Re: How to achieve the legal status of the project?

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On 2021/02/20 12:08 AM, Slávek Banko via tde-users wrote:
Hi all,

in previous emails, I sent information about the status of the project, we
discussed the migration of services and also about CLA vs. DCO. Now it is
time to open another big topic: how to achieve a legal status of the
project? Here are some questions and several possible solutions. Again, I
apologize in advance for the long mail, but it's an important topic, so it
deserves thorough information.


Here are my non-expert 2c.

1. Whatever we do, we need to make sure it is a safe thing. All the people who contribute to TDE, do that out of their spare time and free will. We cannot put those people, their families or belongings under any sort of risk.
If there isn't any safe way, then no point to proceed IMO, even if it means no donations.

2. Personal preference is to stay away from US legislation if possible, heard way to many funny stories through the years. Nevertheless if the only safe way forward is a US-based system, then we should still consider that (SFC for example).

3. Out of the options listed by Slavek, at the moment SFC seems to be the only viable one (again I am not expert).

4. Currently TDE "belongs" to Tim. It would be worth reaching out to him to see how he has managed legal things so far.

5. Adding a no-warranty thing is definitely a good suggestion and something to do. We should have it very clear on the website main page and also as a footer of any page. Moreover add a dialog after login as suggested. I would also suggest we state that TDE comes with "NO WARRANTY AT ALL, REGARDLESS OF ANY APPLICABLE LAW IN ANY STATE OR SOVEREIGN. If you use TDE you do it at your own risk and TDE and the TDE <organization/non profit/association/fit-the-best-word> can in no way be held responsible for any damage or consequence resulting from its usage." and add an "I agree" button to it.

6. Question to ask ourselves: if we don't do anything and we continue as is, what is the current status and what are the current risks?

I am totally no expert of legal matters, so if what I said above makes no sense, feel free to correct me.

Cheers
  Michele




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