6911
Mamba
Re: Xoops community donations being used to fork Xoops?
  • 2007/12/13 17:13

  • Mamba

  • Moderator

  • Posts: 11366

  • Since: 2004/4/23


Quote:
The only problem i see with impresscms is that xoopsfoundation directors are involved in the product. Literaly from law point of view, yes a director or board-member etc have a legal responsibility to not be involved with a competing project, so even though these are open source projects and they can continue to support any one or two or any number of cms but only as long as they do not hold any position in the xoopsfoundation. The actions of the xoopsfoundation board-members involved with impresscms goes against the statutes of the foundation.


Exactly! And because of this violation they have been asked to resign from the XOOPS Foundation.

I had a discussion with Marcan yesterday about it and he fully understood the legal situation and resigned the same day, and I have to commend him for it!

We are still waiting for response from Herko and DavidI2.

I hope, everybody understands that this is a serious legal issue, as it involves a registered legal entity, and the law is very clear about legal obligations of Board members.

As I stated in my original email, this is not about dissolving the Foundation, but about resignation of Board members who violated their legal obligations to the XOOPS Foundation. The Foundation should continue, but we need to transition to new Officers.
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6912
Mamba
Re: Xoops community donations being used to fork Xoops?
  • 2007/12/12 19:42

  • Mamba

  • Moderator

  • Posts: 11366

  • Since: 2004/4/23


Quote:
@vaughan/monty/etc. & co
One thing is sure : you are impressive at lying. You will allways make us laugh


I would like to ask EVERYBODY in this discussion: those who are against XOOPS or ImpressCMS or are for it, to NOT escalate issues and refrain from name calling and insults.

Those who want to support XOOPS you're welcome here. Those who don't, you have a choice to join XOOPS-Cube, or ImpressCMS, or something else.

But let's try to raise to a higher level and let's stop with insults. That doesn't help anybody here.

Thanks...
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6913
Mamba
Re: Xoops community donations being used to fork Xoops?
  • 2007/12/12 18:50

  • Mamba

  • Moderator

  • Posts: 11366

  • Since: 2004/4/23


Quote:
A very old and succesful strategy is : divide and rule.

Please take a moment to think about this.


Or the other saying: "United we stand, divided we fall".

Result is the same....
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6914
Mamba
Re: Xoops community donations being used to fork Xoops?
  • 2007/12/12 18:48

  • Mamba

  • Moderator

  • Posts: 11366

  • Since: 2004/4/23


vaughan:
Quote:
to the XOOPS community, is that the kind of admins you want on this site managing your project, people that advocate malicious hacking and abuse of privacy?


You have too much hate in your heart and are trying too hard to extrapolate things into something that's not true. That's a shame!

Quote:
no longer active on xoops.org until Damaster is banned


I guess, you'll have to change your signature, since you're pretty active here
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6915
Mamba
Re: Xoops community donations being used to fork Xoops?
  • 2007/12/12 18:28

  • Mamba

  • Moderator

  • Posts: 11366

  • Since: 2004/4/23


vaughan:
Quote:
as for marcan, herko and david resigning?

why?

it is not against any rule whatsoever for those people to want to help & support another project. the foundation is not supporting it with funding.


Please re-read my original message. As a developer, you can support any Open Source project that you want. As a Board Member of a legal entity, you have moral, ethical, and especially legal obligations to this entity. There is no room for conflict of interest. Marcan finally understood it and that's why he resigned. The same is valid for Herko and DavidL2, who are both involved in ImpressCMS, and that's why they've been asked to resign. This is the same process as for Board of Directors for any company - as a Board member, you cannot be involved in another competing company. Period.

And it doesn't matter if there are XOOPS funds involved or not. It's the fact that by supporting ImpressCMS Herko and David didn't look for the best interests of XOOPS, to what they were required by being XOOPS Foundation Board member. Since they violated their commitment to represent XOOPS interests FIRST, they should resign from the Foundation. Plain and simple.

