[OSM-talk] OSMF elections

[Anthony]

On Fri, Aug 26, 2011 at 9:43 AM, Martin Koppenhoefer
<dieterdreist at gmail.com> wrote:
> 2011/8/26 Anthony <osm at inbox.org>:
>>> yes, this clarifies the gift, but still I think that board members
>>> indeed do have to act within the best interest of OSMF and OSM as a
>>> whole (whatever this is, asuming good faith).
>> All the time?
>
> of course, as long as they are a board member and maybe in some
> concerns also for the time after.

I'm not sure why you say "of course".  I would have thought the answer
was "of course not".

What is your basis for this?

>>> IMHO if you are a board
>>> member you can't act as a private individual when it comes to stuff
>>> concerning the OSMF.
>> "concerning the OSMF" is awfully broad, as is "act as a private
>> individual".  Are you really suggesting that a board member is acting
>> other than as a private individual when s/he does something which
>> affects the OSMF?
>
>
> how can you state the opposite?

I haven't stated the opposite.

>> Is a board member acting as an agent of the OSMF
>> every time s/he edits OSM,
>
> not sure if this matters, as OSMF declared not to deal with
> mapping/tagging besides copyright infringement

It matters because if it is not true, then it disputes your humble
opinion which you gave earlier.

>> or throws a mapping party
>>, or lets someone
>> borrow his computer in order to edit, or drives someone to SOTM?
>
> I'd say yes, but doesn't matter either

It certainly matters.  For one thing, OSMF is liable for the actions
of people who are acting as their agents.  For instance, if, while
acting as an agent of the OSMF while driving someone to SOTM, that
board member got into a car accident, the injured parties could sue
OSMF.

That said

>> Or
>> is there something else this board member is acting as, other than as
>> a private individual or as an agent of the OSMF?
>
> what do you suggest?

I'm not suggesting anything with regard to that question.

As for the obligations of board members, while they are generally not
allowed to act in a way which harms the organization of which they are
a board member, and are not allowed to *use, for personal purposes,
confidential information* which they obtained via their status as a
board member, they are under absolutely no obligation to act in the
best interests of the board in everything they do!  That would be
absurd.

Furthermore, *even if they were* obligated to act in the best
interests of the board in everything they do, that *still* would not
imply that they aren't allowed to sponsor the membership applications
of selected individuals, i.e. give them money with which to apply for
membership.