Steve,
As I mentioned previously, there are certain government agencies
that are legally prohibited from entering into any agreement that
is interpreted by individual state law. The first specific member
who we would like to have join immediately is the US-based
National Geospatial-Intelligence Agency (NGA), who is looking to
become a member and to join the LocationTech working group.
We believe having agencies such as NGA as members will strengthen
the Foundation as a whole.
Please note these governmental agencies are not asking, nor are we
granting, any exemptions from or other modifications to any
specific terms of our Membership Agreement. Rather, we are simply
agreeing to have the Agreement itself interpreted using other laws
other than NY state law. In the case of NGA, the Membership
Agreement would be interpreted under US federal law.
Steve, your comment regarding "potentially very powerful members
who end up not being bound by the membership terms at all" just
doesn't apply - all our members, including these new members, will
be bound by the exact same terms and conditions as
everyone else. Each case considered by the Eclipse Foundation will
be carefully reviewed by our attorneys to ensure that this
important principle remains in place.
On 04/08/2015 4:19 AM, Steve Powell wrote:
Although I
see no objection in principle to amending the clause for a
restricted set of agencies, I would like to see addressed:
- a much clearer definition of which agencies come
under this amendment ("government agencies" sounds far too
imprecise)
- under which law would the agreement be
interpreted for these agencies (there has to be one)?
- if the membership involves exempted and non-exempted
members, which law would apply to a dispute?
I suppose
I'm slightly nervous allowing potentially very powerful
members who end up not being bound by the membership terms at
all.
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