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Statutes

1. Name and location of the association

The association has the name Foundation for a Free Information Infrastructure. The association is registered as Förderverein für eine Freie Informationelle Infrastruktur e.V. The association is registered in Munich. The association exclusively and directly pursues purposes for the common benefit in the sense of section "tax-benefited purposes" of German tax law article i) paragraph j).

2. Purpose of association: make information infrastructures accessible

The purpose of FFII is promotion of data-processing literacy and digital privacy by supporting the creation of those public information goods on whose free availability private productivity in data processing and digital privacy depends most, and by supporting research into the effects of different regulatory frameworks on such productivity and privacy.

The aim of the association is public education by making accessible, creating and legally securing public information goods, i.e. information goods for which the following criteria can be best applied:

2.1. Free use:

Everybody can use (e.g. that it can used, developed and redistributed, at least if the conditions needed for public benefit as listed here are preserved) the information, without needing the consent of possible owners (e.g. owner of author, copyright, patent, exploitation or other rights).

2.2. Openness of sources:

The information is available in source form (primary form), i.e. the form in which is was designed and would be used for further development by the author.Everybody has the chance to grasp the initiative to further develop the information good. The way for doing this is not blocked by unnecessary barriers. For further development no non-free development tools are needed.

2.3. Interoperability:

The information can be used and developed independently of other information goods, especially independently from software products that do not satisfy both above criteria. All "system requirements" of the information good are publicly specified, i.e. not in the form of manufacturers' or product names but in form of references to freely available descriptions of freely implementable interfaces.

These interfaces allow automatized access for the main functionality available to the outside, are built up systematically and do not contain unneeded complexity, are fixed by definitive documentation and independent from the further development of the information good.

2.4. Educational value:

The information opens access to knowledge and methods hitherto closed. It is suited to increase the ability of their users. It does not contain any anti-enlightenment elements (e.g. product advertisement, pornography and hate propaganda).

2.5. Enhancing privacy:

Civil rights in a digital environment are built with free information infrastructures to enhance communications- and data privacy.

3. Desired effects: education, compatibility, protection of environment, cultivation of culture

The spreading of public benefit information works in sense of the association's purpose has some desirable societal effects, by which the association will be guided when choosing its work focus:

3.1. Enlightenment:

• Motivation for understanding use of data processing systems, enabling to cope with unexpected problems, guidance to set oneself free of self-encumbered informational immaturity.
• Unrestricted access to the world cultural heritage, to lexica, handbooks and teaching materials, unrestricted integration of these works in all kinds of data processing materials.
• Experiencing the joy of creating and sharing information instead of hoarding information. Cultivation of hacker ethics as described by E.S.Raymond.

3.2. Compatibility, free access to key technologies:

Public information prevents for market monopolies. When two systems do not match together, all competitors have the access to information that is necessary to help themselves and enable exchange.

3.3. Fostering local language and culture:

Free information localizes informational competence. We care that important information is available for local persons in their language.

4. Means: Educational events, public tenders, buying free, patenting free

The purpose of the statute are realized particularly by:

1. Organisation of talks, lectures, seminars and other public education events including, but not limited to, press releases, multimedia broadcasting and other web related means of communications.
2. Generation of public information by public tender of works or buying (and liberating) existing information works.
3. Measures to protect free information against attacks by software patents. For this benefit the association may for example "patent free" technology invented by members or friends that is patent these technologies and irrevocably guarantee their usability in free information works.

The association only takes roles that companies oriented for profit cannot do according to its purpose. It popularizes, generates and protects information for the public benefit, but does not compete with distributors or internet access providers.

5. Sources and Use of Means

1. The association acts selflessly; it does not principally follow microeconomic aims.
2. The association is financed by membership contributions and donations.
3. The association's funds may only be used for goals specified in the statutes.
4. The services provided by the association address the entire public. Association members do not have privileged access. Whenever services are offered for fee, members do not receive a discount.
5. No person may be inadequately advantaged or disadvantaged by payments alien to the purpose of the association or benefit from inadequately high remuneration.
6. All income and expenditure of the association, and judgment criteria to be decided by the general assembly according to the association's purpose, are publicly documented in written form.

6. Membership

1. The founders are members of the association.
2. Admission of new members is on the basis of a written application to the board.
3. The board's decision is communicated to the applicant and all members.
4. The association has active members and contributing members.
5. Admission of new active members is on the basis of a written application to the general assembly.
6. The general assembly's decision is communicated to the applicant and all members.
7. Only active members may vote in the general assembly and may candidate and be elected to the board.
8. Admission of an active member's procuration vote is on the basis of a written application to the board.
9. Active members are expected to shoulder a certain responsibility within the association.
10. An active member becomes a contributing member if the member so wishes.
11. All members may attend, speak and table motions to the general assembly.
12. Organisations may become members of the association, but the rights of such a member can only be represented by a natural person.
13. Organisations may become active members by endowing a natural person with active membership for a continuous period of at least two years.

7. Contributions, Loss of Membership

1. The association charges an annual membership fee. Its amount is determined by the general assembly.
2. All voluntary contributions are owned finally and unconditionally by the association from after receipt.
3. Every member can immediately leave the association by telling its intention to the board.
4. An admission to be an active member may only be withdrawn on the basis of an adoption of a motion tabled to the general assembly.
5. A member can only be excluded from the association on the basis of an adoption of a motion tabled to the general assembly.

