KOSH

The law of KOSH

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KOSH will be a commercial entity, for reasons already discussed elsewhere. Such an entity needs to define how it is structured, how it deals with ownership, capital flow and the distribution of profits. In addition, it needs to define for itself a philosophy of operation.

community is the key to KOSH. However, community is made of many indvidual parts, all of which have their own agendas and priorities. A look at any typical community will reveal serious business people with livelihoods, investors with money, users with any variety of tastes, individuals with time, talent and commitment to give, individuals with grand visions and no time, talent or commitment to give, individuals with their political agendas, individuals with egos to massage, commercial and non commercial organisations serious about partnership. No judgement is intended against any of those mentioned, nor those missed out. The richness of a community is measured by the diversity of its inhabitants. The point being made is that for a platform to survive and prosper, the correct structure is required to make the best use of each part of the community without causing hindrance or harm to any other part or to the whole.

The following is the first draft of the law of KOSH as created through discussions between the original group of creators. It will be modified as feedback comes in, perhaps via a working group. By necessity, the first year will operate in a different manner, as KOSH is pushed forwards via appointments and benign committee direction. By the time of the first Gatherings, we hope to have the platform and the community firmly established, and operating according to the law of KOSH.

The General law
  1. The Spirit of KOSH is defined as "creating a community, based around the KOSH platform which insists upon participation from ALL sections of the community, which zealously pursues innovation balanced with elegance and simplicity, and which actively promotes opening up the benefits of the digital revolution to all people."
  2. KOSH will be a legal, corporate entity. It will fulfil the requirements for legal existence and operation.
  3. The community of KOSH is broken down into;
    1. The maintainers and creators, collectively called the Red
    2. The commercial users, collectively called the Green
    3. The non commercial users, collectively called the Blue
    4. The financiers, collectively called the Yellow
  4. Ownership of KOSH is divided up into a finite number of privately held, dividend shares.
  5. Distribution of said shares is as follows;
    1. 25% of shares are owned by the Red and are called Red Shares.
    2. 25% of shares are held in trust by the Green speaker, as defined below, and are called Green Shares.
    3. 25% of shares are held in trust by the Blue speaker, as defined below, and are called Blue Shares.
    4. 25% of shares are owned by the Yellow and are called Yellow shares.
  6. KOSH is controlled by a 1, 2, 3 or 4 person management team, the Council of KOSH.
  7. The Council of KOSH is composed of;
    1. 1 Red speaker (always elected)
    2. 1 Green speaker (if elected)
    3. 1 Blue speaker (if elected)
    4. 1 Yellow speaker (if elected)
  8. The Council of KOSH is replaced once a year on the last day of the Gathering.
  9. The Gathering occurs during the last full week of each November and must be requested by at least one member. It is a physical and/or virtual meeting held separately by each quarter of the community (the Reds, Greens, Blues & Yellows), at which discussion, debate, general direction and the election of the respective new speakers occurs.
  10. No budgetary decision can ever be taken which places KOSH into a negative situation on its balance sheet. The purpose of this is to prevent ANY situation where KOSH can be declared bankrupt and ownership can be ceded.
The Council law
  1. The Council of KOSH is responsible for the development of KOSH, following the Spirit of KOSH.
  2. The Council of KOSH are paid, full time positions.
  3. The Council is responsible for the day to day running, hiring, firing and management of KOSH.
  4. A minimum of 75% to 25% vote is required to decide an issue and each issue must be voted on by ALL speakers elected at that time.
  5. The Council is responsible for presenting a value price per share based upon an independent valuation of the company's worth at the Gathering.
  6. Any change to the law of KOSH can only be decided by a vote at each Gathering, at which each of the Gatherings must present a 2/3 majority on a quorum of 50% of active members.
The Red law
  1. The creators and maintainers of KOSH are collectively called "The Red"
  2. A Red member is a person or organisation that owns Red shares.
  3. Red shares are given out as an alternative to cash payment for work authorised by the Council of KOSH, or the management team at that time. Such work must always be offered as a choice of shares, money or a mixture.
  4. A Red Speaker has to be a Red member
  5. A Red member can accumulate Red shares as they complete more work.
  6. Red shares can only be sold back to KOSH, at a price presented once a year at the Gathering and determined by an independent valuation.
  7. KOSH has to buy back any Red shares offered to it as long as it has the money to do so. If not, then the sale price must be fixed at that point and, as the money becomes available then the sale amount must be honoured.
  8. The total value and voting rights of all Red shares can only ever come to 25% of the total value and voting rights for the whole of KOSH.
  9. Additional Red shares are created only to pay for work authorised by the Council.
  10. Red shares can never be given out for anything other than hourly work.
The Green law
  1. The commercial users of KOSH are collectively called "The Green".
  2. A Green member is a commercially registered entity that generates at least 10% of its revenue through sales of KOSH related products or services.
  3. A Green member must re-register with KOSH once a year to be an active Green member for that year.
  4. Each active Green member is entitled to stand for, and vote in the Green speaker election, and to attend and participate in the Gathering of the Green for that year.
  5. The Green speaker is the trustee for the Green shares.
  6. Green shares cannot be sold or traded. They are inherited from the previous Green speaker and must be passed on to the next Green speaker.
  7. The dividend paid out to the Green speaker is to be used to advance the common interests of the Green members, as decided on at the Gathering of the Green.
  8. The dividend cannot be used to directly benefit any single member.
The Blue law
  1. The non commercial users of KOSH are collectively called "The Blues".
  2. A Blue member is any one person or organisation that has registered a purchase of a KOSH Operating System release and/or a KOSH aware device, but who does not fulfill the requirements for being a Green member.
  3. A Blue member must re-register with KOSH once a year to be an active Blue member for that year.
  4. Each Blue member is entitled to stand for, and vote in the Blue speaker election, and to attend and participate in the Gathering of the Blue for that year.
  5. The Blue speaker is the trustee for the Blue shares.
  6. Blue shares cannot be sold or traded. They are inherited from the previous Blue speaker and must be passed on to the next Blue speaker.
  7. The dividend paid out to the Blue speaker is to be used to advance the common interests of the Blue members, as decided on at the Gathering of the Blue.
  8. The dividend cannot be used to directly benefit any single member.
The Yellow law
  1. Those who purchase Yellow shares are collectively called "The Yellow"
  2. A Yellow member is a person or organisation that owns Yellow shares.
  3. Yellow shares can only be created by the Council of KOSH in order to raise money.
  4. A Yellow Speaker has to be a Yellow member.
  5. Yellow shares, whether newly created by the Council of KOSH or put up for sale by Yellow members must be offered for seven days to the Yellow. If, at the end of the seven days, they have not been purchased, then they can be sold to anyone.