Dr Molly Cheah wrote:
> >Is OSCHA a religious organization or an independent world-wide
> >technological organization accessible to everyone regardless of
> >religious conviction? (Tim, you're not making any sense with your "star
> >and crescent" comment).
> >
> >
> I think Tim was just being cheeky :).....
Yes, just stirring the pot... sorry, it is my nature to do so.
> >And, what I'm suggesting is that you start with a U.S. incorporation.
> >Then incorporate elsewhere. What is below is point/counter-point. And,
> >it's not talking about suitability based on religion, "the people" or
> >any other facet other than legal.
> >
> But why start of with a US incorporation? Past discussions clearly
> indicate that the membership "do not" want a US dominated OSHCA.
>
> >So, let me boil this down to simple terms:
> >
> >1. Legal protections: U.S. incorporation means that as a U.S. company,
> >OSHCA has the same rights as an individual. Intellectual property
> >rights and agreements are upheld. In other countries, especially ones
> >with new regimes, this might not be the case. U.S. subsidiaries running
> >in non-U.S. countries would work just fine and be stabilized by the U.S.
> >based parent.
> >
> >
> I don't agree that US incorporation offers more legal protection than
> Malaysia which are also signatories to International Conventions and
> legal frameworks and taking them seriously. Under the law OSHCA will be
> a legal entity with rights to all provisions under the relevent acts.
> Incidently Malaysia is not a new regime and we got our independence from
> the British in 1957. Before that we were colonized by the Portugese,
> then the Dutch and then the British.
> Stabilized by US based parent? How so?
>
> >2. Repatriation of capital: As OSCHA earns fees, receives donations,
> >pays taxes, etc... it's much more straightforward in the U.S. I believe.
> > The tax burden on a non-profit like OSHCA would be minimal or
> >non-existent.
> >
> >
> I plan to apply for tax-exempt status, in addition to the non-profit
> status which will automatically be given. That means that donors to
> OSHCA do not pay taxation on their donations to OSHCA and OSHCA does not
> have to pay tax on the donations received. There is no control on the
> repatriation of monies earned in Malaysia.
>
> >3. Political stability: In politically less-stable countries (e.g.
> >Malaysia, Taiwan, Mexico, South Africa, Haiti, etc..) when regimes
> >change so does the law - you can find your corporation and all its
> >assets suddenly owned by someone else.
> >
> >
> I didn't know that Malaysia is politically unstable and I don't know of
> any assets that had been suddenly owned by someone else. But I'm amazed
> by your perceptions of Malaysia. I would be happy to play host and
> invite you to come and see Malaysia.
If anything, the political system in Malaysia might be a little bit too
stable... Um, no.
> >4. Government funding: incorporating in a country because "it looks like
> >there's government funding" is a bad idea. You need a much harder offer
> >than that. What are the incentive programs, specifically that the other
> >government offers? Who, specifically in the government, is offering them?
> >
> >
> I've not mentioned about Govt funding. I did say that it would be easier
> to get funding for OSHCA activities from the likes of organisations like
> UNDP, IDRC, CIDA, SIDA etc. Maybe I failed to "market" or "hard sell"
> Malaysia for our purpose. As for incentive programmes and other Govt
> offers, it is obvious that you are not aware of the Malaysian Govt's
> Policy on Open Source, incentives related to ICT companies and projects.
> There are too many to enumerate here. I did a google search on
> Malaysia's incentives for ICT and they're all there. However, after all
> these efforts I wonder if the members of OSHCA are capable to make a
> difference to push the open source agenda in health care especially in
> the developing world. I must quality that this is my main interest - the
> developing world that needs help.
I think it is fair to say that Molly has comprehensively demolished
Richard's arguments and hopefully dispelled a little of Richard's
ignorance about Malaysia (and the world in general beyond the US).
Richard, feel free to incorporate whatever organisation that you like in
the US, as long as you don't call it OSHCA, because that name and meme
has been well and truly claimed by a long-standing international group
of like-minded people who are now about to embark on a second (and
certain to be successful this time) attempt at incorporation - in
Malaysia in the first instances, through the good offices of Molly, and
elsewhere if and when the need arises. But baby steps first: incorporate
in Malaysia.
Please proceed as planned, Molly.
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
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