[Foundation-l] Fwd: Please review our new charter

Mon Feb 2 08:22:40 UTC 2009

We are just in the process of forming,
this is an attempt at contact!
mike

On Sun, Feb 1, 2009 at 5:23 PM, David Gerard <dgerard at gmail.com> wrote:
> Kosovo-based organisation forming for free/open source software and
> "Wikimedia." Have they been in touch with us at all?
>
>
> - d.
>
>
>
>
> ---------- Forwarded message ----------
> From: jamesmikedupont at googlemail.com <jamesmikedupont at googlemail.com>
> Date: 2009/2/1
> Subject: Please review our new charter
> To: discussion at fsfeurope.org
>
>
> Dear sirs,
>
> we have a new charter for our new Free Software, Open source and
> Wikimedia organization,
>
> The idea is to create a local organization that promotes and supports
> * free/libre software
> * open source
> * wikimedia
> * creative commons
> * open standards such as from the w3c
>
> in kosovo, which is so small that it does not make sense to have 10
> different organizations.
>
> We are working on recruiting and training the young people of Kosovo
> to learn to use and help improve the great technologies that you
> people have produced.
>
> All people and all nations are invited and there will be no
> discrimination of any sort.
>
> We will invite the other organizations to appoint members to
> collaborate in our working groups to implement and promote our common
> goals in newborn Europe.
>
> We are working on creating the a large yearly conference  in Pristina,
> Kosovo  starting on August 28 this year, but with three dates :
>
> Prishtina August 28-30 2009                Developers Day(s)
> Ferizja Sept 4-6 2009                            Education Day(s)
> Prishtina Trade Fair Sept 23-28 2009 Business Days(s)
>
> http://groups.google.com/group/free-software-conference/
>
> please review and comment the charter, feel free to join are project
> and edit the wiki directly,
> or send your comments back to me so that I can incorporate them.
>
> http://code.google.com/p/sfck/wiki/CHARTER
>  CHARTER
> Charter of Asociacioni per Softver te Lire dhe të Hapur (ASLH)
>
>  * Articles of Association
>  * §0 – Preamble
>  * §1 – Name, Office, Nature
>  * §2 – Definition of Terminology
>  * §3 – Purpose of the Association
>  * §4 – Activities of the Association
>  * §5 – Membership
>  * §6 – Assembly of Members
>  * §7 – Meetings of the Assembly of Members
>  * §8 – Board of Directors
>  * §9 – Officers and Employees
>  * §10 - Financing of the Association
>  * §11 - Liquidation
>  * §12 – Amendments to the Statutes
>  * §13 – Reporting Periods and Accounting Years
>  * §14 - Inception of the Articles of Association
>
> Articles of Association
> §0 – Preamble
>
> Upon entering the digital age, in which real and virtual space will
> equally determine the social, cultural and scientific development of
> mankind, Asociacioni për Softuer të Lirë dhe të Hapur (ASLH; The
> Association for Free and Open Software) has the long-term goal to
> raise and work on the questions this will necessarily raise.
>
> The direct function of ASLH is the unselfish promotion of Free and
> Open Source Software and Knowledge as well as creating and propagating
> the awareness of the related philosophical and social questions.
>
> The further mission of the ASLH is to empower and engage people around
> the world to collect and develop educational content under a free
> license or in the public domain, and to disseminate it effectively and
> globally.
>
> The ASLH will provides the essential infrastructure and an
> organizational framework for the support and development of open
> knowledge and software projects and other endeavors which serve this
> mission. The ASLH will make and keep useful information from its
> projects available on the Internet free of charge, in perpetuity.
>
> To create the best benefit for the people of Kosovo the ASLH will join
> forces with other supporters of the same causes. Instead of creating
> multiple organizations in Kosovo we ask the other international
> organizations to join forces with us an form working groups under the
> ASLH to implement our common goals in the small republic.
