Wiki source code of Legal Framework
Last modified by Robert Schaub on 2025/12/18 12:03
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| author | version | line-number | content |
|---|---|---|---|
| 1 | = Legal Framework = | ||
| 2 | == 1. Purpose == | ||
| 3 | The Legal Framework page summarises the main legal aspects that affect FactHarbor as a small organisation and open-source project. | ||
| 4 | == 2. Organisational Form == | ||
| 5 | The precise legal form (e.g. association, foundation, company, or hybrid) will be chosen based on jurisdiction, funding needs, and governance requirements. | ||
| 6 | Regardless of the final form, the organisation should support: | ||
| 7 | * transparent governance | ||
| 8 | * open collaboration and community involvement | ||
| 9 | * clear rules for asset ownership (code, data, documentation). | ||
| 10 | == 3. Future Non-Profit Entity and Mission-Lock == | ||
| 11 | In the medium term, FactHarbor is intended to be operated by a **mission-locked non-profit entity**, for example a Swiss Verein or a comparable legal form in another jurisdiction. | ||
| 12 | The key design intentions are: | ||
| 13 | * **Mission-locked purpose** | ||
| 14 | * The legal entity exists to pursue the FactHarbor mission: helping people understand complex, unclear, and contested information on an evidence-based foundation. | ||
| 15 | * All activities and uses of funds must remain compatible with this public-interest purpose. | ||
| 16 | * **No profit distribution** | ||
| 17 | * Any surplus is reinvested into the mission (infrastructure, development, organisational work, community support). | ||
| 18 | * There is no distribution of profits to founders, members, or donors. | ||
| 19 | * Fair, market-aligned salaries and reimbursements for work are allowed where they fit the legal form and funding situation. | ||
| 20 | * **Independence from funders** | ||
| 21 | * Funders (donors, grant-makers, customers) cannot unilaterally override the Governing Team or the mission. | ||
| 22 | * Governance rules should prevent capture by a single sponsor or interest group. | ||
| 23 | * **Asset and IP stewardship** | ||
| 24 | * Critical assets (domains, repositories, trade names, trademarks where applicable) are held by the non-profit entity, not by individuals. | ||
| 25 | * Open source and open content licences remain the primary tools for protecting long-term use and auditability. | ||
| 26 | * Where early assets were held by the Founder or an initial entity, a transparent **Asset Transfer Protocol** must document how they are transferred to the non-profit. | ||
| 27 | * **Dissolution and continuity** | ||
| 28 | * If the non-profit is dissolved, remaining assets should be transferred to another mission-compatible, non-profit organisation. | ||
| 29 | * The goal is that the knowledge and artefacts created by FactHarbor remain usable and accessible as far as legally and technically possible. | ||
| 30 | These principles are design guidelines. | ||
| 31 | The concrete implementation (legal form, statutes, contracts) must be reviewed and adapted by qualified legal counsel before being used in practice. | ||
| 32 | == 4. Intellectual Property and Licences == | ||
| 33 | * Code, documentation, and data are licensed as described on the [[Open Source Model and Licensing>>FactHarbor.Organisation.Open Source Model and Licensing]] page. | ||
| 34 | * Contributors retain copyright to their contributions but grant the organisation and the public the rights described in the relevant licences. | ||
| 35 | * Contribution processes should include clear licence notices so that contributors know what they agree to. | ||
| 36 | == 5. Data Protection == | ||
| 37 | FactHarbor must respect applicable data-protection laws (e.g. GDPR or local equivalents). Key principles: | ||
| 38 | * minimisation of personal data stored | ||
| 39 | * clear consent and privacy notices where required | ||
| 40 | * secure handling of donor and user data | ||
| 41 | * the ability to respond to access and deletion requests where applicable. | ||
| 42 | == 6. Contracts and External Partners == | ||
| 43 | Where contracts with funders, hosting providers, or partners are required: | ||
| 44 | * they must not compromise FactHarbor’s independence and neutrality | ||
| 45 | * they must be documented and accessible to the Governing Team | ||
| 46 | * conflicts of interest must be disclosed. | ||
| 47 | == 7. Future Work == | ||
| 48 | More detailed legal material (e.g. draft statutes, terms of use, privacy notice) will be developed in collaboration with legal advisors and stored as separate documents or pages. |