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Re: incorporation



 On Wed, 20 Aug 1997 14:28:10 -0400, Eloy A. Paris wrote:

> The purpose  behind the official incorporation for Debian is still beyand me, 
> and the more I think  about it I don't like it.  The project (like linux) has > always been for freeholders all over the world.  Why the US government
> suddenly has to get involded, I have no idea. Why does Debian need to  be an
> artificial US government privedged entiy? It's our OS. We collectivly own it.
> Why do we  suddenly need permission from someone to exists I'm sure some of
> the other anarchists here are  also wondering about these things.... 


I had nothing to do with the decision or the incorporation, or any discussions, but as an attorney I'll stick my head in:

1) as someone already mentioned, it makes a difference for donations.
2) It has nothing to do with the US government.  States grant corporate charters, not the feds (Although there are a handful of federally chartered corporations:  Postal Service, Sallie Mae, etc.).
3) Liability.  The corporation is legally a person.  If someone got the bright idea to sue Debian (for whatever reason, including frivolous), individuals would be liable without incorporation.  Incorporated, individual liability extends only to acts of that individual.

rick



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