8. Organs of the Association

1. The institutions of the association are the general assembly and the board.

9. General Assembly

1. The board calls for a general assembly at least once a year. The invitation has to be sent out to all members in written form at least 30 days before the date of the general assembly and include an agenda with available reports, budgets, candidates and motions attached. The agenda must include at least the following items:
   1. Assembly setup
      1. Opening of the assembly
      2. Assessing the quorum
      3. Assessing the validity of the assembly
      4. Adoption of the agenda
      5. Election of assembly chairman
      6. Election of assembly secretary
      7. Election of assembly controllers
      8. Election of assembly vote counters
      9. Admission of new active members
      10. Admission of procuration votes
      11. Establishing of the list of eligible voters
      12. Granting of non-members the right to attend and to speak
   2. Exoneration procedure
      1. Activity report
      2. Financial report
      3. Financial controllers' report
      4. Exoneration of the board
   3. Budget procedure
      1. Presentation of the budget
      2. Decision on membership fees
   4. Motions procedure
      1. Motions from the board
      2. Motions from the membership
   5. Election procedure
      1. Decision on the size of the board
      2. Election of board members
      3. Election of reserve board members
      4. Election of financial controllers
      5. Election of election commissioner
   6. Other issues
   7. Closing of the assembly
2. The general assembly may be held in Munich, Germany, or in a location that has been approved by the previous general assembly.
3. The general assembly may grant non-members the right to attend and to talk.
4. The board may call for an extraordinary general assembly. The invitation has to be sent out to all members in written form at least 30 days in advance and include an agenda as described above.
5. One third of the active members may oppose a call for an extraordinary general assembly within one week after the invitation has been sent out.
6. The board must call for an extraordinary general assembly if one third of the active members asks the board to do so.

10. Board

1. The board consists of one president, one secretary and one treasurer, up to two vice-presidents and up to two assessors. The board constitutes itself within two weeks after its election. Each board position is held for 2 years.
2. In court and out of court the association is represented by the president or by a vice-president or by two members of the board.
3. The board manages the routine tasks of the association. It manages the association's assets.
4. A board member can resign from the board at any time by informing all members of the association.
5. The general assembly may elect reserve board members and may determine rules by which these should fill vacant positions. If a position cannot be thus filled, the board may, by unanimous decision, fill it with a candidate of its own choice, whose term ends on the day of the next general assembly.

11. Affiliated organisations

1. The association may become an affiliate with another organisation.
2. An affiliate organisation must share the same values as the association.
3. All relations between the affiliate and the association are governed by a written affiliation agreement signed by both boards and published to all members of both organisations.
4. Admission of new affiliates is on the basis of an adoption of a motion tabled to the general assembly.
5. Affiliation agreements may be terminated on the basis of an adoption of a motion tabled to the general assembly.

12. National Chapters

1. The association may have national chapters.
2. A national chapter must have the following articles in its statutes:
   1. Article I: FFII.NN is an independent chapter to Förderverein für eine Freie Informationelle Infrastruktur e.V. (FFII) and aims at coordinating its activities with that of FFII as far as the general assembly of FFII.NN and NN national law allows.
   2. Article J: The board of FFII.NN has to present to the general assembly of FFII.NN an activity report which includes an evaluation of the coordination of FFII.NN's activities with those of FFII in accordance with Article I) above.

13. Formal Requirements

1. Resolutions of the organs of the assembly and documents norming the association's life have to be documented in written form, have to be communicated to all members at the same time and have to be archived for later access.
2. "Written form" is used as generic term for all representations that permanently conserve speech. The preferred format for board resolutions is digitally signed text. The preferred means of communication is electronic mail. Synchronization is achieved via a mailing list distributor. The preferred form of archival is publicly accessibly hypertext, that should satisfy the requirement for information works for the public benefit as much as possible.
3. The mail distributor and the hypertext archive of the association are available to every member for reading and writing participation. Every member has to ensure that he/she is reachable for other members via the email distribution list. No member can demand information in others than the above-mentioned preferred forms.
4. Active members can vote in a general assembly without being present by submitting at least one day for the assembly a digitally signed document to an email processor in a yet to be defined syntax. The details of this procedure have to be approved by the general assembly.

14. Change of statutes

1. The statutes and the purpose of the association can be changed by adoption of a motion tabled to the general assembly by a majority of two-thirds of the votes. Before voting the list of eligible voters has to be established.
2. Small changes in the statutes that are demanded by the authorities for the public utility status may be decided on by the board with unanimous vote.

15. Liquidation upon Dissolution or Change of Purpose

1. The association may only be dissolved by adoption of a motion tabled to the general assembly by a majority of nine tenths of the votes. Before voting the list of eligible voters has to be established.
2. Unless the general assembly decides differently, the president and the vice president both are liquidators with power of representative.
3. In case of liquidation of the association or the loss of tax-benefited purpose the existing assets are transferred to a legal person of public law or a to another tax-benefited corporation with the association's mission as defined above, that is the fostering of public education by making accessible, creating and legally certifying information goods as public utilities.