[Linux-aus] Legality of automatically assigning membership

[Brad Hards]

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Below is a message I sent to Pia Smith in response to a message sent to 
everyone that attended LCA2003. Since a month has passed and I have received 
no response, I'll go wider. Note that I have editted it slightly to correct 
spellos.

On what basis is the automatic membership considered constitutional?

Brad

- - - - 

On Sun, 23 Mar 2003 20:57, Pia Smith wrote:
> ___________________________________________
>
>
> Welcome to Linux Australia.
>
> As you may (or may not) be aware, your Linux Conf Au 2003 registration
> included membership to Linux Australia.
Nice idea, but I think it is illegal. Because being a member carries certain
obligations, people can't be members without their explicit consent - it is a
common law issue relating to how to two people cannot act to bind a third
person (or something like that - IANAL).

Also, it is unconstitutional:
<quote>
(1) An application by a person for normal membership of the association:
(a) must be made by a member of the association in writing in the form set out
in Appendix 1 to these rules; and

(b) must be lodged with the secretary of the association.
</quote>

Appendix 1 shows that the application needs to be signed by the applicant,
which clearly hasn't been done for all the "auto-members".


Thoughts?

Brad
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