If you've decided that ImpressCMS is a better project for you, that's OK. But then please move on and don't argue with people about XOOPS. Let it be...

Quote:

thew foundation is there to support xoops, but either way, as you so elequantly put it the other day along with BS, the Foundation does not exist in XOOPS anymore, that was your statement not mine or the foundations.


The XOOPS Foundation as a legal entity still exists, and XOOPS project will decide what to do with it in due time. But that's up to the XOOPS management team and not up to ImpressCMS leaders.

Let's all move on and let's not make it more difficult and painful that it's worth it.
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6916
Mamba
Re: Xoops community donations being used to fork Xoops?
  • 2007/12/12 14:25

  • Mamba

  • Moderator

  • Posts: 11366

  • Since: 2004/4/23


In response to Marcan's message on XOOPSInfo:

Quote:
Hi everyone,

I just had a chat with Mamba to explain a few things that where not correct in his post.

First, the time line is not correct.

On September 13th, James Morris registered the impresscms.org domain as well as the ImpressCMS project at sourceforge, for reasons of his own. He gathered 3-4 people but it did not work. A few weeks later, the impresscms.org site was closed.

At the end of November, a group of people that was disagreeing with the way XOOPS was managed decided to form a Google group to discuss possible solutions.

In the mean time, I started participating to the Drafting Proposal Preparation Team lead by Madfish and Sailjapan, as a representative of the XOOPS Foundation.

My last post on their forum was on December 1st.

On December 3th, I had personaly lost all faith in the current XOOPS situation and I was now convinced that it would take years before the project would be back on his feet if it was ever.

James had told me earlier about ImpressCMS so I contacted him and he decided to join me in this new adventure. I wrote down a draft of a project and I proposed it to the Google group to see if they would be interested. Nearly everyone joined. ImpressCMS was then started.

James gave me admin privileges on ImpressCMS Sourceforge project and changed the DNS of the domain to point it on one of my server.

On December 5th, it was clear that a Google group was not the best place to discuss, so we needed a forum. Since everyone was already registered at XoopsInfo.com and since the administrators of this site were on board with us, we decided to use a forum there. The forum was to be private for now because we needed to organize our thoughts, organize our vision, our objectives and our roadmap.

When this was to be completed, it was our objective to:

- Make a public statement on the ImpressCMS.org site
- Move our forums to ImpressCMS.org

We are now a few days away from this happening.

You can see in attachment, the SourceForge Audit trail displaying the changes in the ImpressCMS project, making it clear that people started to join ImpressCMS on December 3rd.

So, Mamba, in your list, you were not correct about the timeline. The Foundation has nothing to do with ImpressCMS. However, I do agree, that it would have been more transparent to have resigned from the Foundation before starting this.

I agree to this and I hereby resigned from the board of directors of the XOOPS Foundation. I will address a proper resignation letter today.

As for using the Foundation's assets to do this, well, XoopsInfo was created by volunteers and the Foundation did not invest 1$ in it. It only provided the hosting. And since the servers of the Foundation are not used by the Council and that the XoopsInfo site administrators agreed to grant us this access, I see no real problem.

However, I can understand why it could be seen like a transparency problem, hence why will be moving our forums to another server.

What is the most important for us is to start fresh, to stop fighting and to participate in a true open source project which has a great vision, a great community, a great product and most of all, a project that IS FUN to be involved with.

Since the last 2 weeks, we have been experiencing the fun every single minute, and I can’t wait to share this fun with everyone who would like to participate !


Marcan:
Quote:
So, Mamba, in your list, you were not correct about the timeline.


I stand corrected. Thank you for clarifying it.

Quote:
The Foundation has nothing to do with ImpressCMS. However, I do agree, that it would have been more transparent to have resigned from the Foundation before starting this.

I agree to this and I hereby resigned from the board of directors of the XOOPS Foundation. I will address a proper resignation letter today.


Thank you. I hope, we'll have also resignation from Herko and David. I think, this is the best way to start with a clean slate for you and the rest of ImpressCMS, and let XOOPS follow its path.

