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Re: [Debconf-team] DebConf 13 legal association



On Thu, Aug 30, 2012 at 10:44:47PM +0200, Gaudenz Steinlin wrote:
> [ CCing leader@d.o as he is the one ultimately signing the DC13 -
> Debian agreement. ]

Thanks.

> *** Why do we need a legal body for DC13? ***

Agreed: we clearly need one.

> *** How this has been done in the past ***
> 
> To my knowledge there have been two modes of solving this. Either an
> already established organization was used (DC12, DC11) or a new
> organization was formed for DebConf (DC7). An agreement was signed
> between this association and Debian (signed by the DPL) that the
> organization collects and holds money for DebConf. AFAIK the organizer
> and liability issue I outlined above has been largely ignored. At least
> it has not been explicitly mentioned in the agreement I have seen for
> DC12.

FWIW, the kind of agreements that have been signed in the past have been
more like "memorandum of understanding" than real contracts. So, yes,
liability has been ignored there, but it is my understanding that it
wouldn't have been appropriate to have it in there. It probably wouldn't
have had much legal binding power anyhow.

> *** Possible solutions for DebConf 13 ***
> 
> The easiest option to form a legal body for DebConf 13 is to form an
> association (Verein) under Swiss civil law (Art. 60ff.)

I disagree with this, as I've observed in the past. For one thing, it
doesn't seem to me that it is *that* easy to create this association.
One argument is that, if it were so, it'd have already existed by now,
no? (But if the counter-argument to that is "we wanted to have an
explicit ack before proceeding", fine.)

Still, one extra association in a territory where one already exists
will undeniably increase the overall bureaucratic burden (this is a "-"
point that is surprisingly missing from the comparison on the wiki).

I repeat myself, but my preference is to reuse debian.ch, and apply to
it all sorts of "legal patching" that is needed to use it to run
DebConf13. It looks like the liability part might be useful for other
future Debian activities in Swiss in the future.

(And just in case: no, I would not consider acceptable keeping DebConf13
running after DebConf turning it into yet another Debian Trusted
Organization: Debian finances are already *too* scattered around the
world and that makes accounting a PITA. The efforts over the last 3
years have been toward consolidating, rather than the converse
direction.)

So, this is my stance, even though I presume it was already clear from
past exchanges on this matter. Nonetheless, I consider this as a DebConf
team decision. Whatever option you choose, you'll (obviously) have my
support and collaboration.

Thanks for your work in organizing DebConf13,
Cheers.
-- 
Stefano Zacchiroli  . . . . . . .  zack@upsilon.cc . . . . o . . . o . o
Maître de conférences . . . . . http://upsilon.cc/zack . . . o . . . o o
Debian Project Leader . . . . . . @zack on identi.ca . . o o o . . . o .
« the first rule of tautology club is the first rule of tautology club »

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