[Wikimediauk-l] Greater London Opensource Writers meetup: Mon 27th April

2009-04-24 Thread David Gerard
http://glow-london.blogspot.com/2009/04/glow-in-april.html

That's this London.

I can't make it, but someone probably should.


- d.

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Re: [Wikimediauk-l] Greater London Opensource Writers meetup: Mon 27th April

2009-04-24 Thread David Gerard
2009/4/24 David Gerard dger...@gmail.com:

 http://glow-london.blogspot.com/2009/04/glow-in-april.html
 That's this London.


As opposed to the one in Ontario? I meant, of course, this Monday.


- d.

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Re: [Wikimediauk-l] Greater London Opensource Writers meetup: Mon 27th April

2009-04-24 Thread Andrew Turvey
Excuse my stupid question, but what's a open source writer? A Linux programmer? 

- Original Message - 
From: David Gerard dger...@gmail.com 
To: wikimediauk-l@lists.wikimedia.org 
Sent: Friday, 24 April, 2009 13:25:23 GMT +00:00 GMT Britain, Ireland, Portugal 
Subject: Re: [Wikimediauk-l] Greater London Opensource Writers meetup: Mon 27th 
April 

2009/4/24 David Gerard dger...@gmail.com: 

 http://glow-london.blogspot.com/2009/04/glow-in-april.html 
 That's this London. 


As opposed to the one in Ontario? I meant, of course, this Monday. 


- d. 

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Re: [Wikimediauk-l] Greater London Opensource Writers meetup: Mon 27th April

2009-04-24 Thread Thomas Dalton
2009/4/24 Andrew Turvey andrewrtur...@googlemail.com:
 Excuse my stupid question, but what's a open source writer? A Linux
 programmer?

Or does it mean people that blog, etc., about open source stuff?

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Re: [Wikimediauk-l] Greater London Opensource Writers meetup: Mon 27th April

2009-04-24 Thread David Gerard
2009/4/24 Thomas Dalton thomas.dal...@gmail.com:
 2009/4/24 Andrew Turvey andrewrtur...@googlemail.com:

 Excuse my stupid question, but what's a open source writer? A Linux
 programmer?

 Or does it mean people that blog, etc., about open source stuff?


Since Glyn Moody set it up, presumably those.


- d.

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Re: [Wikimediauk-l] Charity application rejected

2009-04-24 Thread Michael Bimmler
On Fri, Apr 24, 2009 at 4:15 PM, Michael Peel em...@mikepeel.net wrote:

 Second, learning how to write an encyclopaedia - something that
 everyone who contributes to Wikipedia does - is inherently an
 educational experience. To support that naturally supports the
 advancement of education. To quote a law from 1957 - over 50 years
 ago - simply shows how out of date the law, and hence the goverment,
 is in this respect.


To be fair with them: It was a court case, I am pretty sure changes
have been made to the applicable law since then, but apparently not to
this particular part of it (resp. its interpretation). You can of
course try to make a precedent case out of this, by pursuing it up to
the higher courts.

Is there any indication in the letter as to what the options are? From
a quick glance at the HMRC website, it seems that their Complaints
procedure would not apply, as we're talking about a formal decision
here. They have two internal procedures, called 'Review' and 'Appeal'.
It should be marked in the letter whether there is a Review option (by
HMRC itself) or an Appeal option to the independent tribunal
(http://www.tribunals.gov.uk/tax/).
It is possible that both of them are not available, which means that
we would need to seek Judicial Review at the Administrative Division
of the High Court...we definitely want to have a lawyer at least for
Appeal or Judicial Review, and it would be good for HMRC-internal
review.

M.
-- 
Michael Bimmler
mbimm...@gmail.com

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Re: [Wikimediauk-l] Charity application rejected

2009-04-24 Thread Thomas Dalton
2009/4/25 Michael Bimmler mbimm...@gmail.com:
 On Fri, Apr 24, 2009 at 4:27 PM, Thomas Dalton thomas.dal...@gmail.com 
 wrote:
 (Did you intend to send that to the public list? Either way, it's here
 now, so replying on-list.)

 The law is fine, it's just being misapplied. Writing an encyclopaedia
 doesn't increase knowledge, it's a tertiary source, all the knowledge
 is already in existence. It disseminates knowledge, something I
 consider to be pretty synonymous with education. I think at this
 point we need a lawyer. I'll look up that case

 For reference, the case is online here:
 http://www.btinternet.com/~akme/shaw.html  though with terrible
 markup. I'll look for LexisNexis sources and similar, but those are
 typically not public, so I thought I'd share that one with the list.

I've found it on LexisNexis:

http://www.lexisnexis.com/uk/legal/results/docview/docview.do?docLinkInd=truerisb=21_T6406107890format=GNBFULLsort=BOOLEANstartDocNo=151resultsUrlKey=29_T6406107893cisb=22_T6406107892treeMax=truetreeWidth=0csi=279841docNo=152

(probably a better URL, but I don't know how to use LexisNexis!)

