Hi all,

I realise I'm very late to the party here but I've been following the 
discussion and I wanted to add one option which I don't think has been explored 
yet.

First off, an opinion. I don't think SWC should provide volunteer workshops to 
organisations that are not demonstrably involved in open research. Such an 
approach is common in organisations such as PRACE and XSEDE who distribute 
supercomputing cycles on publicly funded resources to promising research.

That being said, I do not have a problem with someone like Monsanto sending 
some of their science team to attend instructor training, especially since they 
are required to volunteer at a workshop to actually get their badge. The 
material they need to instruct in-house is freely available to them because of 
SWCs open licencing without SWC having to lend their name to that effort.

My opinion is that this approach is also much more likely to generate 
meaningful  engagement if they do see value in SWC since you will have someone 
inside the organisation to champion your cause.

Kind regards,

Alan

On 9 Mar 2015 17:58, "Ivan Gonzalez" 
<[email protected]<mailto:[email protected]>> wrote:

El 08/03/2015, a las 12:03, John Blischak 
<[email protected]<mailto:[email protected]>> escribió:

> Certainly a highly trained SWC instructor, who typically has at least
> a bachelor's degree plus some advanced training, leading a workshop to
> teach employees of a company to use computational tools would not pass
> this test.
>
> http://www.dol.gov/whd/regs/compliance/whdfs71.htm
> http://www.washingtonpost.com/blogs/wonkblog/wp/2013/06/13/are-unpaid-internships-illegal/
>
> What are the policies of other countries? Have they passed similar 
> legislation?

We have a similar lawn Spain. The law prevents Monsanto from hiring an 
instructor for free or peanuts, as the benefit of the teaching goes mostly to 
Monsanto, and not to the instructor. It even applies to graduate work: the 
Supreme Court has ruled that if you're doing a PhD, which in principle would be 
ok to be unpaid because you're getting a degree, you must have an employment 
contract under Labour Law after the first two years. That is because it's 
understood that from the third year the benefits the university gets form your 
work as a student overcome those you get from your PhD studies.

However, it's completely legal that Monsanto "hires" SWC to teach the workshop 
and that you volunteer for the non-profit SWC. Nobody gets paid, beyond 
reimbursements or fees, and the teaching fits under the reasons for which SWC 
is a non-profit. If you get paid though, it may get tricky, and not for 
Monsanto. You could claim that you *work* for SWC (because you are getting 
paid, not just reimbursed), so you are a SWC employee working without an 
employment contract, not paying social security taxes, etc…

It may be different in the US, but in my opinion having paid instructors by 
default would be a huge administrative burden, specially if we want to expand 
to other countries with an international pool of instructors under many 
different immigration status.

In my opinion, the simplest solution, leaving aside the ethical part, would be 
charge a flat fee as we do know and then, after the workshop, have someone call 
these wealthy companies and schools asking for an extra donation. This scales 
better than changing the default and allows to really pick the wealthy ones 
without misguided preconceptions.

Best,

Ivan
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