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

[Jussi-Ville Heiskanen]

On 7/14/07, GerardM <gerard.meijssen at gmail.com> wrote:
>
> Hoi,
> While you have your periods, consider, when a chapter, which is a legal
> entity, indicates its involvement with WMF projects, it creates legal
> responsibility for the projects and as a result people, organisations can
> sue it. This is not a good idea.
>
> A chapter is an organisation that promotes activities for the people
> involved and interested in WMF projects. It also does promote the ideals
> of
> the WMF. But it does not involve itself in the projects themselves. It
> does
> not assume or accept any legal responsibility for whatever happens in WMF
> projects.
>
> Given your use of a centipede, shooting in your foot is only painful when
> you have a thousand. When you are human and you have only two feet,
> shooting
> in your foot is a bad idea. Not only should a chapter not involve itself
> in
> the running of projects, many chapters cannot even claim that a
> partiucular
> language can be equated with the country, region a chapter is involved in.
> In my opinion it is a truly brain dead idea for a chapter to involve
> itself
> officially with WMF projects. If at all it is either the WMF itself or
> particular editors that can be considered responsible for what happens on
> a
> WMF project.


Now  let's see, this convo started with Dedalus writing (quoting full
message):

<begin quote>
"My impression is that voter turn out in countries with a local chapter
 of the Wikimedia Foundation are highest ranking. Correct me if I'm
 wrong.

 Walter's suggestion to "organize there own community" would I read as
 increasing the number of local chapters rapidly.

 My suggestion to the election process would be not to change anything
 - but only to start preparing and planning the election - starting
 with appointing a election committee as soon as possible to have
 plenty of time for arranging evertything that is needed."
<end quote>

To which you (GerardM) replied on your own part (again quoting in full):

<begin quote>
"Hoi,
A chapter should keep itself at arms length of the projects.. this is to
ensure that it does not become liable for what happens in the projects.
Thanks,"
<end quote>

Please inform *me* what in heavens name in Dedaluses message
suggests any form of unacceptable connexion between the chapters
and any other organ of anything at all that would create legal liability?

The only thing needed to avoid legal liability for on-wiki action is that
there is no *formal* linkage with official organs of the projects, which
make binding editorial judgements etc. such as arbcoms, checkuser
and the like. The chapters *should* actively encourage editing by
new editors, and old editors alike, as private persons, and in this
sense they should very much indicate their willingess to be involved
with furthering active editing by people, but of course not the
chapters making any sort of editorial judgements. That really would
create legal liability.

And in the absolute, the members of the chapters should be
normal editors themselves. Naturally the people who are in
positions of trust in the chapters should not concurrently hold
positions of _Editorial_Responsibility_. Involvement with a project
does not equate to editorial responsibility, apart from the normal
responsibility that we all have as editors to do the right thing.

I'll go further than that. The chapters being active in the election
of board of trustees would in no way or shape of form create
legal liability for edits on the wikies run by the Foundation, any
more than a citizens action group promoting interest in some
national election would by this action assume legal liability for
passing the laws written by the governing body to which the
representatives were elected. I am sure you are the only one
reading this to whom this needs to be explained.



--
Jussi-Ville Heiskanen, ~ [[User:Cimon Avaro]]