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Re: Constitutional Amendment GR: Handling assets for the project



Hi,

        Here is the latest draft of the proposal. I have accepted most
 of the suggestions offered on the mailing lists; I think they have
 been mostly editorial, with cleanup of the language, and
 typographical changes, with no substantive differences from the last
 draft.

        However, given my track record WRT editorial changes to
 foundation documents, people ought to be examining this draft
 _before_ the vote rather than afterwards :)

 At last count, the following had sconded the previous draft, I hope
 there is no problem with the changes made with this version.

 1) Steve Langasek          <vorlon@debian.org>
 2) Martin Wuertele         <maxx@debian.org>              (unsigned message)
 3) Aníbal Monsalve Salazar <anibal@debian.org>
 4) Ian Jackson             <ian@davenant.greenend.org.uk> (unsigned message)
 5) "Benj. Mako Hill"       <mako@debian.org>
 6) Adrian von Bidder       <cmot@debian.org>
 7) Alexander Zangerl       <az@snafu.priv.at>              Key expired
        manoj

------------------------------------------------------------------------
 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 is not a legal entity (in any country in the world), and as such
+  cannot own any money or other property. Therefore, property has
+  to be ownedby any of a number of organisations as detailed in
+  §9.2
+
+   Traditionally, SPI was the sole organisation 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. 

+   9.1 Relationship with Associated Organizations
+
+     1. Debian Developers do not become agents or employees of
+        organisations 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 organisations may, of their own accord,
+        establish relationships with individuals who are also Debian
+        developers.

+   9.2. Authority

+    1. An organisation 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 organisation shall require it to act outside its legal
+       authority. An exception to asset-holding organisations not having
+       any authority regarding decisions taken by the Debian project is that
+       that Debian's constitution may occasionally use SPI as a 
+       decision body of last resort (see § 7.2).
+    2. Debian claims no authority over an organisation 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 organisation, subject to the
+       organisation's 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 organisations designated by the Project leader (or a delegate)
+   to be authorized to handle assets  to be used for the Debian
+   Project. Such authorization, or its withdrawal, and annual reports
+   of Debian-related activities by such organisations 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. 
+
+   Organisations holding assets in trust for Debian should
+   undertake reasonable obligations for the handling of such
+   assets.
+
+    As an example of best practice at the time of writing,
    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.

------------------------------------------------------------------------

        manoj

-- 
index, n.: Alphabetical list of words of no possible interest where an
alphabetical list of subjects with references ought to be.
Manoj Srivastava   <srivasta@debian.org>  <http://www.debian.org/%7Esrivasta/>
1024D/BF24424C print 4966 F272 D093 B493 410B  924B 21BA DABB BF24 424C

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