[Local-chapters] Draft OpenStreetMap Local Chapter Agreement v0.2

John Smith deltafoxtrot256 at gmail.com
Mon Sep 14 14:47:58 BST 2009


--- On Mon, 14/9/09, Cragg Nilson <cragg.nilson at gmail.com> wrote:

> 1.2 The Federated Organisation has the status of a
> federated member of the Foundation.  If in the opinion of
> the Foundation the Federated Organisation ceases to be
> viable, for example if it represents fewer than 25 members,
> then at the discretion of the Foundation it's status as
> a Federated Organisation may be terminated.

When did it go from 20 to 25?

> 3.2 The Federated Organisation may be required by the
> Foundation to provide local services to its members.

Such as? On what condition etc? This seems a little open ended. Is
there an option for the LC to object or contest?

> 3.4 the Federated Organisation will permit the Foundation
> or its duly elected representative to inspect, on request,
> copies of the Federated Organisation's membership
> records, financial accounts and other records.

This is bound to be a legal mine field with respect to privacy laws in
various countries.

> 4 Termination
> This agreement is terminated by either party giving 90 days
> notice.  In the event of a material breach of this
> agreement by the Federated Organisation, this agreement may
> be terminated immediately.

By whom?

> 4.1 All members of the Federated Organisation automatically
> become full members of the Foundation for the remaining
> duration of their term of membership.

Wasn't this agreed upon at the last teleconference to remove this
condition because it was contentious?

> 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.

I think you left out a bit that states if the agreement is terminated,
crossing t's dotting i's etc. However there should be a limit of what
can be taken over by OSM-F, and under what circumstance, this seems to
be a fair bit over zealous that everything suddenly becomes the
property of a UK based organisation, not to mention the enforceability
is a little on the dubious side of things.

At this point in time I would never agree to such terms and conditions
as they are too onerous, there is no mention of adjudication or other
forms of independent refereeing etc, it just strips one org of all
rights at the say so of another org.




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