[Ninux-day] Wrap-up

[Ramon Roca]

Very illustrative the example of "wake up the dog" ;)

However I would like you to ask to think twice on this. I think neither 
from OSA or other formal orgs like guifi.net should be any any problem 
on signing/supporting this from the very beginning and might be 
convenient to show them clearly what is being asked for clarification, 
who and which interest sits at the behind. Following your analogy, 
actually I was thinking to "hit the dog", you know... sometimes the dogs 
have to be trained in that manner..

That might force them to answer even more carefully, and if I have to 
bet on this, I would say that the regulator will answer in a way that 
will point clearly that there is no need for authorization in our case, 
and exclude us from the tax. Of course if the regulator doesn't answer 
in the way we want, then we will take a proper action. We can even say 
that in our letter. That would be the best scenario, and will give us a 
written evidence that we souldn't have to be afraid of those laws in a 
short term. To abolish or clarify a law, which could be also an 
objective, might be much more difficult, by going to the parliement etc. 
and also take years and require a lot of supports.

In the not probable case that the answer is unsatisfactory and we take 
an action at UE level against a member state, will be much more powerful 
for us if there is a clear and written evidence that they are actively 
taking action on unfair policies and in contradiction of the UE 
directives. Without this, they could answer us that we complain about a 
law which is not being applied and we misunderstood.

My 2 cents ;)


Al 01/12/09 12:20, En/na clauz at ninux.org ha escrit:
> Hi.
>
> Ramon Roca wrote:
>    
>> On Italy in particular, I was still thinking on their particular legal
>> setup. Although is about Italy, makes a lot of sense to cooperate across
>> the UE while looking after the interests of community networks, and for
>> sure one of the jey points is to abolish any fear of being not legal for
>> just doing links between us and using unlicensed spectrum. OSA is a very
>> good example of this. Alex already suggested to take some feedback on
>> what could be the next step on this, I'm also wondering if we can
>> already send a formal letter to Brussels complaining on this, or if
>> before we do send a letter to the Italy regulator asking formally if
>> they really do require an authorization while using unlicensed bands and
>> non-profit purposes outdoors (incl. not owner domains), so if their
>> answer is yes, then we will be more than ready to complain on Italy in
>> front of the comission because of that..., and we can send the letter
>> not only on behalf of ninux, also as OSA, or any other community
>> oriented org like guifi.net Foundation. Let's think on this, but in my
>> opinion we should take an action and lot leave the things as they are now.
>>      
> Thank you all, especially Ramon and Alexander, for helping on this
> topic. Specifying that we are complete newbies on legal topics, sending
> a letter to the regulator (http://www.agcom.it) seems a good idea to me.
> But maybe we should send the letter not on behalf of ninux, but as
> private citizen(s). This because perhaps is better not to "wake the
> sleeping dog" (cit.) and because ninux at the moment is not an
> association, is just a group of people and thus AFAIK has no "legal
> status". Anyway we are ready to set up an association if we have some
> advantage.
>
> Claudio
>
>
>
>    
>
>
> _______________________________________________
> Ninux-day mailing list
> Ninux-day at ml.ninux.org
> http://ml.ninux.org/mailman/listinfo/ninux-day
>    

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://ml.ninux.org/pipermail/ninux-day/attachments/20091202/af6f4b55/attachment-0001.html>