[Foundation-l] Wikimedia Poland

[Jimmy Wales]

Dariusz Siedlecki wrote:
> 1. From what I understand, Wikimedia Poland could either be a part of
> Foundation Wikimedia, or it could be a partner of it. What are the
> differences between the two, and what would be better for the
> foundation in the end?

Local chapters are independent organizations, at least so far, and I
expect it to be so in the future.

There are two basic choices here:

1. The German model -- the organization is totally independent, and is
not the legal representative for the foundation in Germany

2.  The French model -- the organization is totally independent, but the
Wikimedia Foundation has a sufficient vote (33%) to prevent bylaw
changes that the Foundation does not approve of, and the organization
*is* the legal representative of the foundation in France.

There are some advantages and disadvantages to either model.  I prefer
the German model slightly, as I believe it simplifies some issues
related to legal liability of the foundation with respect to things like
libel and copyright violations and so on.

In both models, the organization should acknowledge in the bylaws that
the right to use the name "Wikimedia" comes only at the permission of
the foundation.

The reason for these rules is to prevent a civil war with a rogue
chapter someday.  If a local chapter wants to move in a different
direction, away from Wikimedia, they can do so of course -- but under a
different name.  This is better in terms of enabling people to leave
peacefully than if the foundation somehow "owned" the local chapter.  :-)

> 2. Some of the Polish Wikipedia users had plan to gain money for
> Wikipedia by selling custom t-shirts (just like on CafePress), etc.
> Would it be possible for us to make an agreement by which we could
> gain money for our chapter in this way?

Yes.  We should soon have a standard trademark agreement for this sort
of activity.

> 3. Again a question related with money - we'll forward a part of our
> income to the Foundation for the servers and any other administrative
> tasks, but the question is - should we forward a specified amount
> monthly/yearly (like 10.000 Euro per year) or a percentage of our
> total income?

This is a complicated matter and I better not talk about it unless I'm
well rested. :-)  Someone else can explain how we've done this with the
German and French associations.

> 4. One of the Wikimedia Chapter pages mentions that the local chapter
> should have at least 20 members on start. The Polish law states we
> need 15 members. Would it be okay if we'd start the chapter with 15
> members (as probably that much will come to the founding meeting) and
> then apply the other members as for membership?

As Angela said, 15 sounds fine.  20 is just a recommendation.  I don't
know who made that recommendation, but it sounds sensible.  But if
you've got 15 excited people, that sounds great.

> I think that's all for now. We should have a draft of the bylaws soon
> posted in Polish, and we'll be ready to send them to the foundation in
> the third week of July. If there won't be any objections, we'll start
> Wikimedia Poland in the middle of August.

We will want to put some agreements in place for the trademark usage, etc.

You're on juriwiki-l, right?  Hopefully someone there will volunteer to
help with this.

--Jimbo