Thank you all for the insightful and reassuring responses.
WMF agreed to extend our current chapter agreement for a couple of months
so that we have more time to go over the details and ask questions, and
discuss it with the membership of the chapter.

Gonçalo Themudo

*Wikimedia Portugal*
*Email: *goethe.w...@gmail.com
*Website: *http://pt.wikimedia.org <https://sites.google.com/view/themudo>
*Imagine um mundo onde cada ser humano pode partilhar livremente a soma de
todo o conhecimento, na sua própria língua.*

GoEthe.wiki <goethe.w...@gmail.com> escreveu no dia segunda, 28/01/2019
à(s) 01:58:

> (sorry for cross-posting, but since this is a time sensitive issue, I
> would like to get as many comments as possible)
> Dear all,
> Last 30 October, the Wikimedia Foundation (WMF) decided it needed more
> time to evaluate the case of Wikimedia Portugal, it extended the suspension
> of Wikimedia Portugal, and said that they must use the time that would
> otherwise be the termination period for the Chapter Agreement between
> Wikimedia Portugal and the Wikimedia Foundation, therefore giving notice of
> termination of the Chapter Agreement. WMF also said that if Wikimedia
> Portugal fully and completely resolved the issues described above and
> otherwise remained compliant with its obligations as a chapter - which
> happened, and the suspension was lifted - then WMF would sign a new chapter
> agreement with Wikimedia Portugal. The current chapter agreement therefore
> terminates this 31 January. On 25 January WMF sent us a new proposal of
> Chapter Agreement for Wikimedia Portugal to sign. It can be seen here, side
> by side with the current Chapter Agreement Wikimedia Portugal has with the
> WMF:
> https://pt.wikimedia.org/wiki/Utilizador:Alchimista/Chapter_Agreement
> This new proposal differs in many ways from the Chapter Agreement
> currently in place, and from the ones other chapters have signed (at least
> the ones that are public) and we have several questions about it, so we
> would like to ask the Wikimedia Portugal associates, other affiliates and
> the Wikimedia community in general to help us by clarifying some of these
> questions and weigh in on the advantages and disadvantages of continuing
> being a WMF affiliate under these changed conditions.
> We have also accordingly asked from the WMF a two month extension of the
> current Chapter Agreement, to allow for proper discussion of their proposal.
> Main concerns:
> These are some of the main differences we found that are concerning us
> (first in italic the current agreement, second in bold the new proposal)
>    -
>    “This Chapter is authorized to cover the geographic region of the
>    Portugal. The Foundation will not seek to create or authorize the creation
>    of any additional chapter within this geographic region. The Foundation
>    will not engage with other local organizations without consulting with the
>    chapter.” (Current CA) disappears entirely, and becomes “WMF hereby
>    recognizes Chapter as part of the Wikimedia movement supporting its Focus
>    Area.” (i.e. Portugal)
>    -
>    Chapter shall do business as “Wikimedia Portugal, an independent
>    organization for Wikimedia volunteers in Portugal”, irrespective of its
>    locally incorporated name. - this seems unique among chapters, and in
>    our view conflicts  with the possibility of affiliates including both
>    volunteers and professionals, as well as both Wikimedians and people
>    otherwise engaged and interested in programs, such as teachers, librarians
>    and museologists.  The tagline also seems cumbersome, awkward and we don’t
>    understand its purpose.
>    -
>    The Foundation agrees to support the activities of the Chapter and to
>    not engage in any activity that might negatively impact the work or image
>    of the Chapter.  (This disappears in the current proposed agreement)
>    -
>    Exhibit B, 2. Approved use: Use of trademarks seems to be limited to
>    the geographic space of Portugal: “with respect to Chapter’s
>    activities in Portugal”. Does this mean that use in events, activities
>    and partnerships involving other countries (Wikimedia España, other
>    Iberocoop members, etc) requires a special authorization beforehand?
>    -
>    Exhibit B, 2. Approved use: “Promotion material that is not intended
>    for Wikimedia outreach activities or community-focused events as defined in
>    the Wikimedia Trademark Policy (which may be found at <
>    https://foundation.wikimedia.org/wiki/Trademark_policy >) are not
>    approved under this License and would require specific approval under
>    Section 3 below.” This one is a bit convoluted and even within our
>    group we have different understanding of what this means. Many of our
>    present and past activities include GLAM partnerships, photo contests, and
>    conferences not in “WikiCon” style. By following the link for the Trademark
>    policy, it is not clear if these activities are included in the definition
>    of outreach or if section 4 of the Trademark policy apply. This could mean
>    that these activities need a bureaucratic procedure defined as a permission
>    in writing (by physical mail or by an email to tradema...@wikimedia.org)
>    to use the Wikimedia Marks outside the scope of this License (“ Additional
>    Use ”). Each such request must include: (1) reference to this agreement;
>    (2) attached samples of the proposed use; and (3) the date(s) and scope of
>    the proposed use. Bureaucratic procedures increase enormously from the
>    current situation, without giving any apparent advantage over non-affiliate
>    community members;
>    -
>    Use of the name and logo of Wikimedia Portugal in its fundraising
>    campaigns apparently must now be authorized beforehand (points 3.2 and 3.3
>    of the Trademark Policy
>    https://foundation.wikimedia.org/wiki/Trademark_policy )
>    -
>    Exhibit A, 5.4  Chapter governance reports: “Upon the request of WMF,
>    but no more than once per year, Chapter shall provide WMF with a report
>    analyzing the effectiveness of Chapter’s governance structures. The report
>    shall be prepared by a firm external to Chapter, and Chapter shall provide
>    WMF with a copy of the report written in or translated into English.”
>    In an organization with limited resources such as Wikimedia Portugal,
>    having to comply with such a request without providing the means to realize
>    it would most probably dictate its end. We would rather have it explicitly
>    state what conditions would trigger such a report, and that it would not be
>    a financial burden;
>    -
>    Termination: “The term of this agreement is one year and is
>    automatically renewed unless notice is given three months in advance by
>    either party.” (Current CA) becomes (7.1) “This Agreement will
>    automatically renew for additional 1-year terms (“ Renewal Term ”), unless
>    either party provides written notice of its intent not to renew 30 days
>    prior to the end of the Term or Renewal Term.” (7.2) “This Agreement may be
>    terminated by either party without cause upon 60 days written notice to the
>    other party.”
> Thank you for your attention, and we appreciate any comment you might
> have.
> Best regards,
> Gonçalo Themudo
> *Presidente*
> *Wikimedia Portugal*
> *Email: *goethe.w...@gmail.com
> *Website: *http://pt.wikimedia.org <https://sites.google.com/view/themudo>
> *Imagine um mundo onde cada ser humano pode partilhar livremente a soma de
> todo o conhecimento, na sua própria língua.*
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