On Thu, Jul 20, 2006 at 08:12:54PM -0500, Manoj Srivastava wrote: >Hi, > > In order to bring the constitution in line with current needs > and practices of handling assets globally, and allowing the projet to > add and remove partner organizations from the set of organizations > currently authorized to hold assets for Debian, I would like to > propose the following amendment to the Debian constitution. This had > been discussed at length last month, and suggestions and discussion > have died down. I would like to seek seconds for this proposal at > this time. Seconded. > 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 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. > >------------------------------------------------------------------------ > > manoj > >-- >(Never thought I'd be telling Malcolm and Ilya the same thing... :-) >Larry Wall in <199711071819.KAA29909@wall.org> >Manoj Srivastava <srivasta@debian.org> <http://www.debian.org/%7Esrivasta/> >1024D/BF24424C print 4966 F272 D093 B493 410B 924B 21BA DABB BF24 424C Aníbal Monsalve Salazar -- http://v7w.com/anibal
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