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

Op 10-6-2011 0:44, Simon Phipps schreef:
> 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.

I don't understand your reasoning in that last part.

Yes there is an existing legal entity in the picture, but it is not TDF 
but FroDEV, and it is not a foundation but an association.

--
Vriendelijke groet,
Simon Brouwer.

| http://nl.openoffice.org | http://www.opentaal.org |


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