On Mon, Apr 11, 2022 at 10:24:55AM +0200, Gard Spreemann wrote: > > On Fri, Apr 08, 2022 at 01:35:14PM -0500, Gunnar Wolf wrote: > >> Debian does not exist, legally :-) > > > > and that's a feature, not a bug. > > Could you elaborate on this? We've heard arguments for why it might be a > bug – and we can have a discussion about whether that's true or not (I > personally think that it is) – but in what way is it a feature?
This is the point where it's worth getting legal advice. Roughly speaking, the "feature" is that it reduces the overhead, significantly. Being incorprated is not cheap, and it *may* increase the risk profile since it may be easier (from a PR perspective, from the ability to identify who to sue, from the ability for opposing lawyers to understand how to sue an corporation vs. an unincorporated association, etc.) Until 1970, the New York Stock Exchange was the oldest unincorporated association, so there have been some very old, well understood organizations that have operated without being a corporation. Some more not-legal-advice can be found here[1]. [1] https://charitylawyerblog.com/2021/11/22/unincorporated-nonprofit-association/ Until the Internet Society was formed, the Internet Engineering Task Force as another example of an unincorporated association. The tricky bit is that simply forming a corporation isn't going to be enough to form a liability shield, since you now need to distinguish between work that is being done by an individual (and hence personal liability might attach to their activities), and work being done on behalf of the corporate entity. And that may mean, for example, that there needs to be more bureaucracy, and if that organization decides that they want to get directors and officers legal insurance, to protect board members and directories from personal liability of work done on behalf of the corporation, the corporation may need to promulgate more rules of what and isn't allowed. (Or else, it might not be possible to get D&O insurance.) Bottom line --- if we want to go there, we definitely need to seek expert legal advice. - Ted
