On 28/11/05, Delphine Ménard notafishz@gmail.com wrote:
We can't incorporate as Wikimedia UK, though, because: a) the Foundation can't grant permission to use the name until the company exists b) if someone takes over the company later, by whatever means, we want the Foundation to be able to stop them using the Wikimedia name.
Yes, but I still don't get it. Are there, apart from this twist (a) that we have not resolved (which of the chicken or the egg...) any other /legal/ reasons why the company cannot be called Wikimedia UK? Because we could agree that the agreement to use the name be signed on the same day as the Company is founded for example, or signed between the founders of Wikimedia UK and the Foundation, to be carried on to the organisation etc. There are many ways to do that I am sure.
The other problem with a), which I didn't mention, is that it would mean the company is beholden to a *foreign* organisation. I don't know if this would make a difference - I don't think anyone did - but it does seem like another potential pitfall, and minimising any possible problems is always a good thing.
OK for b), although I believe that is a double edge thing. If the company Tralala (since it's not Wikimedia UK ;-) ) is taken over, and they're in trade/partnership/whatever with someone/a company/an organisation, it seems harder to me for the Wikimedia Foundation to claim anything from this company. Whereas being able to take the name away makes it harder for Tralala to continue any trade in the name of the Wikisomethingorother.
David Gerard had some quite useful comments about the temptations involved in giving this little company such a potentially profitable name as Wikimedia UK, though I can't seem to remember the actual case he mentioned.
Basically, if Tralala Limited gets taken over by People We Don't Like, then the Foundation can just cut them off; remove the name, and they can go and do whatever they want, but we can't be held morally responsible for them nor can they claim to be operating for or with the foundation. The actual wikimedia people can then go off, form Lalala Limited instead, sign another agreement with the Foundation to use the name, and we start over again.
However, if "Wikimedia UK Limited" gets filled with cranks, it becomes hard for a) the Foundation to disown them or b) to take away the name and give it to the sane chapter. And then things get messy...
-- - Andrew Gray andrew.gray@dunelm.org.uk