Aloha

Thanks for taking the time to reply and to provide some opinion and insight on the matter. I removed the HOSEF-announce list in this reply only because we try to keep it announce focused only. With respect to LUAU, I'll keep this reply pretty tidy and encourage those interested in the bigger discussion of HOSEF to join us on hosef-managers at lists.hosef.org.

HOSEF, its vision, name, purpose, and early planning were born on LUAU as a public entity. We achieved 501(c)(3) exemption because we defined certain exempt purposes for which we would operate, literally, right down to what percentage of our time we would be engaged in those activities. It was at that point that we set out to see HOSEF fulfill these exempt purposes or cease to exist.

Life Cycle of a Public Charity - Jeopardizing Exemption

http://www.irs.gov/charities/charitable/article/0,,id=123299,00.html

I have been faulted by many these last 6 years for being too focused on the hardware. This is hardly the first time that someone has gotten involved and said 'gee, that's a lot of metal you are moving, let's quit that.' It's a natural reaction, and I take responsibility for not being more explicit that it is simply my legal duty to adhere to the guidelines under which the IRS allowed us to organize. I am a bit like a mule when it comes to grinding out duty, and I do my best to have fun with it.

There is no question that we need opportunities for people to get involved with FOSS in Hawaii without even knowing the name of HOSEF. To that end I'll be following this email with some news about moving LUAU and the need for some leadership from one of you in the new Ubuntu LoCo that has fallen into our lap. I encourage anyone to do anything they want to promote and sustain the use of FOSS, and I'll help with all my heart.

HOSEF has a legally defined mission to promote and sustain the use of FOSS by advocacy, outreach, and the use of previously discarded hardware. If we don't do this, we don't exist. There's a lot of good we accomplish and projects that we have initiated. I respect that it is not what everyone wants to do. As long as it is around, though, the world is better served when people help, volunteer, become members, serve as Directors, and share in an understanding of why we exist in the first place. There is so much good to be done with aloha, collaboration, and building rather than destroying.

Other than imploring LUAU now and perhaps on rare other occasions about ways to get involved, I'll trust that if any of HOSEF matters to you then you'll subscribe to one of our mailing lists at lists.hosef.org

--scott

--
R. Scott Belford
Founder/Executive Director
The Hawaii Open Source Education Foundation
P.O. Box 2644
Ewa Beach, HI 96706
808.689.6518 phone/fax
[EMAIL PROTECTED]


Jim Thompson wrote:
Scott,

With respect, I submit that HOSEF (as a board and membership) should consider exiting the "eWaste" business, re-writing the governance documents as needed to effect this change. As an "Open Source Education Foundation", HOSEF's mission should be advocacy and awareness, not entitlement or the environment. While HOSEF has traditionally had a foot in both waters, the time may have come for HOSEF to "spin off" the eWaste side of things into a new, purpose-driven entity, with all its wood behind one arrowhead. In this manner, both can proceed forward.

I have grave concerns that should HB 2509 and SB 2843 pass, and be signed into law, that HOSEF could fall afoul of the "manufacturer" designation, and most certainly be a "retailer", (you've already arranged for storefront), and thus be "on the hook" for paying the "fees" associated with these bills. Cheap PCs? Fugetaboutit.

California's equivalent law is structured such that the manufacturer and consumer bear the fees, and doesn't make a hobbyist, building a few computers in his basement for family and friends subject to an annual $5,000 fee. Consider the impact on the small and medium business were all 50 states to pass a law like that proposed in Hawaii. Such an entity would end up paying $250,000 per year just to be in business.

SB 2843 and HB 2509 *CAN'T* pass if Hawaii is to have a hi-tech industry. Their combined weight, as law, would bomb the struggling computer industry in Hawaii back to the stone age.

Also, a newer PC may end up doing far less harm *long-term* to the environment, never mind the new 'lead-free' stuff, it may end up using far less power than the P4 you've got vibrating in the corner. Anyone up for a head-to-head PowerTop <http://opensolaris.org/os/project/tesla/Work/Powertop/> cage bout? My 'new' (last year's) Linux deskside is down to 18 or so wakeups/s when idle. But I'm still dorking around with the kernel .config so that number might move by the time I have things the way I want them. Lots of time in deep C states, and the CPU area is cool to the touch.

And who else finds it curious that Digital TV becomes mandatory February 17, 2009, and this law will have come into effect? Seems like a "cash grab" to me. Want a new TV? They're far more expensive in Hawaii, and not just due to shipping! Moreover, it does *nothing* to reduce the incredible number of TVs that will end up in the landfill(s) as people "turn over" with the DTV transition.

All, please call your senator and representative and express a "No Way!" on these bills.

To be clear, I think the goal of reducing eWaste covered by SB 2843 and HB 2509 is worthy, but the structure of both bills is a long way from a solution that is good for Hawaii.

Jim
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