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Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
Foundations 101
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Foundations 101

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Foundations 101 tutorial: Should I create a new non-profit?

Foundations 101 tutorial: Should I create a new non-profit?

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  • Key points of dispute: - Corporate vs community influence - Apache Foundation/FSF - Giving up control? - Eclipse Foundation – too much paperwork? - Quality of service – how can you compare umbrella organizations? - Is there ever a good reason to start a new foundation?
  • Key points of dispute: - Corporate vs community influence - Apache Foundation/FSF - Giving up control? - Eclipse Foundation – too much paperwork? - Quality of service – how can you compare umbrella organizations? - Is there ever a good reason to start a new foundation?
  • Transcript

    • 1. Foundations 101 Should you start a new non-profit? Moderator: Dave Neary dneary@redhat.com
    • 2. Panel discussion ● Dave Neary – COSM, Yorba, GNOME Foundation ● Ian Skerrett – Eclipse Foundation ● Bradley Kuhn – Software Freedom Conservancy ● Cedric Thomas – OW2
    • 3. Answer: It depends.
    • 4. Reasons for starting ● Opening a bank account ● Accepting donations (potentially tax- deductible) 1. Financial infrastructure
    • 5. Reasons for starting ● Enter into contracts (eg. conference venues, sponsors) ● Hire staff 2. Insulate members from liability
    • 6. Reasons for starting ● Legal safe haven for copyrights and trademark ● Formalize rules for governance of project ● Protect members from individual legal action ● Provide level playing field for members, structure to pool resources 3. Governance and pooling resources
    • 7. Costs ● Lawyer for drafting of by-laws and annual registration of company paperwork ● Accountant to deal with taxes, payroll 1. Money
    • 8. Costs ● Registering an organization, drafting by-laws, official paperwork ● Elections, board meetings, ... ● 501(c)* approval times measured in years 2. Time
    • 9. Costs ● President and board are accountable for the organization fiscally & legally ● Fiduciary responsibility, potentially outside your jurisdiction 3. Risk & responsibility
    • 10. Alternatives ● Eclipse Foundation ● Software Freedom Conservancy ● Software in the Public Interest ● OuterCurve Foundation ● OW2 ● Linux Foundation 1. Umbrella organizations (in no particular order)
    • 11. Alternatives ● Apache Foundation ● GNOME Foundation ● KDE eV ● ... 1. Umbrella organizations (in no particular order)
    • 12. Alternatives ● Provide fiscal entity and financial services ● Key differences: – Cost structure – Membership requirements (license, infrastructure, ...) – Philosophy and by-laws – Ecosystem 1. Umbrella organizations (in no particular order)
    • 13. Alternatives ● “Benevolent” corporate sponsor ● Benefits: Salary, availability of legal and financial services ● Risks: Changing winds 2. Sugar Daddy
    • 14. Alternatives ● Offload financial and administrative services to organization ● Provide staff & payroll services, etc. ● Costs money ● See panel “How should we staff & administer it?” 3. Management services
    • 15. Starting a foundation ● Considerations out of scope for this discussion: – Jurisdiction – By-laws and corporate governance – IRS 501(c) status See panel “How do we form a new Foundation?” - up next
    • 16. Panel discussion ● Dave Neary – COSM, Yorba, GNOME Foundation ● Ian Skerrett – Eclipse Foundation ● Bradley Kuhn – Software Freedom Conservancy ● Cedric Thomas – OW2

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