gmane.linux.gentoo.nfp

Logo and Trademark Licensing

Matthew Summers — 2011-12-18T20:22:45

Hello,

Pursuant to the recent board meeting, I am writing to begin discussion
regarding the licensing of the Gentoo "g" logo and associated "GENTOO"
trademark for use by the community, for non-commercial and personal
purposes as well as discuss strategy in dealing with commercial of
both. This discussion will include use by derivative distributions
based in part on Gentoo as well as Gentoo itself.


At this time, the board is generally amenable to allowing free use by
the community for non-commercial, private, personal use while taking
due consideration on a case by case basis for any commercial use by
dealing directly with the potential licensee. This is in line with
current precedent in the free and open source community at large.

Further there needs to be some discussion as to how we can best
demarcate official Gentoo media and items where necessary to prevent
confusion and/or the unintentional conveyance of support.

Please let the board know your thoughts and ideas on these matters as
we seek to reach a decision soon.

Thank you and best regards,
Matthew

2011 NMPRC Filing

Matthew Summers — 2011-11-17T22:39:46

Dearest Ladies and Gentlemen,

First, to preempt any personal health calamity, everything is in order
so no need for concern. I just want to update everyone on a specific
item detailed below.

Earlier today my fellow board member, Mr. Abbott, brought to my
attention the fact that the NMPRC page for us was showing us not in
good standing. I was taken aback as I had submitted our paperwork long
ago. Thus I called Wayne's office to find out what the hell happened.
Our document and payment were submitted on November 2nd by Wayne's
legal assistant, Heather. She has called the PRC who is researching
the matter currently. Heather stated that the PRC rep said they
thought our statement was still processing and expects a phone call to
confirm shortly. I also checked our banking account and the check I
wrote has not been cashed yet.

In summary, Heather stated that we are not to worry because our
materials and payment were submitted ahead of time. Its the NMPRC
system that is slow in processing. We should see the page updated
soon. I'll keep the board appraised of any information I receive in my
next conversation with Mr. Chew's office.

Many Thanks,
Matthew

Foundation Periodic Activities Tracker

Rich Freeman — 2011-07-17T21:59:21

It has been fairly obvious that for a number of years one of the
biggest problem the Foundation struggles with is remembering to take
care of things that need to be taken care of on some kind of periodic
interval.  We forget to file and let our foundation become inactive.
We forget to renew trademarks until the last minute, and so on.

To help improve this I'm going to try to lead efforts to create a
simple and effective periodic activity tracking checklist.  The heart
of the checklist is just going to be a table of activities that need
to happen periodically.  Attributes I plan to track include:

Name of Activity
Who is responsible (by role) - nothing to stop people from teaming up,
but one role should be the lead for anything
Frequency of Activity (ie annually, quarterly, etc)
Whether activity is legally required (vs nice-to-have)
Last time activity was completed
Next time activity is due
Link to details page

Then for each activity we can have a details page (or anchors in a
single page) that goes into the gory details.  I'd expect this to
include:
Links to appropriate laws/etc.
Recommended process to follow.
Links to helpful tools/forms/etc.
Where to find the information necessary to complete the step.
Where we store the official copy of the resulting deliverable.
Where interested users can find the deliverable (perhaps redacted), if
applicable.  I'd encourage as much transparency as possible (many
eyeballs/etc).
Links to bugs tracking past/current activity completions.

I'd just put all of this stuff on the Gentoo website in GuideXML/etc.
That is, unless somebody is aware of a tool we could leverage which
would better accomplish this while keeping things simple and being
aligned with our values.

Feel free to chime in here with suggestions for design
improvements/etc, but my intent is to get started creating and not
wait until things are perfect.  Any system of organization is going to
be better than what we already have.  Once the structure is in place
anybody can feel free to suggest additions to the list, and this
should be pretty easy to distribute among volunteers (even those
without commit access if you can modify a template xml file and submit
a bug).

Rich

(unknown)

evaw evaw — 2011-04-03T00:28:19

This what everybody should use
http://users5.nofeehost.com/nyzigid/lepyjufy.html


InRem embrance OfI... You rArmsWit hin Swear always that you'll be true.

