[Osmf-talk] Moving the OSMF to the EU?

Sebastian S. mapping at consebt.de
Sun Jul 4 13:41:40 UTC 2021


I'm leaving the reference to the Document Foundation here since Germany has not been mentioned much.

> Germany as well. "The Document Foundation" (the foundation behind Libre Office) is living proof that it is doable.

https://news.ycombinator.com/item?id=27687522

On 1 July 2021 2:03:59 am AEST, Eugene Alvin Villar <seav80 at gmail.com> wrote:
>Hello all,
>
>FYI: This mailing list thread has garnered the attention of The
>Guardian (I
>guess as part of its larger topic on Brexit):
>https://www.theguardian.com/politics/2021/jun/30/openstreetmap-looks-to-relocate-to-eu-due-to-brexit-limitations
>
>The article is discussed in various places:
>Hacker News: https://news.ycombinator.com/item?id=27685629
>Reddit (r/openstreetmap):
>https://www.reddit.com/r/openstreetmap/comments/oavsaa/openstreetmap_looks_to_relocate_to_eu_due_to/
>Reddit (r/brexit):
>https://www.reddit.com/r/brexit/comments/oara3k/openstreetmap_looks_to_relocate_to_eu_due_to/
>
>~Eugene
>
>
>On Sun, Jun 20, 2021 at 1:34 AM Guillaume Rischard <
>guillaume.rischard at osmfoundation.org> wrote:
>
>> Hi all,
>>
>> The OSMF board is considering relocating the OSMF to the EU. We
>haven’t
>> taken our decision yet, and would like to first consult its
>membership for
>> feedback, advice and whether we’ve missed anything.
>>
>> There is not one reason for moving, but a multitude of paper cuts,
>most of
>> which have been triggered or amplified by Brexit:
>>
>> • One important reason is keeping *sui generis* database rights (
>>
>https://www.gov.uk/guidance/sui-generis-database-rights-after-the-transition-period)
>> in the EU. We still have other protections, but this is a solid one
>and has
>> been useful in the past.
>> • Banking, finance and using PayPal in the UK is becoming more and
>more
>> complicated and expensive.
>> • We might be able to get charity status, and make our donations
>> tax-deductible. We paid about £6000 in tax in the last fiscal year,
>but
>> this will increase geometrically as we raise money for iD and the
>senior
>> reliability engineer job.
>> • We would be allowed to keep our .EU domains ourselves
>> • We could more effectively lobby the EU, EU governments and have
>more of
>> an impact, especially in countries where there is no local chapter.
>> • Managing membership could become easier
>> • We could more easily employ people in the EU
>>
>> The negative side is that it would mean a *lot* of work, and cost
>time
>> and money.
>>
>> Some points to consider when moving:
>>
>> • Asset transfer, especially intellectual property
>> • Will this have an effect on the contributor agreement?
>> • Porting the AoA to another legal system – adding maybe asset locks
>and
>> takeover protection mechanisms.
>> • Change membership? Does every member need to agree?
>> • Would donations be tax-free EU wide?
>> •  Move the whole foundation? A hybrid approach – keeping the “main”
>OSMF
>> in the UK and having a sister OSMF in the EU – might reduce the
>effort or
>> even work better.
>>
>> We are not focusing on a certain country yet, but have instead made a
>list
>> of criteria:
>>
>> Requirements (Must)
>>
>> • Retention of current license and contributor terms
>> • Legal successor to OSMF corporation if/when the OSMF is dissolved
>> • Formal non-profit status so we don’t pay income tax
>> • No requirement for any director to be resident in country of
>> incorporation (this excludes Ireland)
>> • Relevant laws permit bank accounts to be held by resident
>non-profits
>> with non-resident members and directors
>> • Communication in English with banks and local authorities is
>possible
>> (this probably excludes France)
>> • Democratic control. One-person-one-vote
>> • Ability to have “members”/directors from all (nearly all?)
>countries
>> • EU sui generis database protection
>>
>> Highly desirable (Should)
>>
>> • Tax-deductible donations
>> • Low cost of transferring assets from the UK
>> • Minimal overhead and reporting requirements
>> • Legal structure easy to understand for community members, donors,
>and
>> the public
>> • Ability to employ people
>> • AoA can be written in English
>> • Accounting can be done in English
>> • Banking available in EUR, GBP and USD
>> • Banking available fully in English
>> • Low non-profit maintenance costs
>> • Ability to take donations from 501c3 charities in the US
>>
>> Desirable (Could)
>>
>> • English-language legal system
>> • Low incorporation cost
>> • Corporate address can be maildrop for forwarding
>>
>> What do you think? Is there anything we’ve missed? Have we missed
>easier
>> ways of solving some of our issues?
>>
>> Thanks,
>>
>> Guillaume (treasurer) and the rest of the OSMF board
>>
>> _______________________________________________
>> osmf-talk mailing list
>> osmf-talk at openstreetmap.org
>> https://lists.openstreetmap.org/listinfo/osmf-talk
>>
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