Wrong. Turn Maemo into a real non-profit organization, which need to have Board, and maintain legal responsibility. We may like it or not, but this is how law works, and it seems to work well for other organizations like this, of similar or different scale (see Debian)

2. Keep the current structure(see the note bellow), with roles and responsibilities as were agreed back in the times, just replace HiFo with MCeV and make some fictive GA to please the german law. Or even better - make sure that MCeV's BoD has legal duty to execute CC's orders (unless these orders are illegal).[/quote]

And where we will find masochists that want to take legal responsibility (board in your scheme), but still get ordered what to do by guys without legal responsibility (Council)? Maybe you should candidate for being Board member in such scheme?

The BoD having "legal duty" to execute CC orders is so ridiculous against the (any even remotely sane, including the german's one) law, that it's not even funny anymore. Well, technically, you can have some kamikaze people executing such orders unofficially, but it won't help them if law gets on their asses for breaking the law - Board is responsible, no matter what idiocy we write in our internal rules.

Againt, not corporation, but REAL non-profit, unlike the joke we had before. Then, maybe, just *maybe* we will be able to legally provide basic functionalities, that our Community should serve - like, for example, easy availability of setting development environment for new interested developers, which is, practically, non-existant now.

Sure, guys like you, who set up they dev machines ages ago don't care much - maybe it's the reason you haven't noticed, that the "Organization" (a joke of an organization) that resulted from joergs sabotage doesn't server such basic things for more than a year, already. and it's just one example of basic things that are not working, and can't be working, if we listen to shouters that have no idea about law.

And no, thet fact that we have "working" irc channel and TMO, +semi-working autobuilder DOESN'T mean that we're properly functioning organization. It is less than emergency life-keepinjg, actually.

No one will tell anything to the Council, as the Council is no-one by the law. Following your logic, anyone wanting to take any legal action on Maemo, could take any random average joe from the street, and start demanding it from him.

The only responsible part is Board, as they're legally responsible for functioning of organization. every party outside Maemo will talk with Board only, and only Board will be held liable for anything. No sane person will want to have such responsibility, with random unofficial dudes (Council) telling them what to do.

...and we end up with current limbo. joerg from Council always want board to do something stupid with infra - like, paying him for his doubtful hosting, and then, complaining that "rules" were broken, when board decide to do with other, free, and responsible (without someone constantly threatening to wipe out infra) hosting service.

Of course, this is just an example - with your proposition, we would be living in constant conflict. What is "stupid" for one party, may be clever for another, and vice versa.

We can integrate Council members into Board. they will still be Board for anyone outside, and calling them Council would be internal thing to Maemo, without anyone else carrying about it. Practically, it would still mean we're disbanding Council and replacing it with Board - we would just use fancy name for our Board, to satisfy some egos.

This is a lie, repeated by joerg over and over, and i see you have swallowed it whole. Council have no rights to tell BoD what to do, and never had. Many people have quoted bylaws zillion of times in this thread (even got some "bravo, someone finally read bylaws with understanding" comments, afterwards), so I will leave exercise of finding it to you.
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Anyway - what Board tries to do, is to make Maemo a legally functioning organization, with Board responsible to members (and it would be done long time ago, if joerg wouldn't be - until recently - threatened like spoiled egg, with too much care and tries on negotiating).

Council may or may not function as volunteer bunch of people that act as Community relations contact for Board (I think we don't need such weirdo, but of course it's point for discussion). Or Council can be just Board members, with fancy "Council" name used by Maemo, for no reason.

There is no middle-ground - you *can't* have legally responsibleness people ordering around legally responsible people what to do, period. and you *must* have some legally responsible people to have officially working organization, no matter where you set it up.

Sorry, I'm unable to write it simpler than the last paragraph, so if you still haven't grasped it, move along - this is not the post you're looking for.

/Estel