List of items to be addressed by audit

William L. Thomson Jr. — 2011-03-28T23:28:54

Just making a quick list of the items/questions asked buried in a few
posts in a previous thread. No need to reply till there are answers.
This is just a list/summary of the items/questions to be answered once
the internal audit has been completed.

I am very appreciative and thankful that the trustees will be conducting
an internal audit. I will patiently away the outcome, and answers to the
following items/questions.

     1. State filings, with NMPRC and State Attorney General, bi-annual
        filings with NMPRC, and annual with State Attorney General
     2. Federal filings, annual tax return, form 990 (990-N or 990-EZ)
     3. Where is the money from the old bank account? When was it
        received/deposited into new account, and how much?
     4. What is the cause behind the $9k discrepancy in Q3 2010, and why
        was that not caught sooner, like in 2008 or 2009?

I believe that is it, and again thank you very much for taking your time
to provide information on the above!

I have a Gentoo banner, traking Gentoo's assets

William L. Thomson Jr. — 2011-03-25T21:37:47

I still have a Gentoo banner that was purchased brand new and used at a
single even back in 2008, Florida Linux Show. The previous board, or
more specifically Chris Gianelloni kindly purchased the banner and had
it sent to me specifically for the show. I am not sure anyone is aware I
still have it.

That brings me to a bigger issue, at some point really need to start
tracking assets and have a list of Gentoo owned assets and their
location. Though location is likely to change for such things as a
banner. A list of assets might already exist, and if it does, please
excuse me from overlooking such. 

Not sure who to tell about this, and doesn't seem like it would belong
on -project. I think the Foundation is responsible for Gentoo's assets.
Thus letting you all know I have a banner that does not belong to me but
to Gentoo. Happy to ship it to whom ever, when ever. Its been kept in a
safe place for years. Though the tube was slightly damaged a bit in
shipping to me. Its still usable and no harm will come to the banner.

Let me know to whom and where to ship it to, when that time comes,
thanks!

[Fwd: Re: SPI/SFC was -> What does the IRS Consider a Donation ?]

William L. Thomson Jr. — 2011-03-25T20:52:08

Below is the second email from internal communications amongst board
members back in 2008. This was a private internal email. But I do not
believe it contains any sensitive or private information. Since others
did not have access to the information, I feel its in alls best interest
for it to be known.

It contains information regarding the SFLC and SPI, for reference and
historic purposes only.

-------- Forwarded Message --------

[Fwd: Re: What does the IRS Consider a Donation ?]

William L. Thomson Jr. — 2011-03-25T20:50:17

Below is an email from internal communications amongst board members
back in 2008. This was a private internal email. But I do not believe it
contains any sensitive or private information. Since others did not have
access to the information, I feel its in alls best interest for it to be
known.

It contains information regarding the SFLC and SPI. I will forward on
one more to this list. For reference and historic purposes only.

-------- Forwarded Message --------

Tax return and accounting discrepancies

William L. Thomson Jr. — 2011-03-23T19:06:06

I am still quite concerned and would like to know a reason why the
Gentoo Foundation has not filed a state of federal tax return. I am not
sure when the last time the Gentoo Foundation did file any returns, or
provided required annual accounting information to New Mexico.

Even more alarming I do not like the follow accounting discrepancy added
in the last quarterly report. Which there is no report for 2010 Q4, and
we are almost done with 2011 Q1.

"Corrections to balance bank account as balance has been off since
records have been kept. $8,980.16"
http://www.gentoo.org/foundation/en/finances/2010q3.xml

An almost $9k discrepancy where account balance has been off,
unacceptable! That is really not good! Where did that money go? Did it
exist in the first place? Does anybody have a clue?

If anyone recalls the main reason I resigned from the board in 2008, it
was due to the fact I did not feel the treasurer was qualified to be
such. I was doing their job for them in spending a tremendous amount of
time finding a bank Gentoo could open an account with. Even after I
found one, took a very long time for the account to be opened. Never did
get a CPA, or other things.

