"Tim.Churches" <[EMAIL PROTECTED]> wrote:
We have to understand that we are a small group, and the degree of legal
protection we want is difficult to fathom. The US and the EU provide the
greatest threat to Open Source develpment at the moment particularly from
software patents ad such issues. For other countries in asia and africa FOSS is
a great path to develop freely. China, South Korea, Japan and India have taken
up FOSS at government level. This is a lot of people getting into FOSS. There
is also much support from smaller countries for the FOSS develpment model.
The US and EU with their laws on patents and copyright maybe considered a
threat. There are many protests against the foceful use of so called
"international law" to crush development of ICT in these countires at crucial
times. Copyright laws maeans having to buy software and the end to piracy. But
this also puts the breaks on the initiatives of the governments and NGOs in
these countries to promote ICT. The only way out seems to be FOSS.
Therefore rather than worry about legalities, let those who consider Malaysian
law inadequate state categorically what they want in the OSHCA incorporation
and see what will be missing in Malaysia as opposed to US or elsewhere.
If not let us branch out into even smaller groups, and form
OSHCA- asia or AOSHCA or OSHCAA
OSHCA - US
OSHCA - africa
etc. etc.
NandA
David Forslund wrote:
> There may be legal protection, etc in Malaysia.
Not may be, there definitely is. As Molly said, Malaysian law was
originally based on British law - it is now distinct from it, but rest
assured that there is rule of civil law in Malaysia. There is also
corruption and political influence over the courts, but I would not like
to have to say whether there is more or less such corruption in Malaysia
than in the US or other countries. However, for a tiny, nascent
organisation like OSHCA, none of this is relevant. Suffice to say that
Malaysian corporate law should be more than adequate for OSHCA's
purposes. That's correct, isn't it Molly?
> We are more familiar
> with the situation in the US.
Well, yes. I am more familiar with Australian law. But that doesn't mean
that I regard the legal regimes in every other country with suspicion.
> It is more of a question of comparing what is required and what you can
> do with a corporation
> in Malaysia than in the US. The decision shouldn't be made on political
> grounds but on technical grounds,
> in my opinion.
Given what OSHCA hopes to achieve - things like engaging with
UN-sponsored initiatives such as WSIS and perhaps with national and
international development agencies - I think that incorporation in
Malaysia (or some other "non-aligned" developing or transitional
country) is a *much* more sound choice, from a political perspective,
than incorporation in the US (or other G8 or other rich nations, but
particularly the US, particularly at the moment).
Tim C
> Molly Cheah wrote:
> > I was born in Malaysia and lived through the period where we obtained
> > independance from the British and from whom our legal framework was
> > adopted. Just wondering what are the concerns of Richard and David on
> > the legal protection for OSHCA. Can you elaborate rather than make a
> > comment that imply there isn't legal protection. Incidently we don't
> > have the equivalence of Guantanano Bay in Malaysia.
> > Molly
> > Joseph Dal Molin wrote:
> >
> > >Legal protection in the context of an organization like OSHCA is IMHO
> > >not a major concern. What is more important is how the countries laws
> > >influence governance.
> > >
> > >David Forslund wrote:
> > >
> > >
> > >>I don't understand why this is good or even relevant. What should
> > >>matter is the legal protection
> > >>provided by the incorporation in the various countries participating,
> > >>which I think was Richard's point.
> > >>
> > >>Dave Forslund
> > >>
> > >>
> > >
> > >
> > >
> > >Yahoo! Groups Links
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> >
> >
>
>
>
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