Re: [tdf-discuss] Re: [Libreoffice] Proposal to join Apache OpenOffice

On 9 Jun 2011, at 23:06, Robert Derman wrote:

> Volker Merschmann wrote:
> > Hi,
> >
> > 2011/6/9 Simon Brouwer <simon.oo.o@xs4all.nl>:
> >
> >  
> > > Suppose Oracle had considered donating the OpenOffice.org trademarks and
> > > copyrights to TDF. How could it be the recipient of such a donation if it
> > > didn't exist as a legal entity?
> > >
> > >    
> > I'm feeling it's the hundredth time it is told: The german association
> > "Freies Office Deutschland e.V." is the legal represantive for the TDF
> > until the legal act of founding has happened. And the latter one is
> > not so easy to do.
> >
> > Volker
> >  
> My Deutsch isn't the best, I am guessing that the literal translation of the above is Freedom 
> Office Germany e.V. whatever the e. V. stands for.  Anyway a non legaleze explanation of what is 
> happening and what must happen for TDF to be a full official foundation would be appreciated.

I'll try to explain as I understand it. 

Disclaimer: 
I just an ordinary TDF member, not on the Board and with no official standing. This is just the 
view I have gained by reading the mailing list and wiki. I am English and have limited German 
skills, so this may contain errors and I welcome corrections.
 

Summary: 
There is already "a full official foundation" involved - FrODeV - with LibreOffice effectively one 
of its projects, but its mission statement is more general than just LibreOffice so it is in the 
process of spinning out a new entity to look after LibreOffice.


Detail:
There is already a non-profit in existence; it's name is "Freies Office Deutschland e.V." ("eV" is 
a German suffix a bit like "Ltd" or "Inc"), but it's easier to call it FrODeV for short[1]. It is a 
fully-functional German non-profit with bylaws[2], accounts[3] and everything. It has existed for a 
number of years and exists to support and promote open source office suites.  
It used to be called OpenOffice.org Deutschland eV but changed its name[1] when the LibreOffice 
project started so its scope was clearly all open source office suites. FrODeV has been running a 
separate asset pool[4] for LibreOffice, and has expressed its intent to spin out a new, 
capital-backed non-profit organisation to look after that asset pool. 
To do that, FrODeV needs a set of voting members, an elected Board, a set of bylaws and a capital 
sum in the asset pool. Once it has all those, it can incorporate the new entity and spin it out. So 
a timeline of that process looks like this:
  1. FrODeV starts the process of hosting TDF with the intent of it being an incorporated 
capital-holding non-profit foundation in Germany (Stiftung)
  2. A Steering Committee is appointed to handle TDF's affairs, under the oversight of FrODeV
  3. The necessary capital sum is obtained from donors
  4. Bylaws are devised
  5. A membership is identified according to the bylaws
  6. The membership elects a Board of Directors
  7. FrODeV incorporates the Stiftung, as "Stifter" (founder/donor).
  8. TDF now exists as a legal entity independent of FrODeV

The process has reached stage 5, and stage 6 is imminent. There has been and as far as I can tell 
will never be a point in this process where there is no "full official foundation" in existence.


Hope that helps,

S.





Google Translate[5] works well for these links:
[1] http://www.frodev.org/
[2] http://www.frodev.org/satzung
[3] http://www.frodev.org/downloads-1
[4] http://www.frodev.org/spenden (at the bottom)
[5] http://translate.google.com/
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