Re: Google Groups

with <v6p6og$2idvu$1@dont-email.me> Zen Cycle wrote:

On 7/11/2024 7:29 AM, Eric Pozharski wrote:

with <v6mggk$1tjtq$4@dont-email.me> Zen Cycle wrote:

On Wed, 10 Jul 2024 15:19:46 GMT, Tom Kunich <cyclintom@yahoo.com>
wrote:

This forces you to use commercial services.

Other usenet services are private for-profit. They are all
"commercial".  ES is a private non-profit _commercial_ service as
defined by the SCOTUS in a case called Tony and Susan Alamo
Foundation v. Secretary of Labor (1985) 471 U.S. 290, where a
commercial service is determined by a test of three questions:

What're "Wage & Hour Laws"?

laws regarding wages and working hour restrictions

My bad.  I've read "Wage" and "Hour" as some special people associated
with issuing "Wage & Hour Laws".

"in general, if a non-profit draws consumers from wide swaths of
society, and such consumers pay for services,

If "wide swaths of society" is understood as loose collection of
consumers for for-profit private services then -- does ES draws such
consumers?

Yes, because ES is available to anyone who has a computer or
smartphone - they don't target a certain demographic

Well, that looks familiar ("FF destroys IE user-base", "Linux is for
freeloaders" etc).

especially when some practitioners at the nonprofit charge full fees
for some of the work they do,

I'm not certain that occasional voluntary donations constitute "full
fees for some of the work".

"especially when" is not a disqualifying caveat.

That's for certain.  But does "voluntary donations" constitute "full
fees"?

it would likely be difficult for the nonprofit to deny that it was a
“commercial enterprise.” On some level, it was competing with other
“commercial enterprises,” meaning private practices, professional
corporations, or even possibly other nonprofits in the area. " Very
clearly, ES.org qualifies as a commercial service

*SKIP* [  3 lines   2 levels deep]

But!  Does ES withstand test?

*SKIP* [  2 lines   1 level deep] # these pass

3. Does the nonprofit derives an unfair advantage over others because
it does not have to comply with Wage & Hour Laws?
If ES relies exclusively on volunteer labor due to its non-profit
status, then it has a competitive advantage over an incorporated
for-profit business that is required to adhere to wage and labor laws,
so, yes.

Let's make it clear.  I'm not arguing.  I don't influence either.  I'm
asking for your competent opinion.

Is 'one-man shop with voluntary donations' equivalent with 'enterprise
relying on volunteer labor'?

*CUT* [  6 lines   2 levels deep]

--
Torvalds' goal for Linux is very simple: World Domination
Stallman's goal for GNU is even simpler: Freedom