Re: [RFC] On the roles of Maemo Council and Maemo e.V.
 

the seventeenth effort:

HiFo or MCeV or whoever is
trustee
appointed by the
Beneficiary Maemo Community

The trustee (eventually) receives assets from Nokia who want those assets to become property of Maemo Community and hand it to the trustee for the sole purpose to handle it according to his role as community proxy.
The trustee received and holds donations from Maemo Community members which been bound to getting used for, and according to voiced interest of, Maemo Community at large, as well as particular donors.

The trustee is supposed to

• Carry out the expressed terms of the trust instrument
• Defend the trust
• Prudently invest trust assets
• Be impartial among beneficiaries
• Account for actions and keep beneficiaries informed
• Be loyal
• Not delegate
• Not profit; however, may charge fees for services to the Trust
• Not be in a conflict of interest position
• Administer in the best interest of the beneficiaries

It is quite obvious that the trustee is supposed to listen to any interest the Maemo Community voices, consider if it's legal, and in case there's no conflict with law, act accordingly, so to "administer in the best interest of the beneficiaries".

Particularly it's not up to trustee to ignore the beneficiary for an arbitrary period of time (like 6 months, one year) after appointment and act on own agenda not discussed with and acknowledged by beneficiary, since this is not a representative or indirect democracy, but rather a direct deliberative democracy if anything, with any entity like Council and HiFo serving to administrate and facilitate and execute decisions of community, but not decide or take own initiative and agenda.
It's also obviously not up to trustee to redefine the beneficiary.

Re: [RFC] On the roles of Maemo Council and Maemo e.V.
 

Constructive debate of legal obstacles around HiFo and e.V. is distorted by discussion of personalities. If the topic was started by a programmer seeking to improve/re-invent a program, the programmer would have left the thread long ago.

Are you even reading the tags of the thread? :) I am ROFL!!!!!!

Does HiFo board have the right to terminate HiFo and have over its assets? And when will there be elections to MC e.V. board?

MC e.V. and HiFo co-existing was a possible model where the eV would be a Booster club only.

Who has to have access to the bank? All board members, all EU-resident board members, or the 3 board members signing at court?

A regular bank to have signers accepted EU-wide for an account with reasonable fees + charges would be brilliant. Not like there is a worldwide bank... Thank you, Chemist!

Council is not legally obligated to carry out the whims of the community, but it is obligated to consider the wishes of the community, and move in the same direction, as far as legally possible.

That's a bit of discrimination. As far as I know from "My Fair Lady", it is (some of) foreigners that can practice English to perfection; most native speakers have some kind of accent. When you attack a person for errors in English language, there is no need to carry the insult further by speaking about the speaker being not-native.

And thank you for writing about the controlled hand-off.

Thank you for the helpful clarification.

Best wishes.
~~~~~~~~~~~~~~~~~
Per aspera ad astra...

Re: [RFC] On the roles of Maemo Council and Maemo e.V.
 

close, it is not the trustee , but the legal entity that the the "trustee" is a trustee for that receives the assets.


again close - it is not " is it legal" that they consider, but "is it in the best interests of the entity (community in this case)"

Re: [RFC] On the roles of Maemo Council and Maemo e.V.
 

Quick line...
Are you telling me that "trustee" has right-and-obligation to do something illegal if it is deemed to be in the best interests of the community? And, who determines "best interests" - community or trustee?
Best wishes.

Re: [RFC] On the roles of Maemo Council and Maemo e.V.
 

Tell me, how's trustee deciding that the interest of community is not in best interest of community? Patronizing?

Re: [RFC] On the roles of Maemo Council and Maemo e.V.
 

Wikiwide, bizarre scenario but ok...

Before answering that i need to point out that i missed a link in the chain.

The trustee considers if it is in the best interests of the legal entity, the legal entity is there for the best interests of the entity (community).

If the trustee decides that something that is illegal is in the best interests of the legal entity they are a trustee for, then the legal entity is liable for the consequences, and in all honesty if you have sane laws then the legal consequences in their own right should make it not in their best interests. The trustee can also choose to step down.

Sadly this basic structure also applies ( although not in a legally enforceable sense ) in "outlaw originations", and your above statement is true.

The trustees that were voted in determines "best interests".

Re: [RFC] On the roles of Maemo Council and Maemo e.V.
 

The electorate vote for the Representatives that they believe hold their views of what is in the best interests of the community*, that is what election campaigns and voting are all about.

this system is used because it is simply not practical to hold a referendum for every little thing, instead you choose a representative to "represent your views"


*entity, electorate

Re: [RFC] On the roles of Maemo Council and Maemo e.V.
 

No, this is _not_ and never been a representative democracy. And there's no referendum needed for every little decision. Council is supposed to know what's happening in community, even asking if something is not obvious, and act accordingly in a responsive manner, I.E. during days. Referenda are basically only needed for changing the rules and for really severe decisions that can't get discussed and unanimously (with all participating community members) decided by council in e.g. the weekly meetings.
On a second thought there's basically nothing to decide at all, usually. "shall we do another coding contest?" sure go ahead! "will maemo council organize it?" probably not since not enough manpower, up to community members to do that. "will council support?" Sure thing, that's what council is made for. "shall we get more harddisks for servers?" ask techstaff, they will tell you if we need "will council buy them?" no, but council will tell HiFo that techstaff says servers need more harddisks and HiFo will (hopefully) buy them. "shall we rename talk.maemo.org into talk.jolla-community.org?" No, not technically feasible and makes no sense at all...

Re: [RFC] On the roles of Maemo Council and Maemo e.V.
 

joerg_rw i pose you this question:

for council* how do they know what the electorate^ thinks is in the best interests of the electorate^?

*board, or any entity for that matter

^community, entity they represent

Re: [RFC] On the roles of Maemo Council and Maemo e.V.
 

By listening to community and the intentions and interests that get voiced. And of course by applying simple common sense