Hi all.

Gilbert sent this to me.  He's not subscribed to general so he's not up to 
speed with the rest of the thread.  I assume he came across the vote 
proposal and fired this off to me.  I'm reposting it here with his 
permission.  I'll try and respond to it via the list.

-iain


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>Date: Thu, 21 Sep 2000 13:14:25 -0400
>To: Iain Shigeoka <[EMAIL PROTECTED]>
>From: Gilbert Carl Herschberger II <[EMAIL PROTECTED]>
>Subject: JOS President??? No way.
>
>Look at the constitution of the JOS Project which has been accepted by most
>members of the JOS Project. There is no provision for the office of
>president. There can be no president of the JOS Project unless the
>constitution makes room for it. Only the constitution can define the role
>of a president.
>
>Nominating a president and voting on it is outrageous. It may be a
>misguided attempt to fix the public relations problems of an open source
>and free license project. While you are working hard to make the JOS
>Project succeed, I think you're going about it the wrong way.
>
>Start a legal organization of your own. Call it something else. If you want
>to start your own organization with yourself as president, there is no
>problem. If your organization is dedicated to promote the JOS Project,
>there is no problem. If you want to link the JOS Project and your
>organization together, there is no problem. But, your organization /is not/
>the JOS Project.
>
>None of the members of the JOS Project are employees. None of them are
>under contract. The JOS Project is not a non-profit organization. It is an
>open source project. No member is required to follow a "president" anyway.
>Anyone acting as "president" is acting on their own. Claiming to be
>"president" when there can be no president destroys the credibility of the
>JOS Project as an open source initiative.
>
>No contract signed by such a "president" is legally binding on any member
>of the JOS Project. It might be binding on members of your own organization.
>
>No license expedited by such a "president" is legally binding on any source
>code added to the JOS Project umbrella. In no way does a JOS License
>supercede the license chosen by its original author. A vote for a
>"president" is a hollow and misleading victory. It accomplishes nothing.
>
>To use your priviledges as webmaster to announce your candidacy for
>president might be considered an abuse of power. You need to step back and
>look at what you're doing. The JOS Project doesn't own anything. It is not
>a legal entity. No one person can speak on behalf of its members. It
>doesn't need a president.
>
>Using the JOS Project mailing list to conduct a vote for president is
>contrary to the constitution. First of all, the constitution must be
>ammended to create a presidential office. If that vote succeeds, rules for
>the office of president must be adopted in the same way. The constitution
>has provision for this already.
>
>Have you become so impatient? Why is that? Please don't get ahead of
>yourself. You should work with individual authors as I have done. Only the
>jJOS/decaf subproject has moved to SourceForge, not the JOS Project. People
>sometimes forget themselves because they want something so much. Don't let
>that happen to you.


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