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List:       gentoo-project
Subject:    Re: [gentoo-project] Groups under the Council or Foundation: the structure & processes thereof
From:       "M. J. Everitt" <m.j.everitt () iee ! org>
Date:       2016-11-13 19:47:10
Message-ID: 5828C33E.20902 () iee ! org
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On 13/11/16 19:37, William L. Thomson Jr. wrote:
> On Sunday, November 13, 2016 11:26:29 AM EST Alec Warner wrote:
>> What I think is actually true is that there are some risks the current
>> board sees, and they (we?, I am on the board after all) see one way to
>> reduce the risk is by this joining. I think we should also be open to
>> evaluating the risks and seeking other avenues to mitigate them.
>>
>> I think, speaking in general terms, one risk is the following.
>>
>> 1) When a community member feels harmed by the community, they can file a
>> suit. They can sue individuals, or they can sue the Foundation. They cannot
>> sue "Comrel" for example, because Comrel is not an entity. They can sue the
>> individuals that compose comrel, or they can sue the Foundation.
>>
>> 2) If they sue the Foundation, we are worried that a 100% hands-off
>> solution is going to be an effective defense. In the current scheme, the
>> Foundation has no real control over the operation of Comrel. I think there
>> is a lack of confidence that this defense is sufficient to dismiss a suit
>> though.
>>
> A defamation suit is not out of the question if someone feels actions taken 
> against them have caused great harm to their reputation.
>
> For example;
> In my case being painted as an outcast could have implications in obtaining 
> jobs, etc. It would be interesting to see how a court would rule on someones 
> volunteer actions, perceived conduct by others, having effect on their ability 
> to make  a living, Based on how others have made them out to be, an outcast, 
> etc, tarnishing their reputation publicly.
>
> Something many seem to ignore or overlook. Comrel or any action taken against 
> someone could have serious impacts on that individuals career. Their ability 
> to make a living, obtain jobs, contracts, etc.
>
And this is the point, why Gentoo has GOT to take this seriously ..
continuously brushing it under the carpet until someone suitably savvy
takes Gentoo to court . do we really want to actively ALLOW this to happen?!

Accepting that there is a problem, is the first step to solving it .....


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