> As discussed in #debian-dpl, due to those time constraints, and in the
> spirit of collaboration, I am hereby submitting an intial response to
> the requirements for becoming a TO[1].

Thanks for that. I'm commenting inline, but could you please reply with
a full new version suitable for sending to -project@?

> If you think it unlikely that we will gain TO status please say no
> sooner rather than later; we would rather do without Debian in the
> name than lose too much time.

I think that gaining TO status is a realistic outcome, and that we
mostly need to flesh out some details.


> All that being said:
> 
> 1. The organization should share Debian's general visions
> 
> We are (almost?) entirely made up of DDs, most of us have had Debian
> in our lifes for more than a decade.
> We agree with the Social Contract, the DFSG, and the Debian Constitution.

Who is 'We', initially?

> 2. The organization should remain loyal to Debian
> 
> See 1.
> Going against Debian's best interest now or in the future would not
> only be stupid beyond description, it would also wipe out our
> collective reputations.

Is there a process that ensures that 'We' is unlikely to change, at
least in terms of loyality to Debian? (e.g. ensure a minimum number of
DDs in the board, etc)

> 3. The organization should provide accountability on assets held in trust
> 
> At a minimum, we will create yearly accounts and share this data with
> Debian Auditors and anyone else the DPL deems useful.

Would you agree to also send reports in a timely way, when auditors ask
for them?

> 4. The organization should be reliable, sustainable, and reactive
> 
> We think we proved how quickly we operate. Many of us hold other
> positions of trust.
> As to sustainability, we do not know if this organisation will die
> after DebConf15 or if we will use it in the future as well. This
> decision will be made after DebConf15 and we will get the input of the
> community and the DPL.
> 
> 5. The organization should provide a reasonable financial framework
> 
> We are aiming for tax-exempt status and are working with pro-bono
> lawyers to make sure this happens.
> 
> 6. Additional opportunities
> 
> This is happening to make DebConf15 the best possible DebConf we can deliver.
> 
> 
> On behalf of the DC15 team,
> Richard
> 
> 
> [1] https://wiki.debian.org/Teams/DPL/TrustedOrganizationCriteria

Thanks again,
 
Lucas

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