The Affiliations Committee has no intention whatsoever of changing the
process; rather, we are simply trying to determine whether the conditions
that we originally set out have in fact been met.
It would, perhaps, have been easier for everyone if we could have done this
without having to solicit specialized legal expertise, but the
circumstances seem to have unfortunately precluded a procedure whose
validity is obvious from a simple reading of the applicable rules.
Regards,
Kirill
On Thu, Oct 11, 2018 at 8:17 PM Nathan <nawrich(a)gmail.com> wrote:
Thank you for acknowledging the existence of this
thread and the fact that
AffCom is still making some effort to bring the problem to a resolution. It
doesn't seem like it should be all that challenging, if one disputant is a
single individual and the other is a community of people led by those for
whom they have repeatedly expressed support.
If, as described, AffCom laid out a procedure by which one side could
legitimize itself and then decided to revoke that procedure after much work
by those trying to follow it... AffCom could acknowledge an error and
apologize. That you have described your proposed next step is at least
progress in the right direction.
In any case, I'm sure we all look forward to AffCom sharing the results of
its solicitation of advice with the Wikimedia public.
On Thu, Oct 11, 2018 at 8:07 PM Kirill Lokshin <kirill.lokshin(a)gmail.com>
wrote:
As I believe we mentioned the last time this
particular topic came up, we
are unlikely to resolve the intricacies of Portuguese nonprofit law by
debating them on a mailing list.
Gonçalo and his colleagues have quite clearly expressed their position:
they believe that the process by which they came to control Wikimedia
Portugal complies with the applicable provisions of Portuguese law. At
the
same time, the other side in this conflict has
expressed a contrary
position: that the process in question does *not* comply with those
provisions.
The Affiliations Committee has obviously been unable to make any real
headway here, particularly as the dispute hinges in no small part on
interpretations of case law rather than a plain reading of the applicable
legal codes; consequently, we've solicited advice from actual Portuguese
legal experts, which we hope to receive in the near future. Until that
happens, however, we are not going to be able to bring this to closure,
one
way or the other.
Regards,
Kirill
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