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Re: Constitutional Amendment GR: Handling assets for the project



2nd'd, also with Don's amendments.

Note that the 'in consultation' bit is still in - it could be still clearer 
that the DPL may on his own take the decisions.  But it's improved over the 
prev. version.

cheers
-- vbi

On Tuesday 22 August 2006 18:46, Manoj Srivastava wrote:
> ------------------------------------------------------------------------
>  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
> +       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
> +       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
> +  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.
>
>
> ------------------------------------------------------------------------

-- 
Delta: We never make the same mistake three times.   -- David Letterman

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