[Foundation-l] Latest board resolutions

Mon Jul 31 06:01:01 UTC 2006

Jeffrey V. Merkey wrote:

snip

>Oh come on guys, WMF is not going to get swept away, and they do not 
>enjoy "sovereign immunity" because they are
>
>1. Not a State (11th Ammendment)
>2. Not the United States Goverment (must have Waiver of Immunity)
>3. Not an Indian Nation
>  
>
I think we were talking about practical immunity from problems large 
enough to cause problems.  Not sovereignty.

>They are a non-profit corp, which gives them all the rights of any 
>citizen (since a corporation is a citizen).
>  
>
Right.   Which means in case of judicial error the corporation is likely 
to be ordered to liquidate all assets if necessary to partially fullfull 
any penalties assessed by the court.

Ever hear of anyone bankrupted by an auto accident?

>They do GOOD THINGS, and they act in GOOD FAITH.
>  
>
So we assume.  Errors are possible.   Some potential errors might be 
costly and could be life threatening to the erring entity.  Particularly 
if at times cash reserves are low.

>They are not going away (unless they want to), getting smashed, or being 
>litigated into oblivion. If things really get
>that bad, they can co-locate their hosting on Indian Land somewhere 
>under "Native American Language Preservation"
>and then they truly will have immunity from most causes of action if the 
>program is run by one of the tribes with an English version
>of the site as an adjunct "add on" non-primary site.
>
>  
>
So are there Sovereign Indian Lands somewhere which directly border 
Canada or Mexico such that a data fiber link could be established 
between the international internet and the servers without crossing U.S. 
jurisdiction?

regards,
lazyquazer