The case is about an attempt to form a charity to research inventing a
new alphabet for writing English which would have 40 characters and be
easier to use. The judge concluded that increasing knowledge is not
the same as education, which is entirely correct. The case is about
original research, it has nothing to do with encyclopaedias and does
not apply to them.

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Re: [Wikimediauk-l] Charity application rejected

2009-04-24 Thread David Gerard
2009/4/25 Thomas Dalton thomas.dal...@gmail.com:

 The case is about an attempt to form a charity to research inventing a
 new alphabet for writing English which would have 40 characters and be
 easier to use. The judge concluded that increasing knowledge is not
 the same as education, which is entirely correct. The case is about
 original research, it has nothing to do with encyclopaedias and does
 not apply to them.


Hopefully a lawyer will think the same. It's evident any attempt to
make a UK chapter charitable will likely need one.


- d.

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Re: [Wikimediauk-l] Charity application rejected

2009-04-24 Thread Thomas Dalton
2009/4/25 David Gerard dger...@gmail.com:
 2009/4/25 Thomas Dalton thomas.dal...@gmail.com:

 The case is about an attempt to form a charity to research inventing a
 new alphabet for writing English which would have 40 characters and be
 easier to use. The judge concluded that increasing knowledge is not
 the same as education, which is entirely correct. The case is about
 original research, it has nothing to do with encyclopaedias and does
 not apply to them.


 Hopefully a lawyer will think the same. It's evident any attempt to
 make a UK chapter charitable will likely need one.

Yeah, it looks that way. If anyone knows a good charity lawyer or
knows someone that knows a good charity lawyer, please speak up!

PS David, are you available to come on IRC a sec? If so, /msg me -
Tango42. Thanks

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Re: [Wikimediauk-l] Charity application rejected

2009-04-24 Thread Brian McNeil
Because WMUK would be so closely associated with the 501(c) WMF, I think
Mike Godwin should be pointed at this. I appreciate various factors may make
him unable to further involve himself, but you don't know what UK
legal-eagle contacts he can point your way.


Brian.

-Original Message-
From: wikimediauk-l-boun...@lists.wikimedia.org
[mailto:wikimediauk-l-boun...@lists.wikimedia.org] On Behalf Of Thomas
Dalton
Sent: 25 April 2009 01:45
To: wikimediauk-l@lists.wikimedia.org
Subject: Re: [Wikimediauk-l] Charity application rejected

2009/4/25 Michael Bimmler mbimm...@gmail.com:
 On Fri, Apr 24, 2009 at 4:27 PM, Thomas Dalton thomas.dal...@gmail.com
wrote:
 (Did you intend to send that to the public list? Either way, it's here
 now, so replying on-list.)

 The law is fine, it's just being misapplied. Writing an encyclopaedia
 doesn't increase knowledge, it's a tertiary source, all the knowledge
 is already in existence. It disseminates knowledge, something I
 consider to be pretty synonymous with education. I think at this
 point we need a lawyer. I'll look up that case

 For reference, the case is online here:
 http://www.btinternet.com/~akme/shaw.html  though with terrible
 markup. I'll look for LexisNexis sources and similar, but those are
 typically not public, so I thought I'd share that one with the list.

I've found it on LexisNexis:

http://www.lexisnexis.com/uk/legal/results/docview/docview.do?docLinkInd=tru
erisb=21_T6406107890format=GNBFULLsort=BOOLEANstartDocNo=151resultsUrlK
ey=29_T6406107893cisb=22_T6406107892treeMax=truetreeWidth=0csi=279841do
cNo=152

(probably a better URL, but I don't know how to use LexisNexis!)

The case is about an attempt to form a charity to research inventing a
new alphabet for writing English which would have 40 characters and be
easier to use. The judge concluded that increasing knowledge is not
the same as education, which is entirely correct. The case is about
original research, it has nothing to do with encyclopaedias and does
not apply to them.

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Re: [Wikimediauk-l] Charity application rejected

2009-04-24 Thread Brian McNeil
Then I suggest hitting contacts in local activist groups - eg ORG.


Brian.

-Original Message-
From: wikimediauk-l-boun...@lists.wikimedia.org
[mailto:wikimediauk-l-boun...@lists.wikimedia.org] On Behalf Of Thomas
Dalton
Sent: 25 April 2009 02:05
To: wikimediauk-l@lists.wikimedia.org
Subject: Re: [Wikimediauk-l] Charity application rejected

2009/4/25 Brian McNeil brian.mcn...@wikinewsie.org:
 Because WMUK would be so closely associated with the 501(c) WMF, I think
 Mike Godwin should be pointed at this. I appreciate various factors may
make
 him unable to further involve himself, but you don't know what UK
 legal-eagle contacts he can point your way.

