[Wikipedia-l] foundation of a German registered association

[Jimmy Wales]

I'm afraid that I don't really understand what you're saying.  You
seem to be saying two exactly opposite things.  On the one hand, you
say that we can't have a Foundation in Europe because if we do, it
would be legally liable (for takedown notices and the like).  On the
other hand, you say that we need to have a Foundation in Europe so
that it can take on that sort of legal liabilities.

I can tell you that I will not support any Foundation using the
Wikimedia name that is formed without the ability to prevent it from
doing bad things -- trust in the individuals involved is not enough,
because over the passage of time, things may change, and I see grave
dangers for us all in that regard.

I think that the solution is quite simple -- for the Wikimedia
Foundation to form and control the German subsidiary.  This subsidiary
will give the ability for Germans to give tax deductible donations,
will serve as a legal point of contact for any Germany-specific
concerns, etc.

There are already talks in progress for us to do exactly that with a
French foundation, and I will gladly pursue that in Germany as well,
if that would be useful.  

But I will not support a foundation using the Wikimedia name that
might *or might not* send money to the international organization, and
that might serve as a way for some people (not you, I am speaking 30
years in the future) to split the project or use it to make a
lucrative income for themselves without regard to the overall goals of
the international community.

--Jimbo