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Evaluate legal organization format ("Foundation")
Open, HighPublic


Apply to become a formal/legal open source foundation

Notes and Discussions
  • Manages funds
  • Accepts donations
  • Untaxed funds/donations (be 501(c)(3) in the US?)
  • Donations must be allocated/targeted to the project -- i.e. will individuals/companies be donating directly to the project vs. donating to the foundation at large?
  • Own assets like trademark registrations, accounts, logo, domain, etc.
  • Initial legal services(?): e.g., looking at CLA, etc.
  • Open Source Collective
  • Linux Foundation
  • Apache Software Foundation
  • Software Freedom Conservancy
  • Software in the Public Interest

Event Timeline

I would like to note that France has what the local law calls association loi 1901, which is very advantageous for a open source projects. In short it is an entity that can own stuff, accept donation, but cannot do for profit operations. Projects such as VLC and ffmpeg are using this. The requirement are very lax (you basically need to have an address somewhere in France for administrative bullshit) and have at least 3 founders. They don't need to be French or live in France, in fact, last time I checked, you could even do one as an illegal emigrant, which I found funny. I had a long chat with Jena Baptiste Kempf who created VLC about this for the last big open source project, but we ended up going for a structure in HK because we had Chinese users and donors and that was easier administratively this way. Chinese special case excluded, this was by far the best option we had.

avivey triaged this task as High priority.Jun 23 2021, 18:27

501(c)(3) is extremely easy to set up.

valerio.bozzolan renamed this task from Foundation to Evaluate Fiscal Sponsors.Jul 8 2023, 08:00
valerio.bozzolan subscribed.
avivey renamed this task from Evaluate Fiscal Sponsors to Evaluate legal organization format ("Foundation").Jul 8 2023, 08:04
avivey updated the task description. (Show Details)