Yeah, worth letting him know what is going on, but last time I spoke
to Mike about UK lawyers he said the only ones he knew would charge
us. We would like someone pro-bono if at all possible.

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Re: [Wikimediauk-l] Charity application rejected

2009-04-24 Thread Andrew Gray
2009/4/25 Thomas Dalton thomas.dal...@gmail.com:

 The law is fine, it's just being misapplied. Writing an encyclopaedia
 doesn't increase knowledge, it's a tertiary source, all the knowledge
 is already in existence. It disseminates knowledge, something I
 consider to be pretty synonymous with education. I think at this
 point we need a lawyer. I'll look up that case and see if I can find
 the details, but really we need someone can that combat legal nonsense
 with more legal nonsense - I can only illegal nonsense!

I'm not sure I agree with the CC's decision, but it isn't a
particularly quixotic one in the context of existing charity law, and
I can see where it came from. Consider, for example, the notes at C4
here: http://www.charity-commission.gov.uk/publicbenefit/pbeduc.asp#c

However, just giving people information is not necessarily educating
them. The key is whether it is provided in such a way (however
structured) that it is capable of educating them, rather than just
adding to factual information.

I think there are ways of interpreting this sort of thing so as to
encompass what we do, but it's not unreasonable for them to interpret
it differently. Note that there isn't really anything like us in any
of the lists of examples!

Approaching this from the position that the law is fundamentally being
misapplied, and we need to tell them they're Doing It Wrong, is
probably just going to set us up for some angry letters both ways, a
quick fall, and being filed as vexatious - and the last thing we
want is for us to blow the chance fully!

A more effective approach would, perhaps, be to closely compare our
submission to the regulations, and see if the use of a different
perspective on what we plan to do, or a broadening of our aims, would
perhaps fit more comfortably with the (slightly odd) letter of the
regulations. After all, we have to fit into charity law *as it exists*
if we're going to be a charity at all!

(...and on which note, hrm. if we're not a charity, what are the
practical implications of that? I assume with our small turnover it
wouldn't make a *vast* difference, but...)

-- 
- Andrew Gray
  andrew.g...@dunelm.org.uk

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Re: [Wikimediauk-l] Charity application rejected

2009-04-24 Thread Thomas Dalton
2009/4/25 Andrew Gray andrew.g...@dunelm.org.uk:
 2009/4/25 Thomas Dalton thomas.dal...@gmail.com:

 The law is fine, it's just being misapplied. Writing an encyclopaedia
 doesn't increase knowledge, it's a tertiary source, all the knowledge
 is already in existence. It disseminates knowledge, something I
 consider to be pretty synonymous with education. I think at this
 point we need a lawyer. I'll look up that case and see if I can find
 the details, but really we need someone can that combat legal nonsense
 with more legal nonsense - I can only illegal nonsense!

 I'm not sure I agree with the CC's decision, but it isn't a
 particularly quixotic one in the context of existing charity law, and
 I can see where it came from. Consider, for example, the notes at C4
 here: http://www.charity-commission.gov.uk/publicbenefit/pbeduc.asp#c

 However, just giving people information is not necessarily educating
 them. The key is whether it is provided in such a way (however
 structured) that it is capable of educating them, rather than just
 adding to factual information.

 I think there are ways of interpreting this sort of thing so as to
 encompass what we do, but it's not unreasonable for them to interpret
 it differently. Note that there isn't really anything like us in any
 of the lists of examples!

But that isn't what they're interpreting. They quoted a specific case
which they are clearly misapplying. That there are other arguments
they could use that would be more justifiable isn't really the point.

 Approaching this from the position that the law is fundamentally being
 misapplied, and we need to tell them they're Doing It Wrong, is
 probably just going to set us up for some angry letters both ways, a
 quick fall, and being filed as vexatious - and the last thing we
 want is for us to blow the chance fully!

We need a lawyer to tell them they are doing it wrong so they can do
it in an appropriate way to avoid that happening.

 A more effective approach would, perhaps, be to closely compare our
 submission to the regulations, and see if the use of a different
 perspective on what we plan to do, or a broadening of our aims, would
 perhaps fit more comfortably with the (slightly odd) letter of the
 regulations. After all, we have to fit into charity law *as it exists*
 if we're going to be a charity at all!

Broadening our aims certainly wouldn't help. Our aims need to be
entirely charitable, extending them isn't going to remove any
uncharitable parts.

 (...and on which note, hrm. if we're not a charity, what are the
 practical implications of that? I assume with our small turnover it
 wouldn't make a *vast* difference, but...)

At the moment, it doesn't make a great deal of difference, you are
right. It may well make a difference in the not too distant future,
though. We need to work this all out ASAP.

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Re: [Wikimediauk-l] Charity application rejected

2009-04-24 Thread Thomas Dalton
2009/4/25 Brian McNeil brian.mcn...@wikinewsie.org:
 Then I suggest hitting contacts in local activist groups - eg ORG.

Yeah, I think Seddon is on that.

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