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Re: Constitutional Amendment GR: Handling assets for the project



I second this amendment with (or without) the minor corrections
suggested below.


Don Armstrong

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.
> 
> 
> ------------------------------------------------------------------------
> 
>         manoj

> 
> -- 
> The only way to learn a new programming language is by writing
> programs in it. Brian Kernighan
> Manoj Srivastava   <srivasta@debian.org>  <http://www.debian.org/%7Esrivasta/>
> 1024D/BF24424C print 4966 F272 D093 B493 410B  924B 21BA DABB BF24 424C

-- 
There are two types of people in this world, good and bad. The good
sleep better, but the bad seem to enjoy the waking hours much more.  
 -- Woody Allen

http://www.donarmstrong.com              http://rzlab.ucr.edu

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