Hi, Thank you all for the insightful and reassuring responses. WMF agreed to extend our current chapter agreement for a couple of months so that we have more time to go over the details and ask questions, and discuss it with the membership of the chapter. Cheers,
Gonçalo Themudo *Presidente* *Wikimedia Portugal* *Email: *goethe.w...@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.* GoEthe.wiki <goethe.w...@gmail.com> escreveu no dia segunda, 28/01/2019 à(s) 01:58: > (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) > > - > > “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. > > > - > > 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 tradema...@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.w...@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.* > > _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines and https://meta.wikimedia.org/wiki/Wikimedia-l New messages to: Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, <mailto:wikimedia-l-requ...@lists.wikimedia.org?subject=unsubscribe>
