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Date:      Wed, 16 Jan 2002 12:53:30 -0800
From:      Terry Lambert <tlambert2@mindspring.com>
To:        'emailrob' spellberg <emailrob@emailrob.com>
Cc:        FreeBSD Chat List <freebsd-chat@FreeBSD.ORG>
Subject:   Re: FreeBSDmall vs Daemonnews mall
Message-ID:  <3C45E84A.1BCB4F09@mindspring.com>
References:  <3C459893.44485DA3@emailrob.com> <4.3.2.7.2.20020116085240.01c9e3e0@localhost> <4.3.2.7.2.20020116102625.01e4f880@localhost> <4.3.2.7.2.20020116113905.01ccea60@localhost> <3C45DAF7.71E1B794@emailrob.com>

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'emailrob' spellberg wrote:
> my original question is:
>   why can't the foundation create a sales arm,
>   be that reliable supplier and
>   keep the margin for itself?

Right now, there are a number of CDROM vendors who have expressed
an interest in creating FreeBSD CDROMs, but there are a number of
hurdles in their way.

The first hurdle is the use of the trademark.  Assuming the
trademark is transferred to the FreeBSD Foundation, as was
promised, I think that there would be a serious conflict of
interest for anyone holding the trademark and also making a
distribution of the code.  This has been demonstrated in the
past by defining "what is FreeBSD?" narrowly enough that the
definition was constrained to a CDROM image that was produced
by a single vendor, and could not be distributed in its
entirety by another vendor (though it was), due to the risk of
compilation copyright and file copyright on several files (the
vendor in question, "CheapBytes", accepted this risk, which
was their option, but it wasn't a common choice).

Right now, also, the Foundation must work to maintain its
non-profit status, which is subject to audit.  Failure to act
in accordance with its article of incorporation, or the claims
that have resulted in the non-profit status in the first place
would be a problem.

I think that the safest arrangement would be an independent
business organization, which *chose* to donate all profits
that it could, to the FreeBSD Foundation.

In any case, it's unlikely that you will see a distribution by
the FreeBSD Foundation, IMO, unless it is a one-off sent out
to universities and high schools, in furtherance of the FreeBSD
Foundation charter.  In any case, it would not be "for profit",
since it could not be.

-- Terry

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