Now here we are about 2.5yrs later, and still no tax return, and very
shady accounting. It might be acceptable to others, but it surely is not
to me. I hope Gentoo starts to keep an eye out if people have any
qualifications for the roles and positions they fill. Given the amount
of neglect, and lack of leadership all around.

Foundation 2011 election - voting open until Friday 20110408 2359UTC

Jorge Manuel B. S. Vicetto — 2011-03-15T03:01:50

On Thu, Feb 10, 2011 at 9:15 PM, Jorge Manuel B. S. Vicetto
<jmbsvicetto-aBrp7R+bbdUdnm+yROfE0A< at >public.gmane.org> wrote:

With my apologies for the tardiness, the elections team announces that
the voting has already started for this election. As announced, the
voting will remain open until Friday 20110408 2359UTC.


Please pay attention to the method to vote for this election.



For the election officials,

---
Regards,

Jorge Vicetto (jmbsvicetto) - jmbsvicetto at gentoo dot org
Gentoo- forums / Userrel / Devrel / KDE / Elections

Nomination for Foundation 2011 Election

Matthew Summers — 2011-02-21T15:44:20

I hereby nominate Dr. Anthony G. Basile, aka blueness, for Trustee of the
Gentoo Foundation.

Thank you,
Matthew W. Summers

Foundation 2011 election

Jorge Manuel B. S. Vicetto — 2011-02-10T22:15:33

Dear Gentoo Foundation members,

We've come again to that time of the year when we need to cast our
votes for the Foundation. The Gentoo Foundation[2] is now opening an
election to fill the 2 seats in the Trustees that have reached the end
of their 2 years term, Mathew Summers (quantumsummers) and Robin H.
Johnson (robbat2), and for the seat filled by Joshua Jackson (tsunam)
as he has announced his retirement from the Trustees.

 [1] - http://archives.gentoo.org/gentoo-nfp/msg_f31a0b92ad9c159ed42d4bf86879f91c.xml
 [2] - http://www.gentoo.org/foundation/en/

The nomination period starts tomorrow, 20110211 0000UTC and lasts
until Thursday 20110310 2359 UTC. The election polls will be open from
Saturday 20110312 0000UTC to Friday 20110408 2359UTC. The elected
trustees will start their term after the results are published and
before their first meeting on April 17th.

The election officials for this election will be Patrick Lauer[3],
Jorge Manuel B. S. Vicetto[4] and Alec Warner[5]. All officials will
keep a daily presence in #gentoo-trustees and #gentoo-elections for
the duration of the election. You can reach all the officials for this
election at the elections[6] alias.
The election officials will publish a page with all information about
this election that will be available from the Foundation Archives[7].

 [3] - patrick< at >g.o
 [4] - jmbsvicetto< at >g.o
 [5] - antarus< at >g.o
 [6] - elections< at >g.o
 [7] - http://www.gentoo.org/proj/en/elections/trusteees/

To nominate a candidate, join the gentoo-nfp[8] mailing list. Trustee
nominations are open to the public; voting is limited to eligible
voters[10]. Send all your nominations, acceptances and feedback to the
gentoo-nfp list[9]. Be sure to check if you're listed on the list of
members for this election[10].

 [8] - http://www.gentoo.org/main/en/lists.xml
 [9] - http://archives.gentoo.org/gentoo-nfp/
 [10] - http://www.gentoo.org/foundation/en/20110202_members_list.xml

If you're a current Gentoo Developer, to cast your vote for this
election you need to login to dev.gentoo.org and run the following
commands, in the specified order.

   * votify --new trustees-201102 - This creates a new ballot in your homedir.
   * Edit the .ballot-trustees-201102 file and rank the candidates in
the desired order of preference.
   * Once you're sure, run votify --verify trustees-201102 to check
the validity of the ballot.
   * If that goes through fine, the next and final step is to submit
your vote using votify --submit trustees-201102
   * In case you're stuck, detailed help can be accessed by using
votify --help or feel free to drop by #gentoo-elections on IRC. If you
think you are eligible to vote, but cannot, please contact one of the officials.
   * Grab a beer, have fun, sit back and enjoy the show ... till we
announce the results  ;)

If you're not a current Gentoo Developer, please send your ballot to
the officials[6] alias and don't forget to sign the email with your
gpg key on record in the Foundation member list[10].

