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(a)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(a)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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