>
> The term Free and Open Source Software and Knowledge in the sense of
> the ASLH does not refer to the price, but rather to the following four
> freedoms:
>
>  * the freedom to use a program and knowledge for any purpose
>  * the freedom to study the program and knowledge and adapt it to
> your own needs.
>  * the freedom to make copies for others.
>  * the freedom to improve a program and knowledge and make these
> improvements available to others, so that the whole community
> benefits.
>
> This definition of Free Software goes back to the idea of freely
> exchanging knowledge and ideas that can traditionally be found in
> scientific fields. Like thoughts, software is non-tangible and
> duplicable without loss. Passing feeds an evolutionary process,
> advancing thoughts and software.
>
> Only Free Software preserves the possibility to comprehend and build
> upon scientific results. For scientists, it is the only kind of
> software which corresponds to the ideals of a free science.
> Accordingly, the promotion of free software is also a promotion of
> science.
>
> The distribution of information and the forming of an opinion are done
> increasingly by digital media, and the trend is to foster the use of
> those means for a direct citizen participation to democracy.
> Therefore, a central task of the ASLH is to train proficient citizens
> in these media, thereby promoting democracy.
>
> Digital space ("Cyberspace"), with software as its medium and its
> language has an enormous potential for the promotion of all mental and
> cultural aspects of mankind. By making it commonly available and
> opening up the medium, Free Free and Open Source Software and
> Knowledge grants equal chances and protection of privacy.
>
> Coining the awareness for the problems related to the digital age in
> all parts of society is long-term goal and a core aspect of the work
> of the ASLH.
>
> Therefore the ASLH will seek to increase the use of Free and Open
> Source Software and Knowledge in schools and universities in order to
> parallelize the education in real space matters with the creation of
> understanding and awareness of problems in virtual space.
>
> Free and Open Source Software and Knowledge guarantees traceable
> results and decision-making processes in science and public life as
> well as the individual rights to free development of personality and
> liberty of opinion. It is the job of the Free and Open Source Software
> and Knowledge into all areas that touch public life or "informational
> human rights" of citizens.
> §1 – Name, Office, Nature
>
> 1.1 The association will be known as Asociacioni për Softuer të Lirë
> dhe të Hapur, abbreviated as ASLH.
>
> 1.2 The association's registered offices are located in Prishtina.
>
> 1.3 Should no fixed registered office be established, it will be
> managed from the residence of the general manager at any given time.
>
> 1.4 The Association shall be a non-profit organization as defined by
> the laws in force in the Republic of Kosovo.
> §2 – Definition of Terminology
>
> 2.1 Free (as in Free and Open Source Software and Knowledge): the
> originator puts the intellectual work into the public domain free of
> charge and in an irretrievable manner. In doing so, the originator
> allows others the freedom to use the work for any purpose, to study
> how it functions, to adapt it to his/her own needs, to copy it for
> others and to improve it and make changes available for the common
> good.
>
> We talk of Free and Open Source Software and Knowledge in include not
> only software, but also the knowledge stored in the form of Wikis and
> Documents.
>
> In order to protect these freedoms, we understand the that Free and
> Open Source Software and Knowledge is to be software, documentation,
> instructions, Wikipages, videos or other media that is licensed under
> the latest version of one of the following licenses:
>
>  * GNU GENERAL PUBLIC LICENSE (http://www.gnu.org/copyleft/gpl.html )
>  * GNU Free Documentation License Version
> (http://www.gnu.org/copyleft/fdl.html)
>  * Creative Commons CC-BY-SA license Attribution-Share Alike
> Unported (http://creativecommons.org/licenses/by-sa)
>
> 2.2 Open (as in Open Software): since not all intellectual work can be
> or is protected with the same strength as the above mentioned
> licenses, we therefore recognize this secondary source of free
> software:
>
>  * http://www.opensource.org/docs/osd
>
>  * http://www.opensource.org/licenses
>
> 2.3 Free and Open Source Software and Knowledge: Any computer
> algorithm or other form of intellectual material. We include
> wikipages, videos, documentation and software in this definition.
