LoCo governance and incorporation policy?

[Anthony Yarusso]

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Matthew Copple wrote:
> One of the key missions that US Missouri Team has identified for
> itself is to support existing GNU/Linux and free software user
> groups, foster new groups, and educate individuals, businesses, and
> government officials in our state about the benefits of free
> software in general and Ubuntu in particular.
>
> This is a big task in a state with six million citizens and over
> 180,000 sq. km. The online tools provided by the Ubuntu Community
> are a great start, but to achieve our goals, we will have to get
> out in the community and evangelize Linux face-to-face -- at
> technical conferences, user group meetings, government hearings,
> and offering technical assistance.
>
> In short, it will require money. Therefore, we are considering
> forming a non-profit Missouri corporation to assist us in raising
> funds to cover expenses for marketing and evangelizing, and
> approaching corporate and individual sponsors to assist. At a
> minimum, being a non-profit will give our activists the ability to
> write off at least a part of their expenses at tax time. It also
> gives the organization the time-tested advantages of a formal
> structure that can legally outlive the activity of its current
> participants.
>
> Forming a corporation is relatively easy, but several legal issues
> have occurred to me, and I wanted to know if anyone else has
> attempted this and resolved these issues:
>
> 1. Is it a violation of the Ubuntu trademark policy to incorporate
> as the "Ubuntu Missouri Team" or some other similar name? If it is,
> will incorporating under a more innocuous name muddy our connection
> with the Ubuntu community?
Anything involving the Ubuntu name will need to comply with Ubuntu
trademark policy.  However, you should be aware that the Ubuntu
trademark policy is largely a matter of "always ask first, and there's
a decent chance you will receive".  I would encourage you to try to
use the Ubuntu name in your organization to maintain a clear
connection, but to do so you should send a note to
trademarks at ubuntu.com asking if you can.  You must contact them if you
intend to register a domain name containing "ubuntu".  Note that your
usage sounds like it should fall squarely under the opening section:

"The objective of the Ubuntu trademark policy is to encourage
widespread use of the Ubuntu trademarks by the Ubuntu community while
controlling that use in order to avoid confusion on the part of Ubuntu
users and the general public, to maintain the value of the image and
reputation of the trademarks and to protect them from inappropriate or
unauthorised use."

It is important that you stay non-profit, as commercial uses would be
restricted.
>
> 2. Would the community recognize a loco that had an independent,
> legal existence? Right now, the Community Council (which I
> understand is the sponsoring organization for the LoCo movement)
> really doesn't wield any particular control over individual LoCos,
> except for the power to approve them; therefore, it would seem to
> me that there would be no conflict, at least as the system is
> currently set up. However, does the Community Council intend on
> exercising more closely held control over LoCos in the future, and
> if so, would incorporation interfere with those plans?
I believe the only thing to be concerned with here is the following:

"there is no suggestion (through words or appearance) that your
project is approved, sponsored, or affiliated with Ubuntu or its
related projects unless it has been approved by and is governed by the
Ubuntu Community Council."

If your team is approved, great.  If not, just don't claim you are.
As far as the community overall I see no reason why it would make a
difference.
>
> 3. Has any other LoCo looked into incorporation and non-profit
> status, whether on a state/local/provincial level or nationally? If
> so, what have your experiences been?
I know I've heard others talking about it; not sure if any actually
have.  Maybe poke some folks on IRC, both in -us and -locoteams
>
> Any other thoughts or observations are welcome. Obviously, our
> first and foremost purpose is to advance the cause of free
> software, so we don't want to do anything that might cause us to go
> into direct conflict with the rest of the community. However, we
> want to make a real impact on our state, and experience shows that
> we cannot do that by restricting ourselves to the virtual, internet
> space. We have to get out among the people, which is difficult and
> expensive for men and women who do this while carrying other
> full-time jobs and paying bills.
First, read http://www.ubuntu.com/aboutus/trademarkpolicy in its entirety.
Second, read https://wiki.ubuntu.com/LoCoTeamDealingWithMoney and
discuss it with your team during your next scheduled meeting.
Third, make sure you are very clear with yourself, your team, the
community council, and all of the prospective users and the public
that you deal with what your organization is, what its purpose is, how
you operate, what activities you are involved in, and how any money
comes in and out and how it is handled in between, and why you have
chosen your current method for doing so.  There should never be any
questions about how your LoCo is operating that can't be easily and
honestly answered to anyone in the public, and this is especially true
when state government registration and money handling is involved.
>
> If this needs to go to a different list, or should be directed at a
>  specific person, please feel free to direct me there!
>
> Thanks and have a great weekend!
>
> Matthew G. Copple Team Contact US - Missouri LoCo Team
> mcopple at kcopensource.org
Good luck, and let us know how it goes!  (May be in a situation for my
team to do the same some day - would be good to know your experiences.)

Tony Yarusso
Team Contact
US - Minnesota Team
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