On Friday 21 July 2006 03:12, Manoj Srivastava wrote:
> ------------------------------------------------------------------------
> 4. The Developers by way of General Resolution or election
> 4.1. Powers
> Together, the Developers may:
> - 6. Together with the Project Leader and SPI, make decisions about
> - property held in trust for purposes related to Debian. (See
> §9.1.)
>
> ========================================================================
> 4. The Developers by way of General Resolution or election
> 4.1. Powers
> Together, the Developers may:
> + 6. Together with the Project Leader make decisions about
> + property held in trust for purposes related to Debian. (See
> + §9.). Such decisions are made by announcement on a
> + electronic mailing list designated by the Project Leader
> + or their Delegate(s), which is accessible to all developers.
> -------------------------------------------------------------------------
>
> ------------------------------------------------------------------------
> 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.
>
> -------------------------------------------------------------------------
>--
>
> -9. Software in the Public Interest
>
> SPI and Debian are separate organisations who share some goals.
> Debian is grateful for the legal support framework offered by SPI.
> Debian's Developers are currently members of SPI by virtue of their
> status as Developers.
>
> - 9.1. Authority
> -
> - 1. SPI has no authority regarding Debian's technical or nontechnical
> - decisions, except that no decision by Debian with respect to any
> - property held by SPI shall require SPI to act outside its legal
> - authority, and that Debian's constitution may occasionally use
> SPI - as a decision body of last resort.
> - 2. Debian claims no authority over SPI other than that over the use
> - of certain of SPI's property, as described below, though Debian
> - Developers may be granted authority within SPI by SPI's rules.
> - 3. Debian Developers are not agents or employees of SPI, or of each
> - other or of persons in authority in the Debian Project. A person
> - acting as a Developer does so as an individual, on their own
> - behalf.
>
> - 9.2. Management of property for purposes related to Debian
>
> - Since Debian has no authority to hold money or property, any
> donations - for the Debian Project must be made to SPI, which manages
> such - affairs.
>
> SPI have made the following undertakings:
> 1. SPI will hold money, trademarks and other tangible and intangible
> property and manage other affairs for purposes related to Debian.
> 2. Such property will be accounted for separately and held in trust
> for those purposes, decided on by Debian and SPI according to
> this section.
> 3. SPI will not dispose of or use property held in trust for Debian
> without approval from Debian, which may be granted by the Project
> Leader or by General Resolution of the Developers.
> 4. SPI will consider using or disposing of property held in trust
> for Debian when asked to do so by the Project Leader.
> 5. SPI will use or dispose of property held in trust for Debian when
> asked to do so by a General Resolution of the Developers,
> provided that this is compatible with SPI's legal authority.
> 6. SPI will notify the Developers by electronic mail to a Debian
> Project mailing list when it uses or disposes of property held in
> trust for Debian.
>
> ========================================================================
> +9. Assets held in trust for Debian
>
> + Debian has no legal presence in any country worldwide, and as such
> + cannot maintain any money or other property. Therefore, property will
> + have to be maintained by any of a number of organizations as detailed
> in + §9.2
> +
> + Traditionally, SPI was the sole organization authorized to hold
> + property and monies for the Debian Project. SPI was created in
> + the U.S. to hold money in trust there.
> SPI and Debian are separate organisations who share some
> goals. Debian is grateful for the legal support framework offered
> by SPI. Debian's Developers are eligible for contributing
> membership in SPI by virtue of their status as Developers.
>
> + 9.1 Relationship with Associated Organizations
> +
> + 1. Debian Developers do not become agents or employees of
> + organizations holding assets in trust for Debian, or of
> + each other, or of persons in authority in the Debian Project
> + solely by the virtue of being Debian Developers. A person
> + acting as a Developer does so as an individual, on their own
> + behalf. Such organizations may, of their own accord,
> + establish relationships with individuals who are also Debian
> + developers.
>
> + 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.
>
> + 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.
> +
> + It would be preferable if the organizations holding assets in
> + trust for Debian undertake certain obligations for the handling of
> + such assets, as an example:
> SPI have made the following undertakings:
> 1. SPI will hold money, trademarks and other tangible and intangible
> property and manage other affairs for purposes related to Debian.
> 2. Such property will be accounted for separately and held in trust
> for those purposes, decided on by Debian and SPI according to
> this section.
> 3. SPI will not dispose of or use property held in trust for Debian
> without approval from Debian, which may be granted by the Project
> Leader or by General Resolution of the Developers.
> 4. SPI will consider using or disposing of property held in trust
> for Debian when asked to do so by the Project Leader.
> 5. SPI will use or dispose of property held in trust for Debian when
> asked to do so by a General Resolution of the Developers,
> provided that this is compatible with SPI's legal authority.
> 6. SPI will notify the Developers by electronic mail to a Debian
> Project mailing list when it uses or disposes of property held in
> trust for Debian.
>
> ------------------------------------------------------------------------
seconded
-- vbi
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