On 15.04.2015 00:54, hellekin wrote: > *** It's a step in the right direction. I would make it a bit clearer: > Ceata would hold the funds for a period suitable for the Parabola > community to agree on a successor, which cannot exceed, e.g., 9 months. > If this succession does not occur within this reasonable time, then the > funds should be transferred to an entity supportive of software freedom, > either Ceata or another non-profit organization elected by the Parabola > Community.
If by "transfer" you mean "no strings-attached donation" (you refer to it as "donation" in the second paragraph), then yes. Ceata is a free software organization, so other free software organization would have no reason to reject a donation on behalf of Parabola (or Ceata to make the donation) if it has no strings attached. Ceata can keep the funds blocked for 9 months and if a Successor is still not communicated by the Delegate, then we donate the funds to the free software organization the Delegate tells us to. > This latter part is to protect the Parabola Community in the improbable > case of a conflict arising between the two parties. I don't think it > will happen, but I would feel better if the community would make the > decision whether to donate to Ceata or another entity (e.g., the FSFE). Please note that if at some point funds are to be transferred to FSF*E*, then it certainly is the last stop for that money, because FSFE can only accept donations and spend money on behalf of other projects, but can't transfer it to another organization (they are an association with special status under German law which puts them under this kind of restrictions). > That removes the incentive of non-cooperation on both sides: if > Parabola won't find a successor, they contribute to software freedom. > If Ceata doesn't think Parabola is doing a good job, they can't capture > the funds either. Agreed. However, I want to be clear and make you aware of the following fact, because I've noticed you use the party "Parabola Community" when talking about this agreement. Parabola is self-governed and it's its responsibility to appoint Delegates who won't abuse power. According to this agreement, Ceata has no way of stopping a Delegate from making an abuse (asking on behalf of Parabola to buy a new monitor for himself, to be delivered at his home, regardless of the fact the Parabola community might not be aware of this and regardless of the fact that Parabola community wouldn't agree with it on some mailing list; if the community decides to revoke him and appoint another Delegate, Ceata still needs the cooperation of the former Delegate, to sign-off the amendment relinquishing him of the responsibility and replacing herself/himself with the new Delegate. If Ceata tries to stop the abuse, then the best it can do is say we want to stop this collaboration and ask for a Successor. The Delegate, having bad intentions, can refuse to communicate a Successor to Ceata, regardless if Parabola has actually found one. 2 months pass, the funds get blocked for another 9 months and then Ceata asks for an organization to donate Parabola funds to. The Delegate doesn't appoint any. If there is no default put in place (Free Software Foundation, but this time it's okay to have a default, it's not a Successor, it's just the recipient of a donation) then the money are "captured" by Ceata, which is not okay. So we can change this to: * 2 months passed without a Successor being nominated by the Delegate and/or the Successor doesn't agree, it's not tax-exempt etc. * 9 months passed with the money blocked at Ceata, no Successor communicated by the Delegate * Ceata donates the money to FSF, Parabola loses some money on the transfer and can kindly ask FSF if they want to become their fiscal sponsor. But you have to understand that the Delegate has the power to spend money as (s)he sees fit, block the succession of a new Delegate, block the succession of a new fiscal sponsor and block Parabola funds. What do you want to do about that? Accept it as it is, put in place some safeguards which gives away some of the governance of your community to Ceata? I don't know, but I want you to be aware of the problems that might appear at your end, with the Delegate. -- Tiberiu-Cezar Tehnoetic Președinte, Fundația Ceata +40-761-810-100 Susții libertatea artelor și tehnologiilor? Înscrie-te ca membru: http://ceata.org/%C3%AEnscrieri
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