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Re: [jakarta.ee-community] Fwd: [eclipse.org-members-committers] Reminder: Committer and Member Town Hall

Personally, I do not think cross-posting should be encouraged, so I won't repeat my complete response here, other than to say that there is zero cause for concern. Anyone who is interested in the complete response can see it over on the MP list at https://groups.google.com/g/microprofile/c/i3qT0Me3D1Q/m/Ry08WhknAQAJ

For those who are interested, the town hall video is available at: https://youtu.be/ucKo_GI3nYI

Thanks.

On 2020-08-26 7:39 p.m., Werner Keil wrote:
Sorry but this sounds more like some weird conspiracy theory.

What the move to Belgium seems to make easier is not being at risk of rogue measures by the US government and president because of members from China.
Whether it's Tik Tok, Huawei (also a strategic Eclipse Foundation Member) or other Trump vendettas against China which may well affect e.g. Jakarta EE vendors like Primeton or Kingdee and say force Oracle to take over their US business, just like we see with Tik Tok right now.

The EU also goes against IT companies but I am not aware that it would be for protectionist reasons or private gain of any European politician.

The US is far behind Europe on Data Privacy with regulations like the GDPR, so Eclipse Foundation and its members are better protected than in the US where infrastructure like servers also moves to Europe.

I am not familiar with US bills from the time of Al Capone, but even if the Presidential Election might change something in the US next year the benefits of better Data Privacy and no longer being under the knout of the US government sounds like a win-win situation also for Eclipse members compared to the theoretical threat of Eclipse Foundation suddenly establishing industrial operations like making chewing gum ;-)

Werner 




On Thu, Aug 27, 2020 at 12:51 AM Amelia Eiras <aeiras@xxxxxxxxxxxxx> wrote:

The message below is currently held under moderation ~  +2,100 Eclipse committer mailing list.  The message contains my question & comments about the Foundation moving from the USA not-for-profit to a Belgium entity.   

I recommend anyone who can attend the call to ask related questions.


---------- Forwarded message ---------
From: Amelia Eiras <aeiras@xxxxxxxxxxxxx>
Date: Wed, Aug 26, 2020 at 3:41 PM
Subject: Re: [eclipse.org-members-committers] Reminder: Committer and Member Town Hall
To: Eclipse Membership and Committer List <eclipse.org-members-committers@xxxxxxxxxxx>


Hola Eclipse Committer Community, 

Sadly, I won't be able to attend tomorrow's call, so I am sending my question and the comments below in advance.  Thank you for adding my question as the set of questions to answer during the call.  I see no public agenda welcoming this message, I hope this satisfies the on point message that is needed in this forum when dealing with the topic at hand.  

Non-profit vs For profit ORGs in Belgium is a May 1st, 2020 blog article that matters greatly to help everyone in the Eclipse Community understand the actual impact about the Foundation moving from a Delaware, USA- not-for-profit Foundation to a non-profit foundation in Belgium. It matters if you know about the March 23rd 2019 change of law that affects how Non-profit organisations used to be governed by the act of 1921.  

Article: 
“A private [Belgium] foundation can conduct commercial operations without distinction between principal and ancillary activities (under the law of 1921, the non-profit association could not conduct these activities). However, this difference between the two forms of entities has disappeared with the entry into force of the CAC [introduced on 23 March 2019]. 
Further, and in a similar fashion to the non-profit association, the profits generated by the activities of the foundation must be allocated to the implementation of the aim of the foundation, and not distributed to the founders or directors.“

Question:
Who will guarantee that the Foundation doesn't conduct business as a for-profit using the removal of March 2019 law change? 

See below the actual freedom to run the Foundation as a for profit under the new Belgium law:
Article: 
Although the [Belgium] non-profit association must refrain from distributing profits to its members, it has complete freedom to conduct commercial or industrial operations, whether they are ancillary or not (CAC). This is a drastic modification, as under the law of 1921, non-profit associations were not allowed to conduct industrial or commercial operations.

Thank you for answering this question on the call &/or via public writing that ought to arrive to the +2,100 EF Committers. 




On Wed, Aug 26, 2020 at 11:04 AM Mike Milinkovich <mike.milinkovich@xxxxxxxxxxxxxxxxxxxxxx> wrote:

All,

I would like to remind you that our member and committer town hall is tomorrow at 13:30 - 15:00 UTC / 9:30 - 11:00 EDT. Please see additional details below.

We are scheduling two membership town hall meetings to explain the details of the Eclipse Foundation's move to Europe and to provide details on the impact and benefits to our members.  These town halls will provide an opportunity for you, as members and committers, to ask any questions you have, and to learn more about the timing and implementation of the move.

We invite all committers, members, their employees and representatives, to join one or both of the town hall meetings. The agenda for both meetings will be the same.

The town halls are scheduled for the following date and times, and with the link to the meetings:

We invite all of you to add these dates to your calendars, and to join us in the discussion.

--

Mike Milinkovich

Executive Director | Eclipse Foundation, Inc.

mike.milinkovich@xxxxxxxxxxxxxxxxxxxxxx

@mmilinkov

+1.613.220.3223 (m)

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--

Mike Milinkovich

Executive Director | Eclipse Foundation, Inc.

mike.milinkovich@xxxxxxxxxxxxxxxxxxxxxx

@mmilinkov

+1.613.220.3223 (m)

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