[Foundation-l] Future board meeting (5-7 april 08)

[Delirium]

Michael Snow wrote:
> In the meantime, with or without a 
> non-disparagement agreement, board members still have a fiduciary 
> obligation to always act in the best interests of the organization.
>   
What is actually the point of all of this legal posturing? Does the 
Wikimedia Foundation seriously intend to ever sue a member of its Board 
of Directors solely for saying disparaging things about it? Would that 
*ever* be the right thing to do? I can think of very few cases where a 
decision to do so would not itself be a breach of fiduciary duty, 
basically sinking the organization by destroying its public goodwill and 
donation stream. You can't really having a leading position in the 
free-content movement and simultaneously pursue lawsuits that even 
appear to be attempting to repress speech.

-Mark