discuss: EIN advantages (was" LDP can't get non-profit status ...)
Subject:
Re: [discuss] EIN advantages (was" LDP can't get non-profit status ...)
From:
Rick Moen ####@####.####
Date:
20 Apr 2007 20:31:02 -0000
Message-Id: <20070420203058.GU18750@linuxmafia.com>
I did not receive a copy of Bradley's post, to which David replies
below. (Nor did LDP's Web archive store a copy, to the best of my
ability to tell.)
Quoting David Lawyer ####@####.####
> On Thu, Apr 19, 2007 at 08:45:20AM -0500, Bradley Hook wrote:
> > David Lawyer wrote:
> >
> > >Mostly true but the point is that if LDP were incorporated, SCO could
> > >only sue and hold responsible those people guilty of misconduct and
> > >not sue every member. Absent laws to the contrary, it's sometimes
> > >alleged that every member of an unincorporated organization is
> > >responsible for acts of the organization, even if they were not
> > >participants in such acts.
It is also sometimes alleged that the sun revolves around the earth.
(The cited belief presupposes that judges are stupid. That may be true
locally in some situations, but is not generally so.)
> > >Fortunately, many states (California and
> > >Texas definitely do) have such laws protecting members of
> > >unincorporated nonprofit associations from such vicarious liability.
Even more fortunately, judges are not stupid.
> > Isn't copyright a federal law applicable in a federal (not state) court?
> Yes, but I think that federal courts go by applicable state law.
Copyright in the USA (like patents) is a Federal matter by Article I,
Section 8 of the Constitution. Any state statutes would be pre-empted by
Federal legislation.
