Re: SPI and the Linux Debit Card

From: Bruce Perens <bruce(at)perens(dot)com>
To: Todd Lisonbee <toddlisonbee(at)fastmail(dot)fm>
Cc: Software in the Public Interest <spi-general(at)lists(dot)spi-inc(dot)org>, board(at)spi-inc(dot)org
Subject: Re: SPI and the Linux Debit Card
Date: 2004-10-07 17:59:24
Message-ID: 416583FC.5050503@perens.com
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Todd Lisonbee wrote:

>Non-profit motives,
>intentions, and actions does not make one legally a "non-profit". We
>were calling ourselves a non-profit which I found out was wrong. We
>took the website down while we figure things out. I have found out I
>can legally bring the website back up if we don't call ourselves a
>non-profit and send apologies to all of our cardholders but before I do
>so I am hoping I can find a "real" non-profit to be our fiscal sponsor
>so that nobody has any doubts about us trying to do the right thing.
>
>
Ugh, that's messy. Currently you are probably an unincorporated
association operating not-for-profit but not a legal non-profit.

I think you need to consider the degree of risk to SPI this project
presents, and the corolary that it would need a lot of attention from
us. It would probably have a larger legal load associated with it than
anything we've done, requiring additional pro-bono counsel, as well as
requiring some attention from non-attorney managers who understand some
issues you're only just learning about. Without that, we would not be
able to avoid problems like the one you've already had. There is
personal risk to all SPI directors as well as risk that SPI could lose
the copyrights and other property that it currently owns, and its
assets, in a lawsuit.

If we're going to put in the effort to do that, I'm not at all sure that
the company you are working with is the one we'd want to go with.
Although they are trying hard, there are only a handful of companies in
my neighborhood who take their card to date - and it appears that is
true elsewhere too. So, I suspect that the revenue from this project
might not be commensurate with the risk.

You're welcome to attempt to convince me otherwise.

Thanks

Bruce

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