Re: [gentoo-project] [gentoo-nfp] Foundation meeting agenda for April 2018 - update1

[Matthew Thode]

On 18-04-16 11:05:33, Daniel Robbins wrote:
> On Mon, Apr 16, 2018 at 10:42 AM, Daniel Robbins <drobbins@××××××.org>
> wrote:
>
> >
> > Will no longer be replying to this thread, if I can help it.
> >
>
> OK, I am going to post one more reply. Here's my opinion on the whole ban
> situation.
>
> This is the gentoo-nfp list, which is on Foundation infrastructure, and is
> supposed to allow discussion related to the Foundation. ComRel is not an
> entity that is accountable to the Foundation, and by banning me on this
> list, you are infringing my right as a Foundation member to offer feedback
> related to the direction of Gentoo Foundation. This is particularly
> egregious as I am the founding member of the Foundation, and the project
> that it oversees, and clearly my opinion holds some value, whether you
> agree with it or not.
>
> Therefore, I will consider any further action against me on this list, to
> silence me or otherwise prevent me from expressing my views, as a violation
> of my rights as a Foundation member and I would consider that as something
> that I could pursue legally. One of the downsides of ComRel having no
> accountability or tie to the Foundation is you really have no authority to
> enforce any bans here. The CoC is not part of the Foundation's bylaws.
>
> I am going to extend this to wltjr. Whatever you think of him, he is a
> former trustee. His opinions and posts are important due to his experience
> leading the Foundation in the past, and whatever you think of him
> personally, he does care about Gentoo and has a successful track record as
> a trustee. Therefore, I consider his ban to be inappropriate and frankly
> disruptive to further improvements of the Foundation. If you don't like
> something or other that he did in the past, then you will need to treat
> that as a completely separate issue, and you can deal with that however you
> want as long as it is addressed solely within your scope of influence,
> which is "gentoo developer land."
>
> I would also add that any Foundation members should not be banned on this
> list. Really, any gentoo list or infrastructure -- but this list in
> particular. However, you are free to enforce the CoC on GENTOO DEVELOPERS,
> over whom the CoC has jurisdiction.
>

First IANAL.

The rights of foundation members are not as much as you seem to think.

It basically says that you have to be able to vote. (see section 3.10 of
the bylaws).  At the moment, voting by all members is only scheduled for
the election of trustees.  In that case you can submit your vote via
email to the trustees alias.

Notice of the meeting is primarilly done via the topic in the trustees
irc channel.  The nfp and project mailings are secondary and informitive
only.  Even then, you can still access the lists in read only mode.

While I could not find refrence to the ability to submit meeting topics,
I also could not find where it states the Trustees / Foundation must
take up those topics.  In any case you are still able to submit the
topics via email to the trustees alias (as can be seen from the items I
added that don't have coresponding nfp mail list links).

Finally, as to wltjr's ban.  At the moment he is not a member and has no
'rights'.  Further, even if he was a member, given the above, his bans
would not affect his ability to vote.

-- 
Matthew Thode (prometheanfire)