James
If the WMF is seen to be directing the activities of a chapter as if that chapter were a mere subsidiary, then it might inherit the responsibility for any content creation that the chapter had made in the past, or indeed might do in the future. Mind you, I only say "might", because I am not a lawyer, although I sat opposite one in the London Underground once. I merely suggest that someone who actually is a lawyer, preferably even employed or retained by the Foundation, should consider the matter and give the WMF a professional opinion. If you happen to be qualified to advise the Foundation on the matter, by all means do so. If not, so that your opinion on the matter is as authoritative as mine, which is to say, not at all, then perhaps you may wish to desist from discussing the matter further, as I propose to do.
"Rogol"
On Fri, Aug 4, 2017 at 9:02 AM, James Salsman jsalsman@gmail.com wrote:
Rogol,
What content protected by safe harbor provisions would the Foundation be exerting editorial control over by requiring governance standards of a Chapter?
Is there some French law that requires charities to be more independent of their international affiliates than would be under such a requirement?
The chapter agreements already contemplate this sort of control, because they state, "The Chapter agrees ... to refrain from ... engaging in any activity that might negatively impact the work or image of the Wikimedia Foundation," and are revocable upon three months notice.
On Fri, Aug 4, 2017 at 2:38 PM, Rogol Domedonfors domedonfors@gmail.com wrote:
If the Foundation is seen to be directing the activities of a chapter at the proposed level of micro-management then it would jeopardise the legal status both of the Foundation (in terms of their safe harbour status) and of the chapter (as an independent and charitable body). The Foundation
is
free to fund or not fund, to recognise or derecognise. But not to
control.
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