[Foundation-l] what do we do in the event the Foundation fails? - Re: Pol...

[Andrew Gray]

On 18/04/07, Erik Moeller <erik at wikimedia.org> wrote:
> On 4/19/07, daniwo59 at aol.com <daniwo59 at aol.com> wrote:
> >
> > Legal question. Can a DSO for a 501 c 3 be an overseas organization?
>
> IANAL, but since it would be a very limited agreement ("In the event
> of WMF being unable to continue operations for a period of 4 weeks,
> organization X is given permission to .." - use the brand, user
> account data, etc.) I don't see why not. It would be not fundamentally
> different from a trademark use agreement.

It strikes me that it's only really an interim measure if we have to
"suspend work" - it would fall apart as soon as the Foundation proper
does. If the Foundation is sued out of existence, its assets will go
to its creditors, and the biggest asset of all is the name and the
goodwill etc.

It would be a very odd creditor which accepted an old agreement that
"in the event of us folding we will transfer this outright to such and
such" as still binding, surely?

[Usual disclaimers apply - but I do feel there's something odd here]

-- 
- Andrew Gray
  andrew.gray at dunelm.org.uk