FWIW, The Gentoo Foundation is one of the exemplars we would be following if an Evergreen foundation were formed for the purposes of owning the Evergreen software base. The Gentoo Foundation is incorporated in the USA as a 501(c)(6) organization, not (c)(3).

A quick read around the Internet shows that there are lots of differences, around taxation, and other things, between (c)(3) and (c)(6). Hmmm. I'm sure there will be lots of interesting discussion as or if this goes forward.

Anyhoo, I am not a lawyer, either. I'm not even an American. :)

~B

 Quoting Kermit Jones <[EMAIL PROTECTED]>:

Karen,

I founded a 501(c)3 non-profit a few years back and it really wasn't
difficult at all.  The hardest part most non-profits have is building a
community around their chunk of the world.  Evergreen already has that, so
it greatly simplifies the process, overall.  We're also working with Equinox
to host a few Evergreen instances that would probably fit bettter into an
Evergreen npo than our current model, but I'm more concerned with getting
the service out there than worrying about the where and who stuff.

All that to say, if you need some help, please let me know.  I'm not a
lawyer, but I've made it through all the forms, the incorporation and the
ruling period to be a permanent 501(c)3.

Cheers,
Kermit

On Fri, Aug 15, 2008 at 9:47 PM, Karen G. Schneider <[EMAIL PROTECTED]>wrote:

> Question: will the domain name, mailing lists, etc continue to be
> owned by GPLS, or will it be taken over by Equinox (whois says Equinox
> registered evergreen-ils.org back in July, presumably to avoid the
> curse of domain name squatters), or by some other entity? For the
> paranoid amongst us, this is where an Evergreen Software Foundation or
> something like that could play a role. I'm not worried, personally,
> but we should be clear about changes that might have side effects
> beyond just the name.

I raise my hand and say I did it, and also quickly add that as you
suggest, it was to avoid domain squatting. That said, I quickly turned it
over to Equinox (in case I got hit by a truck) and at that, we're all
aware that the domain names should really be in the name of a separate
entity for Evergreen. Currently they are here and there.

Actually I would say that many people involved in Evergreen (including and
even particularly Equinox) are in favor of establishing an entity for
Evergreen.

I will be frank and say that when I came on board with Equinox -- well,
actually well before this -- I kept hearing talk of a "foundation" for
Evergreen and I thought, well maybe. But after a while I realized that
people were saying "foundation" (which made me think the focus was on
soliciting funds--not a bad idea but a not well-gelled) when what I
/think/ they mean is nonprofit organization (as in a legal entity specific
to Evergreen, which could in fact be used for fundraising, which is a very
different emphasis). This is a very sound idea.

I have been (partly) down this road in another life and have some sense of
the nonprofit landscape. I also have a lot of familiarity (actually too
much) with managing a project that had no legal status, and I have peers
(even two in the OSS world) in a similar position. Once a project achieves
a certain age and size, it is much, much better for everyone concerned if
it has its own legal identity.

I have certainly seen changes happen -- sometimes overnight -- that have
adversely  affected a project that really should have had its own destiny.
Even when all the principals are fully on board -- and I think I can say
in all sincerity that is completely true with Evergreen -- things happen.
As Joan Didion wrote, "Life changes in the instant." In my experience, it
takes longer to get a nonprofit established than it does for most of these
changes to take place.

I have never actually brought a nonprofit to fruition, though I came very
close and have spent a lot of time reading up on them, attending nonprof
conferences, etc. I know enough to believe nonprofit status is a very
rational path for Evergreen and would be willing to help make this happen
(in fact, uh, I bet there are some people, including my boss, who actually
consider this part of my job...). I also think some of our stakeholders
are similarly interested and would be willing to work to help establish
this entity.

Karen G. Schneider
Equinox Community Librarian
[EMAIL PROTECTED]









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