> §3 – Purpose of the Association
>
> 3.1 The purpose of the Association is to promote, develop, distribute
> and support:
>
>  * Free/Libre software as defined by the GNU.org project.
>  * Open Source software as defined by the www.opensource.org.
>  * open and participatory knowledge as defined by Wikimedia foundation.
>  * information technology education such as Open Courseware from MIT.
>  * open society using open and free communcation standards such as
> those from the W3C.org.
>
> in Kosovo.
> §4 – Activities of the Association
>
> 4.1 Activities of the Association are:
>
>  * Run a yearly conference made available to the general public for
> the lowest possible charge that will further the aims set out on §3.1
>  * Enable access to free and open source software and knowledge by
> facilitating distribution and localization into the national languages
> of Kosovo
>
>  * Coordinate with national and international partners and sponsors
> in the industry, academia and government to further the goals set out
> on §3.1
>
> §5 – Membership
>
> 5.1 The membership of the Association is open to any person regardless
> of race, gender, sexual orientation, nationality, ethnicity, religious
> belief, age or physical capacity.
>
> 5.2 The Assembly of Members shall determine whether a membership fee
> shall be required from members. Failure to pay the membership fee,
> after written or email notice of not doing so, shall be a ground for
> the exclusion of the member from the Association.
> §6 – Assembly of Members
>
> 6.1 The Assembly of Members is the highest governing body of the
> Association. It shall consist of all members of the Association.
>
> 6.2 The Assembly of Members shall have ultimate responsibility for the
> policies and financial affairs of the Association.
>
> 6.3 Apart from the other powers given to it by these statutes, the
> Assembly of Members shall also have the following powers: to elect
> members of the board of directors; to approve reports by officers; to
> approve the annual working plan; to approve the spending of money over
> €300.
>
> 6.4 The Assembly of Members can delegate any of its responsibilities
> to the Board of Directors or any other organ or officers of the
> Association, by the decision of the majority of its members.
> §7 – Meetings of the Assembly of Members
>
> 7.1 The Assembly of Members shall meet at least once a year at an
> Annual General Meeting (AGM) at which time it shall review and approve
> the assets, liabilities, income, expenditures and programmes of the
> Association for the past year. It shall also consider anticipated
> assets, liabilities, income expenditures and programmes for the
> upcoming year.
>
> 7.2 The Assembly of Members can also meet at Extraordinary General
> Meetings (EGMs) whenever required by (half of the members) or by the
> Board of Directors. Such request must be addressed to the Secretary
> who will issue the notice of the meeting to all members, according to
> the procedure described in paragraph 6.3 here below.
>
> 7.3 Written notice of AGMs and/or EGMs, stating the date and place of
> the meeting, together with an agenda of the meeting, shall be
> distributed to all members at least 7 (seven) days before the day on
> which the meeting is to be held.
>
> 7.4 A minimum presence of (half) of the members is required for
> meetings of the Assembly of Members to conduct business. If this
> minimum ('the quorum') is not obtained, the meeting shall be postponed
> to a specified later date and a new notice shall be sent to all
> members.
>
> 7.5 Each member of the Association has one vote in the Assembly of Members.
>
> 7.6 Decisions in the Assembly of Members shall be taken by majority of
> the members present.
>
> 7.7 Any member of the Assembly of Members shall abstain from voting on
> a decision on any matter in which he or she has a personal or economic
> interest.
> §8 – Board of Directors
>
> 8.1 Apart from other powers given to it by these present statutes, the
> Board of Directors shall be responsible for presenting an annual
> working plan to be approved by the Assembly of Members and
> safeguarding the property and good standing of the Association. The
> Board of Directors shall always act in accordance with the purpose of
> the Association.
>
> 8.2 The Board of Directors shall be composed of a diverse group people
> in good moral and legal standing and significant achievement in the IT
> industry, academia and society. They will be elected individually by
> the Assembly of Members by a simple majority. Each director shall
> serve for a term of (one) year and shall remain in office until a
> successor takes office, or until death, resignation or removal.
>
> 8.3 The Board of Directors shall consist of at least 5 (five) Members.
