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

Delirium delirium at hackish.org
Fri Apr 11 06:26:00 UTC 2008

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.


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