* Manoj Srivastava <srivasta@debian.org> [2006-07-22 01:10]: > 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) signed now > 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. > > ------------------------------------------------------------------------ signed seconded :) Martin -- <maxx@debian.org> ---- Debian GNU/Linux - The Universal Operation System Wie bei Frauenparkplätzen. Da stehen auch immer nur Autos. Scheint so dass die Männer ihre Frauen doch immer mitnehmen. -- Martin Hotze in de.alt.sysadmin.recovery
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