>
> 8.4 Members of the Board of Directors can be removed before the end of
> their term by a vote at an AGM or EGM of the Assembly of Members.
>
> 8.5 In case of the death, resignation or removal of a member of the
> Board of Directors, the Assembly of Members shall elect a successor to
> serve the remaining term.
>
> 8.6 Decisions by the Board of Directors shall be by majority.
>
> 8.7 The Board of Directors can decide to refer any matter to the
> Assembly of Members for decision.
>
> 8.8 No remuneration or compensation shall be paid to the Directors
> without the approval of the Assembly of Members and only where the
> remuneration or compensation is reasonable and for work performed for
> the Association.
>
> 8.9 Any member of the Board of Directors shall abstain from voting on
> a decision on any matter in which he or she has a personal or economic
> interest.
> §9 – Officers and Employees
>
> 9.1 If necessary, the Board of Directors shall appoint employed
> Officers or hire agents to undertake the daily conduct of business of
> the Association. The terms of their employment will be determined by
> the Board of Directors upon a simple majority approval by the Assembly
> of Members.
>
> 9.2 The Officers will be employed under a written agreement that
> details all salaries and benefits to be paid to the Officer. Any
> salary or benefit shall be reasonable and paid only for work performed
> for the Association. 9.3 Any Officer may resign at any time by giving
> written notice to the Board of Directors, to the chairman of the
> board, to the vice-chair, or to the secretary of the Association. Any
> such resignation shall take effect at the time specified therein, or,
> if the time be not specified therein, upon its acceptance by the Board
> of Directors.
> §10 - Financing of the Association
>
> 10.1 The funds required for the Association are raised through:
>
>  * membership fees,
>  * entry fees from the annual conference
>  * sponsoring fees paid for the conference
>  * contributions by government and other public bodies
>  * donations
>  * other financial contributions made by third parties,
>  * benefits paid to the Association for activities it pursues for
> the common good, including lectures.
>
> 10.2 The members pay fees based on the decision taken by the Assembly
> of Members in simple majority vote.
>
> 10.3 No portion of the income or property aforesaid shall be paid or
> transferred, directly or indirectly, by way of dividend, bonus or
> otherwise by way of profit, to persons who, at any time are, or have
> been Members of the Association or to any one or more of them or to
> any person claiming through any one or more of them. This includes
> associates, friends and family.
>
> 10.4 Except, with the previous approval of the Assembly of Members, no
> remuneration or other benefit in money or moneys worth shall be given
> by the Association to any of its Members, whether officers or
> employees of the Association or not, except payment of out of pocket
> expenses, reasonable and proper interest on money lent, or reasonable
> and proper rent on premises let to the Association.
>
> 10.5 Nothing in this clause shall prevent the payment by the
> Association in good faith of reasonable remuneration to any of its
> officers or employees or to any other person in return for any
> services actually rendered to the Association.
> §11 - Liquidation
>
> 11.1 In case of a liquidation of the Association or termination of its
> tax-privileged status any assets remaining after the discharge of
> liabilities will become assets of the:
>
> University of Prishtina
> Address:
> Rektorati, Rr. Nene Tereza, p/n
>
> 10 000 Prishtina
>
> Tel: +381 (38) 244183
> Fax: +381 (38) 244187
>
> which has to use them exclusively and directly for non-for-profit purposes only.
> §12 – Amendments to the Statutes
>
> 12.1 The present statutes can be amended by the decision of a three
> fourth majority of the Assembly of Members.
> §13 – Reporting Periods and Accounting Years
>
> 13.1 The Board of Directors and appointed Officers shall provide
> annual reports to the Assembly of Members AGMs or whenever requested
> by an EGM.
>
> 13.2 The accounting year of the Association shall coincide with the civil year.
> §14 - Inception of the Articles of Association
>
> 14.1 These Articles of Association come into effect immediately
> following a decision by the Assembly of Members on xx February 2008 in
> Prishtina, Republic of Kosovo, and online.
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