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Re: Constitutional Amendment GR: Handling assets for the project



* Manoj Srivastava (srivasta@debian.org) [060721 03:21]:
> ------------------------------------------------------------------------
>  5. Project Leader
>    5.1. Powers
>     The Project Leader may:
> -   10. Together with SPI, make decisions affecting property held in trust
> -       for purposes related to Debian. (See §9.)
> 
> ===========================================================================
>  5. Project Leader
>    5.1. Powers
>     The Project Leader may:
> +   10. In consultation with the developers, make decisions affecting
> +       property held in trust  for purposes related to Debian. (See
> +       §9.). Such decisions are made by announcement on a
> +       publicly-readable electronic mailing list designated by the
> +       Project Leader's Delegate(s); any Developer may post there.

This is a different change. E.g. know the DPL/Delegates could do
decisions without posting to a public mailing list, which wouldn't work
after this change. Of course, important decisions should always happen
in public, but I e.g. don't mind if Debian decides to pay a few euro to
buy a new NIC card for a server.


> +9. Assets held in trust for Debian
> 
> +  Debian has no legal presence in any country worldwide, and as such

See Ian's comments on "presence" - and BTW it is not true that Debian is
not a legal entity, but I don't mind too much.

> +  cannot maintain any money or other property. Therefore, property will
... property directly. ?
> +  have to be maintained by any of a number of organizations as detailed in
> +  §9.2

> +   9.2. Authority
> 
> +    1. An organization holding assets for Debian has no authority
> +       regarding Debian's technical or nontechnical decisions, except
> +       that no decision by Debian with respect to any property held
> +       by the organization shall require it to act outside its legal
> +       authority. An exception is that Debian's constitution may
> +       occasionally use SPI as a decision body of last resort.
> +    2. Debian claims no authority over an organization that holds
> +       assets for Debian other than that over the use of property
> +       held in trust for Debian. Debian Developers may be granted
> +       authority within such an organization, subject to the
> +       organizations decision and rules.

Hm, there are perhaps organizations that give Debian more influence.
I read this change as that this wouldn't be an issue (but we just don't
enforce this).


> +   9.3. Management of property for purposes related to Debian
> 
> +   Debian has no authority to hold money or property, any
> +   donations for the Debian Project must be made to any one of a set
> +   of organizations designated by the Project leader (or a delegate)
> +   to be authorized to handle such things in name of the Debian
> +   project. Such authorization, or its withdrawal, and annual reports
> +   of activities by such organizations on behalf of Debian must be
> +   published by announcement on a publicly-readable electronic
> +   mailing list designated by the Project Leader or their  Delegate(s);
> +   any Developer may post there. 

That's a new thing which wasn't the case up to now, at least not for
!spi.


Cheers,
Andi
-- 
  http://home.arcor.de/andreas-barth/



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