Re: incorporation
On Thu, 21 Aug 1997 12:09:25 CDT, Rick Hawkins wrote:
>
> 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:
Let me cover my throat....
>1) as someone already mentioned, it makes a difference for donations.
Overall? No. Can we pretend that it does? Sure...that's what law is all about...
>2) It has nothing to do with the US government. States grant corporate charters,
>not the feds
No difference from a legal stand point, and you should already know his. An artifical
entity as no natural rights, but only government granted privleges. The Feds can
claim jurisdiction over it where they could (according to the US constitution) never
set foot with a natural person.... Doesn't matter at what level is was created.
>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
i>ndividual.
Where as before it was just a concept (and concepts can't be sued) now debian is a
thing that can be messed with. The exsitence of a 'Debian' posses a threat to the
work of all the world around the world.
And how does that cover a single developers? Are we all part of the corp (in
writing)? The only people who have limited liabilities with Debian are direct
employees and officiers of the corp. Not me. Not Ian Murdock over in the UK.
Not any of the fine mainters in DE. Not even the people stuck in this god forsaken
country.
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