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Re: Constitutional Amendment GR: Handling assets for the project



also sprach Don Armstrong <don@debian.org> [2006.08.22.1817 +0100]:
> I second this amendment with (or without) the minor corrections
> suggested below.

So do I, in case you still need seconders.

> On Tue, 22 Aug 2006, Manoj Srivastava wrote:
> Content-Description: draft GR
> > ------------------------------------------------------------------------
> >  4. The Developers by way of General Resolution or election
> >    4.1. Powers
> >     Together, the Developers may:
> > 
> > -   3. Override any decision by the Project Leader or a Delegate.
> > -   4. Override any decision by the Technical Committee, provided they
> > -      agree with a 2:1 majority.
> > 
> > -    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:
> > +   3. Make or override any decision authorised by the powers of the Project 
> > +      Leader or a Delegate.
> > +   4. Make or override any decision authorised by the powers of the Technical 
> > +      Committee, provided they agree with a 2:1 majority.
> > 
> > +    6. Make decisions about property held in trust for purposes
> > +       related to Debian. (See §9.).  
> > +    7. In case of a disagreement between the project leader and in
> 
> Suggest s/in$//
> 
> > +       the incumbent secretary, appoint a new secretary.
> > -------------------------------------------------------------------------
> > 
> > ------------------------------------------------------------------------
> >  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 announced on an electronic mailing 
> > +       list designated by the Project Leader or their Delegate(s), 
> > +       which is accessible to all developers.  Major expenditures 
> > +       should be proposed and debated on the mailing list before
> > +       funds are disbursed.
> > +   11. Add or remove organizations from the list of trusted
> > +       organizations (see §9.3) that are authorized to accept and
> > +       hold assets for Debian. The evaluation and discussion leading
> > +       up to such a decision occurs on an electronic mailing list
> > +       designated by the Project Leader or their Delegate(s), on
> > +       which any developer may post. There is a minimum discussion
> > +       period of twoo weeks before an organization may be added to
> 
> s/twoo/two/
> > +       the list of trusted organizations.
> > ---------------------------------------------------------------------------
> > ---------------------------------------------------------------------------
> > 7. The Project Secretary
> >   7.2. Appointment
> >    If the Project Leader and the current Project Secretary cannot agree
> > -  on a new appointment they must ask the board of SPI (see §9.1.) to
> > -  appoint a Secretary.
> > ===========================================================================
> > 7. The Project Secretary
> >   7.2. Appointment
> >    If the Project Leader and the current Project Secretary cannot agree
> > +  on a new appointment, they must ask the Developers by way of
> > +  General Resolution to appoint a Secretary.
> > ---------------------------------------------------------------------------
> > 
> > ------------------------------------------------------------------------
> > -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
> > 
> > +  In most jurisdictions around the world, the Debian project is not
> > +  in a position to directly hold funds or other property. Therefore,
> > +  property has to be ownedby any of a number of organisations as
> s/ownedby/owned by/
> > +  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. 
> > +    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. 
> > 
> > +   9.3. Trusted organisations
> > 
> > +   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. 
> > +
> > +   Organisations holding assets in trust for Debian should
> > +   undertake reasonable obligations for the handling of such
> > +   assets.
> > +
> > +   Debian maintains a public List of Trusted Organisations that
> > +   accept donations and hold assets in trust for Debian
> > +   (including both tangible property and intellectual property)
> > +   that includes the commitments those organisations have made as
> > +   to how those assets will be handled.

-- 
Please do not send copies of list mail to me; I read the list!
 
 .''`.     martin f. krafft <madduck@debian.org>
: :'  :    proud Debian developer, author, administrator, and user
`. `'`     http://people.debian.org/~madduck http://debiansystem.info
  `-  Debian - when you have better things to do than fixing systems
 
"common sense is the collection of prejudices
 acquired by age eighteen."
                                                    -- albert einstein

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