I'd like to take this chance to warn all foundation members that since
the last Foundation Bylaws update, any member of the Foundation loses
his membership after not voting for 2 consecutive Foundation
elections. This means that any members that joined the Foundation
before the 2009 election and that didn't vote for that election will
lose their membership if they don't vote in this election.
If you have any doubts about this point, please contact the Trustees
or the election officials.

If you have any doubts about the election or any corrections to the
page and lists, contact the election officials.


PS - I take the full blame for the election being opened later than
expected, but I was out at FOSDEM and haven't got back home yet.

For the election officials,

---
Regards,

Jorge Vicetto (jmbsvicetto) - jmbsvicetto at gentoo dot org
Gentoo- forums / Userrel / Devrel / KDE / Elections

Gentoo Foundation Trustee Elections 2011 Nominations

David Abbott — 2011-02-10T19:18:18

I nominate;
quantumsummers Matthew Summers
robbat2 Robin H. Johnson
rich0 Richard Freeman
Regards,
David

Gentoo Foundation Trustee Elections 2011

Roy Bamford — 2011-02-10T18:36:14

Dear Member,

You are receiving this email as you are a member of the Gentoo
Foundation Inc. The Foundation is legally obliged to notify its
members of some events. This email contains notifications of
1. The 2011 Trustee Elections
2. The Annual General Meeting

Your membership of the Foundation will continue until you fail to cast
a ballot in two successive Trustee elections or you resign from the
Foundation by sending a gpg signed email to trustees-aBrp7R+bbdUdnm+yROfE0A< at >public.gmane.org

The 2011 Trustee Election will be held over February and March.
Nominations will be open for a period of four weeks commencing in
February. Voting will take place during a similar period in March.
Exact dates will be notified by the Elections project.

Nominations must be made by posting to gentoo-nfp-cnFmAm88PdgLnqt3yJz4RQ< at >public.gmane.org
Only Foundation members may be nominated.
Only Foundation members may vote. The list of members is
http://www.gentoo.org/foundation/en/20110202_members_list.xml
If you are not listed, please contact the trustees.

The new trustees will take their seats as soon as the election results
are published. Trustees serve a two year term and retire by rotation
every year.

This year, Matthew Summers (quantumsummers) and Robin H. Johnson
(robbat2) retire by rotation.
Joshua Jackson (tsunam) has also announced his intention to retire both
as a trustee and from his office as Treasurer of the Foundation.
There are thus three seats on the board of trustees to be contested.

Matthew Summers (quantumsummers) and Robin H. Johnson (robbat2) have
both indicated that they will stand for election for a further term.
Both of these candidates are endorsed by the board of trustees.

The Annual General Meeting of the Gentoo Foundation Inc. will be held
on 17th April 2011 in #gentoo-trustees on irc.freenode.net at 1900 UTC.

On behalf of the Gentoo Foundation Inc.

Gentoo Foundation Trustees 2010 election

Jorge Manuel B. S. Vicetto — 2010-02-11T02:51:50

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Dear Gentoo Foundation members,

We've come again to that time of the year when we need to cast our votes
for the Foundation. As announced[1] by the Gentoo Foundation[2]
President, Roy Bamford, the Gentoo Foundation is now opening an election
to fill the 3 seats in the Trustees that have reached the end of their 2
years term.

 [1] -
http://archives.gentoo.org/gentoo-dev-announce/msg_efbaddce8a500ae1469d808982b89dcb.xml
 [2] - http://www.gentoo.org/foundation/en/

The nomination period started today and lasts until Saturday March 6th.
The election polls will be open from Monday March 8th to Sunday
April 4th. The elected trustees will start their term after the results
are published and before their first meeting on April 11th.

