Re: [Wikimedia-l] Questions about proposed new Chapter agreement for Wikimedia Portugal

-- *Vereniging Wikimedia Nederland* Mariaplaats 3 - 3511 LH Utrecht Kamer van Koophandel 17189036 http://www.wikimedia.nl/ Op di 29 jan. 2019 om 14:22 schreef GoEthe.wiki goethe.wiki@gmail.com: > Hi, > > 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. > Cheers, > > Gonçalo Themudo > > *Presidente* > *Wikimedia Portugal* > *Email: *goethe.wiki@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.wiki@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 > trademarks@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.wiki@gmail.com > > *Website: *http://pt.wikimedia.org < > https://sites.google.com/view/themudo%3E > > *Imagine um mundo onde cada ser humano pode partilhar livremente a soma > de > > todo o conhecimento, na sua própria língua.* > > > > > _______________________________________________ > Wikimedia-l mailing list, guidelines at: > https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines and > https://meta.wikimedia.org/wiki/Wikimedia-l > New messages to: Wikimedia-l@lists.wikimedia.org > Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, > mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe