On Fri, Jul 21, 2006 at 06:05:38PM -0500, Manoj Srivastava wrote: >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. Seconded. > 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 Aníbal Monsalve Salazar -- http://v7w.com/anibal
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