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

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On Friday 19 February 2021 07:08:54 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.
>
>

Simple is good, simplistic is not. It's good to keep things simple and 
uncomplicated; but if it leads to unforeseen complications further down the 
road, that's not good. For example, if TDE runs into legal problems, or 
copyright trolls, or other stuff that others have discussed. 

Best thing is to make it clear what we really want. And my guess is that we 
all want TDE to continue development, to be available for us to use as our 
desktop; not to slip from our control. By "us" I mean the whole group, 
developers and users. 

My reason for spelling out what might seem obvious is this: "open source" is 
not the same as free/libre software. What starts out as a good thing can be 
changed by small degrees over time, so that in a few years the software is 
compromised. Corruption usually doesn't happen all at once, but goes through 
small steps that are barely perceptible; and I worry that if we get sloppy 
about the licensing, then other entities may find a way of seizing control. 
(The Brave browser, for example, is in the news now for having been exposed 
as not so secure as they claim.) Often these problems arise due to MONEY: 
taking funding from sources who have ulterior motives. If we keep the license 
free/libre instead of just "open source", this will shield us from most of 
those problems. 

For those who don't appreciate the distinction between free/libre and open 
source, see the Free Software Foundation, as well as the writings of Richard 
Stallman and others. (He is annoying as hell sometimes, but the past 20 years 
or so have proved him right.) I feel strongly that we ought to keep the TDE 
project as completely free/libre GNU Linux; no watered-down "open source" 
definitions for licensing. Also, we might be able to get some free publicity, 
if the TDE project gets listed among the FSF's approved list of free/libre 
software. (I don't know that they list desktops as such, but they do list 
other "side projects" - that is, items which are not a complete OS, but only 
a component.) 

Stay away from US! I live here, and the laws that regulate technology are 
confusing, contradictory and created out of fear and ignorance. The EU is 
better, in my opinion, although recent developments there are also cause for 
concern. The Electronic Frontiers Foundation (EFF) might be able to offer 
some guidance for us. We might also write an email to Mr Stallman himself, as 
he does answer emails, especially where it concerns the issue of keeping free 
software free (as in freedom, not as in free beer). I feel sure that he will 
have an opinion, and might have suggestions for how to go about setting up 
TDE as a legal business entity and non-profit. There are others out there, 
too, whom it might be worth asking. 

Wherever TDE touches down upon the earth, we become subject to the laws there, 
so we ought to consider this step very carefully. But where, if not the US or 
EU? Finland? Iceland? Bhutan? We will probably need to have a few actual 
human beings who live in that region, so they can receive mail, accept 
donations, pay the bills ... so that sort of points to the EU.

I have some money that is burning a hole in my pocket, some of which I'd like 
to contribute to the TDE project, so it would be nice to have some way of 
donating without using either PayPal or Bitcoin, neither of which have worked 
for me in the past. 

However, if TDE at some point in future starts behaving like other projects, 
such as KDE, or the Brave browser, or Mozilla (the list is long), then I will 
move on to something else. The reason I like TDE is that it still obeys me 
when I am running my own machine; the only way to keep it in control of users 
is to keep it free/libre, GNU/Linux, not merely open source. 

Regardless how we organize, then, using a fiscal host, using the SF 
Conservancy or Dyne, or creating a non-profit, I believe that we ought to 
keep to the free/libre license as our standard. Better to wait awhile longer 
than to rush into anything. 

Out of the choices that Slavek listed, both SF Conservancy and Dyne take some 
control away from us. A fiscal host sounds good, but offers no legal 
protections. Creating our own non-profit would give us the most control, but 
also more headaches. In the US, non-profits are not always so unprofitable, 
and can entail too much work. The EU seems better in this respect; many 
non-profits require only a few hours per month to manage the books and other 
business. 

Since I myself like to keep business matters simple, so that I can spend my 
time doing what I really want, my gut instinct tells me that some combination 
of a fiscal host and a non-profit, based in the EU, would come closest to 
that aim of keeping control within the group of developers and users, and 
adhering to the definitions of free/libre GNU/Linux. 

I hope that I have said enough, and have persuaded everybody ... but ... 

Bill
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