Mailing List Archive: 2014-02-25 Meeting Minutes

2014-02-25 Meeting Minutes

Feb 28, 2014, 12:59 PM

Post #1 of 4 (1202 views)

2014-02-25 Meeting Minutes
2014-02-28 10:55 UTC by Jussi Ohenoja

Meeting held on FreeNode, channel #maemo-meeting (logs:
http://mg.pov.lt/maemo-meeting-irclog/%23maemo-meeting.2014-02-25.log.html)

Attending: Joerg Reisenweber (DocScrutinizer05), Ruediger Schiller
(chem|st), Gido Griese (Win7Mac), Paul Healy (sixwheeledbeast), Jussi
Ohenoja (juiceme).

Absent:

Summary of topics (ordered by discussion):
- Discussion on moving Hildon Foundation to a german e.V.

Topic (Discussion on moving Hildon Foundation to a german e.V.):

- Win7Mac has consulted a lawyer on the responsibilities of directors
of an E.v. and the extents of liability. It seems that directors are
"only liable for damage by gross negligence and intent" so there
propably is no need for an extra insurance for the directors. There was
some general talk over liability, and juiceme asked if there is any
possibility that in EU there could be similar threat of litigation that
Woody was fearing could happen to HiFo in US. General consensus seems to
be that it is not likely.

- chem|st asked if Win7Mac will take care of the "Nokia" statements
all over the website, and check that there are no unappropriate binaries
in repositories.

- Win7Mac presented the work-on-progress for the changing of
names/terms in the legal documentation on the website:

- Contribution Guidelines: https://etherpad.mozilla.org/VkZSfdJhCI
- Terms + Conditions: https://etherpad.mozilla.org/tIXtr7R0nI
- Privacy Policy: https://etherpad.mozilla.org/oKCqgAcoTP

- Win7Mac told that when the documenation has been finished it will be
reviewed again by a lawyer, and should be finalized by friday this week.

Action Items:
N/A

--
- Juice -

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2014-02-25 Meeting Minutes [ In reply to ]

nobody at maemo

Feb 28, 2014, 12:51 PM

Post #2 of 4 (907 views)

Permalink

Meeting held on FreeNode, channel #maemo-meeting ([logs][1])

**Attending:** Joerg Reisenweber (DocScrutinizer05), Ruediger Schiller (chem|st), Gido Griese (Win7Mac), Paul Healy (sixwheeledbeast), Jussi Ohenoja (juiceme).

**Absent:**

**Summary of topics (ordered by discussion):**
- Discussion on moving Hildon Foundation to a german e.V.

**Topic (Discussion on moving Hildon Foundation to a german e.V.):**

* Win7Mac has consulted a lawyer on the responsibilities of directors of an E.v. and the extents of liability. It seems that directors are "only liable for damage by gross negligence and intent" so there propably is no need for an extra insurance for the directors. There was some general talk over liability, and juiceme asked if there is any possibility that in EU there could be similar threat of litigation that Woody was fearing could happen to HiFo in US. General consensus seems to be that it is not likely.
* chem|st asked if Win7Mac will take care of the "Nokia" statements all over the website, and check that there are no unappropriate binaries in repositories.
* Win7Mac presented the work-on-progress for the changing of names/terms in the legal documentation on the website:

* [Contribution Guidelines][2]
* [Terms + Conditions][3]
* [Privacy Policy][4]

Win7Mac told that when the documenation has been finished it will be reviewed again by a lawyer, and should be finalized by friday this week.

**Action Items:**

* N/A

[1]: http://mg.pov.lt/maemo-meeting-irclog/%23maemo-meeting.2014-02-25.log.html
[2]: https://etherpad.mozilla.org/VkZSfdJhCI
[3]: https://etherpad.mozilla.org/tIXtr7R0nI
[4]: https://etherpad.mozilla.org/oKCqgAcoTP

URL: http://maemo.org/community/council/2014-02-25_meeting_minutes/
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Re: 2014-02-25 Meeting Minutes [ In reply to ]

nieldk at gmail

Mar 1, 2014, 1:02 AM

Post #3 of 4 (1153 views)

Permalink

Well, I am not so absolutely coninced about the liablity for Directors in
EU...
First of all, EU is kinda like The States.
We have the regulations set by EU, which member states are supposed to
coprehend to.
But, there are individual governance in each member state (ie Germany,
Denmark) which does differ on some areas.
Therefore, it is not only EU regulations, but also Country regulations/laws
that needs to be adressed.
In Denmark, there indeed is liabilty for Directors, they could be jailed
for serious issues. Same for Board directors.