The election officials for this election will be Jorge Manuel B. S.
Vicetto[3], Łukasz Damentko[4] and Mathew Summers[5]. All officials will
keep a daily presence in #gentoo-trustees and #gentoo-elections for the
duration of the election. You can reach all the officials for this
election at the elections[6] alias.
The election officials will publish a page with all information about
this election that will be available from the Foundation Archives[7].

 [3] - jmbsvicetto< at >g.o
 [4] - rane< at >g.o
 [5] - quantumsummers< at >g.o
 [6] - elections< at >g.o
 [7] - http://www.gentoo.org/proj/en/elections/trusteees/

To nominate a candidate, join the gentoo-nfp[8] mailing list. Trustee
nominations are open to the public; voting is limited to eligible
voters. Send all your nominations, acceptances and feedback to the
gentoo-nfp list[9]. Expect a mail from the Foundation Officers and
Election Officials about member details and with more info about this
election.

 [8] - http://www.gentoo.org/main/en/lists.xml
 [9] - http://archives.gentoo.org/gentoo-nfp/

If you have any doubts about the election or any corrections to the page
and lists, contact the election officials.

For the election officials,


PS - I take the full blame for the election being opened later than
expected, but I was out at FOSDEM.

- -- 
Regards,

Jorge Vicetto (jmbsvicetto) - jmbsvicetto at gentoo dot org
Gentoo- forums / Userrel / Devrel / KDE / Elections
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Gentoo Foundation Trustee Elections 2010

Roy Bamford — 2010-01-23T20:54:57

All,

The Gentoo Foundation Inc. is preparing for its annual Trustee 
Elections. The nomination period is four weeks commencing early 
February, the voting period is four weeks in March, the newly 
elected Trustees take their seats in early April, as soon as the 
results of the ballot are known.
Exact dates will be set by the Gentoo Elections project.

At the trustees meeting of 17 January 2010, a recording date of 31 
January was set. Simply put, only Foundation members who are members on 
31 January can stand or vote in this election.

Trustees retire by rotation every two years to ensure there is 
continuity of the board, this year, NeddySeagoon, tsunam and dabbot 
will retire.

Also for the first time after this election, the membership will be 
reduced according to bylaws http://xrl.us/oo447

Section 4.4. Continuation of Membership

Full members who remain Gentoo developers shall have their membership 
continued until it is terminated in accordance with 4.8 or 4.9.

Full members who retire from the Gentoo project shall have there 
membership continued while they indicate that they remain interested in 
the affairs of the Foundation unless their membership is terminated in 
accordance with 4.8 or 4.9.

Criteria for loss of interest in the foundation shall be determined by 
the trustees, from time to time.


The current determination of loss of interest is failure to vote in 
two successive trustee elections.


Why might you want to be a member of the Gentoo Foundation Inc?

The only benefit to members is as stated in the bylaws 
http://xrl.us/oo447 at 12.  Article XII Indemnification of officers and 
Trustees
Section 12.1. Right to Indemnification

Each person who was or is a party or is threatened to be made a party 
to any threatened, pending or completed action, suit, or proceeding, 
whether civil, criminal, administrative, or investigative (other than 
an action by or in the right of the foundation), by reason of the fact 
that he or she is or was a director, officer or member of the 
foundation, or is or was serving at the request of the foundation as a 
director, officer, employee, or agent of another foundation, 
partnership, joint venture, trust, or other enterprise, shall be 
entitled to indemnification against expenses (including attorneys' 
fees), judgements, fines, and amounts paid in settlement to the fullest 
extent now or hereafter permitted by applicable law as long as such 
person acted in good faith and in a manner that such person reasonably 
believed to be in or not be opposed to the best interests of the 
foundation; provided, however, that the foundation shall indemnify any 
such person seeking indemnity in connection with an action, suit or 
proceeding (or part thereof) initiated by such person only if such 
action, suit or proceeding (or part thereof) was authorized by the 
Board of Trustees. 

In short - if a member gets sued while acting in good faith for the 
Foundation the Foundation is sued in the members place.

