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

[Ivo van den Maagdenberg]

For some reason I did not receive the orginal post. Could anybody on this 
list be so kind to repost the draft agreement?

Ivo


On Mon, 14 Sep 2009, John Smith wrote:

> --- 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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