I also hope, that the current Board (you, Herko, David) will help XOOPS to transition to a new Board from the legal perspective, i.e. whatever forms are needed to fill out to make it happen, and that this will be done in a professional manner.

Quote:
As for using the Foundation's assets to do this, well, XoopsInfo was created by volunteers and the Foundation did not invest 1$ in it. It only provided the hosting. And since the servers of the Foundation are not used by the Council and that the XoopsInfo site administrators agreed to grant us this access, I see no real problem.

However, I can understand why it could be seen like a transparency problem, hence why will be moving our forums to another server.


Excellent! Thank you!

We just need a clear separation, i.e. whatever is happening on XOOPS Websites is benefiting XOOPS, and whatever is related ImpressCMS is happening somewhere else. Thank you for your understanding on this.
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6917
Mamba
Re: Xoops community donations being used to fork Xoops?
  • 2007/12/12 13:33

  • Mamba

  • Moderator

  • Posts: 11366

  • Since: 2004/4/23


Quote:
Wishing back the good old times, where XOOPS meant fun and community. An open statement from the "leavers" seems to me a good idea, which will never come I fear.


I hope, it will.

Quote:

Who wants to join me creating a new fork called POOP (PURELY egO ORIENTED PORTAL)? I guess thats what its all about nowadays.


Yes, it is very unfortunate that some people tend to forget that it's not about you or me, but it's all about the SOURCE, the OPEN SOURCE!!!
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6918
Mamba
Re: Xoops community donations being used to fork Xoops?
  • 2007/12/12 12:04

  • Mamba

  • Moderator

  • Posts: 11366

  • Since: 2004/4/23


Quote:
Please also note that as of 6:46 am est that xoopsinfo, xoopsaddons xoopsfoundation sites are down.


Xoopsfoundation is working for me.

But yes, it was kind of odd that shortly after a discussion between you, vaughan, and BlueStockings happened in this thread, the xoopsinfo and xoopsaddons Websites went down for maintenance.

I'm sure, there is a good technical reason for this, and I hope, the admin from these Websites will tell us what happened. Obviously, it was not a previously scheduled maintenance as I didn't see anything announced about it.
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6919
Mamba
Re: Xoops community donations being used to fork Xoops?
  • 2007/12/12 10:49

  • Mamba

  • Moderator

  • Posts: 11366

  • Since: 2004/4/23


Nachenko,
Quote:
So please stop screaming, there's nothing wrong working on a tentative branch (at this time, it's just a branch) at the same time you check how is XOOPS going on. I have one feet in Drupal, I'll have finished my second Drupal website in two weeks and I'm still here.


There is nothing wrong with starting a fork of XOOPS. That's what Open Source is all about! We had it recently with XOOPS-Cube, and while this was unfortunate, I don't think that there was any problem.

The only problem with ImpressCMS is that the current Board of Directors, who should look after XOOPS interests, was actively engaged behind closed door in creating a competing fork. That's a breach of contract of their Board member responsibilities.

There is a different set of standards between a Open Source developer who can contribute anywhere he wants (like you do between XOOPS and Drupal), and a Board member of a legal entity, who has legal responsibilities, and is not allowed to have conflict of interest, or act against interests of the legal entity he is representing.
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6920
Mamba
Re: Xoops community donations being used to fork Xoops?
  • 2007/12/12 10:11

  • Mamba

  • Moderator

  • Posts: 11366

  • Since: 2004/4/23


Madfish:
Quote:
iii) Contact ANYONE at Impress and ask them if I have agreed to join that project.


Are you saying that ImpressCMS is adding people to their rooster of developers w/o their explicit permission? That they never contacted you about it before they added you there?

If that's what is happening, why would they do it? To impress the XOOPS community and show that everybody is leaving the "sinking XOOPS ship" and jumping over to ImpressCMS?

If somebody would add me to such a list w/o my permission in order to create an impression on people that I support ImpressCMS, I would see it as a serious violation of my rights. What about you?
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