How do you become a Gentoo Foundation Inc. member?
As stated in the bylaws http://xrl.us/oo447 at
Section 4.3. Admission of Members

Full members are admitted by petitioning the trustees for membership, 
providing verifiable evidence of their contribution to Gentoo.

Active Gentoo developers who are not members of the Foundation may 
apply for membership. Any developer applying for membership in the 
Foundation will become a member of the Foundation immediately after the 
next Trustee meeting following the application unless an absolute 
majority of the trustees (currently 3 out of 5) oppose membership for 
the developer at this meeting.

Applicants who are not Gentoo developers need to cite verifiable 
evidence of contributing to Gentoo or to the stated aims of the Gentoo 
Foundation Inc.

Examples of contributing include but are not limited to, arch testing, 
bugzilla, Gentoo forums, working with existing developers. 
Contribuitions will be verified. The decision of the trustees is final.

Monetary contributions will be discounted - Gentoo Foundation 
membership cannot be bought.


The trustees will be processing any applications for membership in a 
timely manner in an attempt to ensure new members are entitled to 
participate in this election.

Gentoo Foundation Referendum 2009-01 - Results

Jorge Manuel B. S. Vicetto — 2010-01-12T02:17:12

Referendum on Gentoo Foundation Inc. accepting advertising from major Gentoo Users

Jorge Manuel B. S. Vicetto — 2009-12-03T01:11:21

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Fellow Foundation members,

as decided and requested by the Gentoo Foundation Trustees[1], the
elections team is running an election to conduct this referendum. The
election polls are now open and will remain so until 23:59:59 UTC
Friday, December 11th 2009.

The election officials for this election are Alec Warner[2], Jorge
Manuel B. S. Vicetto[3] and Patrick Lauer[4]. The infrastructure team
contact for the election is Shyam Mani[5]. You can reach all the
officials for this election at the elections[6] alias.

If you're a current Gentoo Developer, to cast your vote for this
election you need to login to dev.gentoo.org and run the following
commands, in the specified order.

    * votify --new foundation-referendum-2009-01 - This creates a new
ballot in your homedir.
    * Edit the .ballot-foundation-referendum-2009-01 file and rank the
2 votes: "yes" and "no".
    * Once you're sure, run votify --verify
foundation-referendum-2009-01 to check the validity of the ballot.
    * If that goes through fine, the next and final step is to submit
your vote using votify --submit foundation-referendum-2009-01
    * In case you're stuck, detailed help can be accessed by using
votify --help or feel free to drop by #gentoo-elections on IRC. If you
think you are eligible to vote, but cannot, please contact one of the
officials.
    * Grab a beer, have fun, sit back and enjoy the show ... till we
announce the results  ;)

If you're not a current Gentoo Developer, please send your ballot to
the officials[6] alias and don't forget to sign the email with your
gpg key on record in the Foundation member list[7].

As this should be the first election with a "yes" and "no" ballot, let
me clear any doubts that in case of a ballot with both in the same
line, the ballot will have no influence in the final result. Also,
omitting one of the votes from the ballot is the same as putting it
alone in the bottom line.

* [1] -
http://archives.gentoo.org/gentoo-foundation-announce/msg_7b3516ffb09ca4cdf7c7cb1badbf2a66.xml
* [2] - antarus-aBrp7R+bbdUdnm+yROfE0A< at >public.gmane.org
* [3] - jmbsvicetto-aBrp7R+bbdUdnm+yROfE0A< at >public.gmane.org
* [4] - patrick-aBrp7R+bbdUdnm+yROfE0A< at >public.gmane.org
* [5] - fox2mike-aBrp7R+bbdUdnm+yROfE0A< at >public.gmane.org
* [6] - elections-aBrp7R+bbdUdnm+yROfE0A< at >public.gmane.org
* [7] - http://www.gentoo.org/foundation/en/20091201_members_list.xml

If you have any doubts about this referendum, please contact the
election officials.


For the election officials,

- --
Regards,

Jorge Vicetto (jmbsvicetto) - jmbsvicetto at gentoo dot org
Gentoo- forums / Userrel / Devrel / KDE / Elections
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