James Richard Tyrer wrote:
Patrick McNamara wrote:

However, one question: OpenGraphics, or OpenHardware? I anticipate that once OGD starts selling, people are going to (a) want to do non-graphics things with it and (b) want to start similar projects (e.g. RAID controllers, novel networking devices, etc, etc). We're going to have some considerable expertise associated with the foundation, and we don't want to scare interested people away from us by giving the impression that we're about graphics and graphics only...
I'd opt for open hardware. Initially this would only be the Open Graphics Project. Addition of new projects would require certain conditions be met, though I haven't given a whole lot of though to what those conditions would be, along with vote from the board of directors to add the project. I would think requiring something other than a simple majority, perhaps an absolute two thirds majority, would be required to add a new project.
Anyway, if there's any help I can give from this side of the Atlantic, please let me know.
I'm still pondering over everything that needs to be done. I'm sure, just like with everything else, there will be plenty of work to go around. Thanks for the offer.

Would the FSF object if we called it the Free Hardware Foundation?  Or,
would they like to help?  The aim of the foundation would be educational
-- to promote full documentation of all computer hardware.
As Timothy pointed out in his response, "free" has multiple connotations that cause all sorts of confusion, even with software which really can be free (as in beer) since. That's the main reason I have been trying to stick with "open" rather than free.

Remember, once you start a 501(c)(3) foundation that you are a public
charity and can't discriminate against anyone -- it would have to help
anyone wanting to have open hardware although you could work on the
basis of need and provide help to mostly small startups.
That's not entirely true. For a charity, yes, you cannot discriminate. Not all 501(c)(3) corporations/foundations are charities. You of course cannot discriminate on religion, sex, race, ethnicity, etc. However, we are perfectly ok discriminating based on technical merit or business plan merit.

You can't put profits from selling hardware into the foundation but,
IIUC, you could say that a percentage of the price of each item sold
would be donated to the foundation.  And, you can sell stuff with logos
to raise money for the foundation as long as you keep good books.

We could put all the profits we wanted to into the foundation. We simply cannot take them out. The absolute minimum requirements for a non-profit corporation is that no amount of the profits can be distributed to board members or share holders. In other words, you cannot pay a dividend on stock, or even sell stock for that matter. The most you can do is pay employees a salary (including the board members) at that must be reasonable for the position held. There are obviosly other requirements depending on the purpose of the corporation and
As the son of an account I can tell you that there three important
things you need to do:

    Keep good books
    Keep good books
    Keep good books
:-D

No arguments there.  :)
Also note that the 501(c)(3) books are open to public inspection and you
need to have a financial report that you can give to anyone that asks
for one.

Correct.
And, I forgot to mention that you have to incorporate the foundation to
have 501(c)(3) status.  You should get a copy of the IRS publication and
read it carefully.

Also correct. I am up to my ears in the US tax code and Texas corporate law. So far, I have actually been pretty impressed with the Texas Business code. It's long, but fairly readable. Section 501 of the IRS code isn't too bad. It gets worse after that.


Patrick M
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