The Signpost

News and notes

German chapter remodeled to meet Foundation requirements, and more

German chapter creates new body to meet Foundation's fundraising requirements

Last week, it was revealed that the German Wikimedia chapter is creating a new limited-liability non-profit corporation (in German, gemeinnützige Gesellschaft mit beschränkter Haftung, or gGmbH) to replace the existing membership-based association (Verein) as the recipient of donations from Wikimedia fundraisers. This will enable the direct transfer of donation money to the Foundation, which has so far been impossible due to local charity laws.

Founded in 2004, Wikimedia Deutschland is the oldest Wikimedia chapter. Its legal status does not allow it to transfer funds to an organization abroad without risking the loss of its charity status (this problem already became apparent in its first year, according to a long-time member). To some extent, this restriction was overcome by the chapter's providing funding for several endeavors of Foundation-wide relevance, including the Wikimedia Toolserver, the cache-server cluster in Amsterdam, and gatherings such as the 2009 and 2010 Wikimedia Conferences in Berlin. According to notafish, other chapters (including Wikimedia France) are currently grappling with similar narrowly framed regulations in their own jurisdictions.

The new gGmbH non-profit corporation, called "Wikimedia Fördergesellschaft mit beschränkter Haftung", will be entirely controlled by the membership-based Verein, and will split fundraising income equally between the Verein and the Foundation. Donations to the gGmbH will be tax-deductible for German donors, unlike direct donations to the Foundation. Last week's announcement was made by the chapter's treasurer, prompted by and confirming a rumor that had been brought up on the Verein's mailing list. It appears to have caught most members by surprise; many expressed concern that they had not been informed earlier, even though the process of establishing the new organization had been going on since August. The treasurer explained it had been necessary to act quickly, without extended public discussion, because of the Foundation's position on fundraising since this year:

Without the gGmbH [structure] we will receive virtually nothing in this year's fundraiser; seeing that, the Verein [Wikimedia Deutschland] could then only resolve its own disbanding.

The current solution was negotiated between the Foundation and the Verein in early August during a visit to San Francisco by Wikimedia Deutschland's CEO Pavel Richter and its Chair, Sebastian Moleski (User:Sebmol). Sebmol has acknowledged that the Foundation's new focus on "community giving" (small donations as the main source of income, rather than grants and few large donations), an outcome of the Strategic Planning process, means that it will need to rely on chapters more, and that a direct revenue stream is important to retaining the Foundation's independence. According to the WMF's deputy director Erik Möller, the fundraising aspect of the relationship between the Foundation and the chapters was discussed extensively at a fundraising summit held last May in Bristol, UK.

These negotiations between the Foundation and the German chapter appear to have gone on for some time, and have also concerned the renewal of the chapter agreement between them, which ended by default in 2009. In the chapter report for March/April 2009, Sebmol reported he had retained a San Francisco law firm pro bono to develop a response to a draft new agreement prepared by the Foundation's legal counsel Mike Godwin, which Sebmol regarded as disadvantageous for Wikimedia Deutschland. In the Foundation's most recent monthly report for July 2010, it was stated that the legal department "re-engaged a charity-specialist attorney" for various issues, and that "we confirmed that there are ongoing structural issues, particularly in Europe, with transferring charitable funds to WMF – we're looking for holistic, comprehensive ways of resolving these issues."

The Foundation's deputy director, Erik Möller, denied the Foundation had made a particular model a precondition for Wikimedia Deutschland's participation in the upcoming fundraising. He described the relationship between the Foundation and Wikimedia Germany as "excellent" and said that the WMF regards the chapter as "a model for professional organization and development of projects to support free knowledge", highlighting the Bundesarchiv image donation (see Signpost coverage) as "one of the most important developments in the Wikimedia universe in the last two years", and WM DE developer Daniel Kinzler's "WikiPics" project as "one of the most innovative ideas to make media files accessible".

In brief


















Wikipedia:Wikipedia Signpost/2010-10-04/News_and_notes