(sorry for cross-posting, but since this is a time sensitive issue, I would like to get as many comments as possible)
Dear all,
Last 30 October, the Wikimedia Foundation (WMF) decided it needed more time to evaluate the case of Wikimedia Portugal, it extended the suspension of Wikimedia Portugal, and said that they must use the time that would otherwise be the termination period for the Chapter Agreement between Wikimedia Portugal and the Wikimedia Foundation, therefore giving notice of termination of the Chapter Agreement. WMF also said that if Wikimedia Portugal fully and completely resolved the issues described above and otherwise remained compliant with its obligations as a chapter - which happened, and the suspension was lifted - then WMF would sign a new chapter agreement with Wikimedia Portugal. The current chapter agreement therefore terminates this 31 January. On 25 January WMF sent us a new proposal of Chapter Agreement for Wikimedia Portugal to sign. It can be seen here, side by side with the current Chapter Agreement Wikimedia Portugal has with the WMF:
https://pt.wikimedia.org/wiki/Utilizador:Alchimista/Chapter_Agreement
This new proposal differs in many ways from the Chapter Agreement currently in place, and from the ones other chapters have signed (at least the ones that are public) and we have several questions about it, so we would like to ask the Wikimedia Portugal associates, other affiliates and the Wikimedia community in general to help us by clarifying some of these questions and weigh in on the advantages and disadvantages of continuing being a WMF affiliate under these changed conditions.
We have also accordingly asked from the WMF a two month extension of the current Chapter Agreement, to allow for proper discussion of their proposal.
Main concerns:
These are some of the main differences we found that are concerning us (first in italic the current agreement, second in bold the new proposal)
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“This Chapter is authorized to cover the geographic region of the Portugal. The Foundation will not seek to create or authorize the creation of any additional chapter within this geographic region. The Foundation will not engage with other local organizations without consulting with the chapter.” (Current CA) disappears entirely, and becomes “WMF hereby recognizes Chapter as part of the Wikimedia movement supporting its Focus Area.” (i.e. Portugal) -
Chapter shall do business as “Wikimedia Portugal, an independent organization for Wikimedia volunteers in Portugal”, irrespective of its locally incorporated name. - this seems unique among chapters, and in our view conflicts with the possibility of affiliates including both volunteers and professionals, as well as both Wikimedians and people otherwise engaged and interested in programs, such as teachers, librarians and museologists. The tagline also seems cumbersome, awkward and we don’t understand its purpose.
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The Foundation agrees to support the activities of the Chapter and to not engage in any activity that might negatively impact the work or image of the Chapter. (This disappears in the current proposed agreement) -
Exhibit B, 2. Approved use: Use of trademarks seems to be limited to the geographic space of Portugal: “with respect to Chapter’s activities in Portugal”. Does this mean that use in events, activities and partnerships involving other countries (Wikimedia España, other Iberocoop members, etc) requires a special authorization beforehand? -
Exhibit B, 2. Approved use: “Promotion material that is not intended for Wikimedia outreach activities or community-focused events as defined in the Wikimedia Trademark Policy (which may be found at < https://foundation.wikimedia.org/wiki/Trademark_policy >) are not approved under this License and would require specific approval under Section 3 below.” This one is a bit convoluted and even within our group we have different understanding of what this means. Many of our present and past activities include GLAM partnerships, photo contests, and conferences not in “WikiCon” style. By following the link for the Trademark policy, it is not clear if these activities are included in the definition of outreach or if section 4 of the Trademark policy apply. This could mean that these activities need a bureaucratic procedure defined as a permission in writing (by physical mail or by an email to trademarks@wikimedia.org) to use the Wikimedia Marks outside the scope of this License (“ Additional Use ”). Each such request must include: (1) reference to this agreement; (2) attached samples of the proposed use; and (3) the date(s) and scope of the proposed use. Bureaucratic procedures increase enormously from the current situation, without giving any apparent advantage over non-affiliate community members; -
Use of the name and logo of Wikimedia Portugal in its fundraising campaigns apparently must now be authorized beforehand (points 3.2 and 3.3 of the Trademark Policy https://foundation.wikimedia.org/wiki/Trademark_policy ) -
Exhibit A, 5.4 Chapter governance reports: “Upon the request of WMF, but no more than once per year, Chapter shall provide WMF with a report analyzing the effectiveness of Chapter’s governance structures. The report shall be prepared by a firm external to Chapter, and Chapter shall provide WMF with a copy of the report written in or translated into English.” In an organization with limited resources such as Wikimedia Portugal, having to comply with such a request without providing the means to realize it would most probably dictate its end. We would rather have it explicitly state what conditions would trigger such a report, and that it would not be a financial burden; -
Termination: “The term of this agreement is one year and is automatically renewed unless notice is given three months in advance by either party.” (Current CA) becomes (7.1) “This Agreement will automatically renew for additional 1-year terms (“ Renewal Term ”), unless either party provides written notice of its intent not to renew 30 days prior to the end of the Term or Renewal Term.” (7.2) “This Agreement may be terminated by either party without cause upon 60 days written notice to the other party.”
Thank you for your attention, and we appreciate any comment you might have.
Best regards,
Gonçalo Themudo
*Presidente* *Wikimedia Portugal* *Email: *goethe.wiki@gmail.com *Website: *http://pt.wikimedia.org https://sites.google.com/view/themudo *Imagine um mundo onde cada ser humano pode partilhar livremente a soma de todo o conhecimento, na sua própria língua.*