<br><div class="gmail_quote">2010/1/22 Eugene Alvin Villar <span dir="ltr"><<a href="mailto:seav80@gmail.com">seav80@gmail.com</a>></span><br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;">
Hello,<br><br>I have issues with this clause:<div class="im"><br><br><blockquote style="border-left:1px solid rgb(204, 204, 204);margin:0pt 0pt 0pt 0.8ex;padding-left:1ex" class="gmail_quote">3.3 The Federated Organisation OpenStreetMap members will
automatically become members, with all the associated rights and
obligations, including specifically voting rights, of any ordinary
Foundation member.<br></blockquote></div><div><br>Does this mean that the Local Chapter will have to pay membership dues per member to the OSM-F (even if the fee is adjusted via PPP)? Wouldn't this complicate financial records especially given the disparate financial systems of different countries?<br>
</div></blockquote><div><br></div><div>Yes, the Local Chapter will need to pay fees to the Foundation. The current proposal to handle this is that a local chapter needs to pay a yearly fee based on the number of members it has on the 1st January of that year. This will reduce the amount of transactions to one per year. Also, for every new member during a year the local chapter does not need to pay a membershipfee to the Foundation. </div>
<div> </div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;"><div>
<br>Also this one:<br><br><blockquote style="border-left:1px solid rgb(204, 204, 204);margin:0pt 0pt 0pt 0.8ex;padding-left:1ex" class="gmail_quote">4.2 the Federated
Organisation will cede control of all web presence that references
OpenStreetMap including but not limited to domain names, forums,
mailing lists to the Foundation.<br></blockquote><div><br>I don't see why the OSM-F automatically has rights to these when the agreement is terminated. While there is a case for trademark infringement, each country has its own trademark laws and each country's registrar has its own dispute resolution mechanisms.<br>
<br></div></div></blockquote><div><br></div><div>We hope the termination clause needs never to be used. However, if there ever comes a time that an agreements has to be terminated, the Foundation needs to be able to make an agreement with another organization to become Local Chapter. The Foundation can not comply with section 1.1 when the former organization still owns all the rights.</div>
<div> </div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;"><div><div><br>It seems that these will just discourage local chapters from going into an agreement with OSM-F. I would imagine that potential local chapters would just prefer to be completely independent instead.<br>
</div></div></blockquote><div><br></div><div>In all honesty: what did you expect? If a Ford car dealership ceases to be a Ford dealer, it also needs to remove the name Ford of its building.... </div><div> </div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;">
<div><div> </div></div></blockquote><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;"><div><div>I very much prefer the local chapter structure adopted by the Wikimedia Foundation.<br>
</div></div></blockquote><div><br></div><div>Well, in that case the *individual* members cannot elect the boardmembers of the Foundation. And they also cannot votes on other major issues within the Foundation (e.g. the recent vote on license-change amongst members of the Foundation). The Wikimedia Foundation does not accept individual members....</div>
<div> </div><div>Cheers,</div><div>Henk</div></div>