I really think this needs to be adressed and for sure is something to
consider for anyone wanting to be Director/Founder.

There is a study on this, located here.
http://ec.europa.eu/internal_market/company/docs/board/2013-study-analysis_en.pdf

/NielDK

PS. I still will stand up :)

On Fri, Feb 28, 2014 at 9:59 PM, juice <juice@swagman.org> wrote:

> 2014-02-25 Meeting Minutes
> 2014-02-28 10:55 UTC by Jussi Ohenoja
>
> Meeting held on FreeNode, channel #maemo-meeting (logs:
> http://mg.pov.lt/maemo-meeting-irclog/%23maemo-meeting.2014-02-25.log.html
> )
>
> Attending: Joerg Reisenweber (DocScrutinizer05), Ruediger Schiller
> (chem|st), Gido Griese (Win7Mac), Paul Healy (sixwheeledbeast), Jussi
> Ohenoja (juiceme).
>
> Absent:
>
> Summary of topics (ordered by discussion):
> - Discussion on moving Hildon Foundation to a german e.V.
>
> Topic (Discussion on moving Hildon Foundation to a german e.V.):
>
> - Win7Mac has consulted a lawyer on the responsibilities of directors of
> an E.v. and the extents of liability. It seems that directors are "only
> liable for damage by gross negligence and intent" so there propably is no
> need for an extra insurance for the directors. There was some general talk
> over liability, and juiceme asked if there is any possibility that in EU
> there could be similar threat of litigation that Woody was fearing could
> happen to HiFo in US. General consensus seems to be that it is not likely.
>
> - chem|st asked if Win7Mac will take care of the "Nokia" statements all
> over the website, and check that there are no unappropriate binaries in
> repositories.
>
> - Win7Mac presented the work-on-progress for the changing of names/terms
> in the legal documentation on the website:
>
> - Contribution Guidelines: https://etherpad.mozilla.org/VkZSfdJhCI
> - Terms + Conditions: https://etherpad.mozilla.org/tIXtr7R0nI
> - Privacy Policy: https://etherpad.mozilla.org/oKCqgAcoTP
>
> - Win7Mac told that when the documenation has been finished it will be
> reviewed again by a lawyer, and should be finalized by friday this week.
>
> Action Items:
> N/A
>
>
> --
> - Juice -
>
> _______________________________________________
> maemo-community mailing list
> maemo-community@maemo.org
> https://lists.maemo.org/mailman/listinfo/maemo-community
>

Re: 2014-02-25 Meeting Minutes [ In reply to ]

maemo at gido-griese

Mar 2, 2014, 4:33 AM

Post #4 of 4 (1146 views)

Permalink

Am 01.03.2014 10:02, schrieb Niel Nielsen:
> Well, I am not so absolutely coninced about the liablity for Directors
> in EU...
> First of all, EU is kinda like The States.
> We have the regulations set by EU, which member states are supposed to
> coprehend to.
> But, there are individual governance in each member state (ie Germany,
> Denmark) which does differ on some areas.
> Therefore, it is not only EU regulations, but also Country
> regulations/laws that needs to be adressed.
> In Denmark, there indeed is liabilty for Directors, they could be
> jailed for serious issues. Same for Board directors.
>
> I really think this needs to be adressed and for sure is something to
> consider for anyone wanting to be Director/Founder.
>
> There is a study on this, located here.
> http://ec.europa.eu/internal_market/company/docs/board/2013-study-analysis_en.pdf
>
> /NielDK
>
> PS. I still will stand up :)

From what I read, the mentioned study relates to commercial companys and
often refers to stock corporation law. This has to be distinguished from
associations that operate on a voluntary basis.
National law for sure is the first thing to look at and for an e.V in
germany, that's especially the "Bürgerliches Gesetzbuch" (BGB). The
relevant part is § 31a: http://dejure.org/gesetze/BGB/31a.html
This law basically limits liability for any *volunteers* that are
members or agents of *bodys* of the association to damage by gross
negligence and intent. If a negligence is gross or minor, is depending
on what a judge may think.

This includes inbound (towards members) and outbound (towards 3rd
parties) liability.
Towards 3rd parties, the association and its' directors are jointly and
severally liable.

For members holding positions in bodys, it is highly recommended to have
a personal liability insurance. But this is something you should have
anyway if you're leaving the house occasionally.

For the association, a similar liability insurance may be recommended,
which acts like a legal protection insurance. In addition or
alternatively, a "fiduciary malpractice insurance" may be considered.
But I doubt the costs would be justified with an estate like ours.

Regards

--
Win7Mac/Gido Griese

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