[Foundation-l] Notice of the results of the WMF Board of Trustees election

Alison Wheeler wikimedia at alisonwheeler.com
Sun Jul 15 13:29:47 UTC 2007


On Sun, July 15, 2007 14:17, Arne Klempert wrote:
> There are already many legal connections between Chapters (A) and
> Foundation (B). But: A and B having legal connections isn't the same
> as A being responsible for something B does or vice versa.

The usual test in this sort of case is one of "control". WMUK has a legal
agreement - a contract - for the use of the name and logo with the
Foundation, but that agreement - explicitly - gives no 'control' over
activities or anything else to either party over the other.

WMUK having the ability to appoint (either alone or in concert with
others) a member of the Board of WMF though would create a clear route of
'control' and create a line of responsibility, imho. as indeed would the
WMF haing any representation in the operation of a Chapter.

I am aware that some other Chapters have different legal relationships
with the Foundation, and that worries me over what could theoretically
happen in the future in a 'worst case' scenario.

Alison




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