Re: [E-devel] Forming a non-profit entity?

2009-04-05 Thread Nathan Ingersoll
Attempting to revive this thread...

Do we realistically have the resources to perform the necessary
accounting, paperwork, pay the necessary fee, etc to be outside of
something like the SFC?

IMO, we should avoid the legal hassles as much as possible, unless
there is a significant problem raised by being a part of SFC or other
umbrella organizations.


On Sat, Feb 7, 2009 at 9:10 AM, Ravenlock ravenl...@ravenlock.us wrote:
 On 02/07/2009 01:24, Toma wrote:
 I did a little leg work to see what the Gnome and KDE folks are doing.

 http://foundation.gnome.org/legal/
 http://foundation.gnome.org/finance/
 (Yes, the 2007 books are not available! Naughty Naughty!)
 Looks like they run the show themselves, but get free-ish legal
 services from SFLC

 http://ev.kde.org/
 These guys also run the show themselves.

 Do we know just how much time gets spent doing all this book keeping
 and ground work for these foundations? I get the feeling its a bit of
 work at the start to setup all the copyright, trademarks, bank
 accounts, tax forms etc etc, but once its going its probably not that
 hard to do. (No im not putting my hand up...)

 I honestly have very little idea what would truly be involved for us to
 do it ourselves.  I know many orgs do it themselves.  Those you already
 mentioned, FreeBSD and Apache come to mind.

 One of the reasons I think the other big orgs are able to do their own
 thing is there is much more organization to their Organization.  They
 have a very well defined structure and development processes.  E on the
 other hand has intentionally resisted creating any structure.  This is
 not bad.  Just the way it is.  But I think that fact makes it difficult
 to run a formal NPO.

 I think the things you just mentioned are quite a lot of work.  And I
 think some of them require knowledge I'd be willing to bet few of us
 already own.  Which means there is more work involved in learning what
 to do, and how to do it right/well.  And then there is the work involved
 when something goes wrong somewhere (think legal dispute, IRS issues,
 donator wanting proper receipts?, others?).

 Now, it may very well be that all is required to form an NPO is to fill
 out an IRS form, open a bank account if we desire to accept donations,
 and file yearly IRS forms.  Bang, done.  In many cases I suspect that
 would really do.  So we might get away with it.

 But, lets go back to the beginning here, and ask *Why* do we need to
 form an NPO?.  A good question, especially considering E might very
 well be older than some of its contributers, and its gotten along
 without for so long.

 The impetus for my looking into it last year, and again this year is
 simply GSoC, and the large donation Google makes to us.  They provided a
 rather large donation to E, that had to be accepted by a US resident.
 Said US resident carried that tax liability.  This will happen again
 this year provided we are in fact accepted.  The only other need we have
 had to my knowledge up to this point would possibly be other peoples
 donations.  Technically the donations we've accepted in the past had tax
 consequences for both the person who accepted them for E and for those
 giving the donations.  Presently those donations are not deductible.  If
 we were an NPO those donating would have the ability to deduct them.

 So, to answer my own question... I'm sure we could get by without
 forming a NPO.  Our perceived needs are quite small.  But I brought it
 up to get people discussing it, to see if more needs get kicked up.  In
 my head I keep thinking legal cya.  Legal representation is one of those
 things you may never need, but if you do you'd be quite sorry to not
 have it.  Now SFLC may represent an org even if they are not an NPO, not
 sure.  So that there may further reduce our need for NPO.

 I think its very easy to argue we do not need one.  But what I am hoping
 to do here is get people to discuss, and see if maybe we do in fact have
 a genuine need, and simply never knew it.


 Toma

 2009/2/7 Ravenlock ravenl...@ravenlock.us:
 Hello,

 [Not a development topic.. but I need to hit the right audience]

 Last year, with our acceptance in GSoC, it came to my attention that we
 might possibly benefit from forming an official 501(c)(3) Non Profit
 Organization.  This has become fresh in my mind again this year due to
 GSoC, but also due to the Bounty that has appeared regarding the E
 File Manager.


 [snip]


 --
 Create and Deploy Rich Internet Apps outside the browser with Adobe(R)AIR(TM)
 software. With Adobe AIR, Ajax developers can use existing skills and code to
 build responsive, highly engaging applications that combine the power of local
 resources and data with the reach of the web. Download the Adobe AIR SDK and
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 ___
 

Re: [E-devel] Forming a non-profit entity?

2009-04-05 Thread The Rasterman
On Sun, 5 Apr 2009 21:33:43 -0500 Nathan Ingersoll ninge...@gmail.com said:

agreed. i know i'm not into the idea of yet more paperwork than i already
have! :) let someone else take care of it! focus on what we do... hacking
stuff! :)

 Attempting to revive this thread...
 
 Do we realistically have the resources to perform the necessary
 accounting, paperwork, pay the necessary fee, etc to be outside of
 something like the SFC?
 
 IMO, we should avoid the legal hassles as much as possible, unless
 there is a significant problem raised by being a part of SFC or other
 umbrella organizations.
 
 
 On Sat, Feb 7, 2009 at 9:10 AM, Ravenlock ravenl...@ravenlock.us wrote:
  On 02/07/2009 01:24, Toma wrote:
  I did a little leg work to see what the Gnome and KDE folks are doing.
 
  http://foundation.gnome.org/legal/
  http://foundation.gnome.org/finance/
  (Yes, the 2007 books are not available! Naughty Naughty!)
  Looks like they run the show themselves, but get free-ish legal
  services from SFLC
 
  http://ev.kde.org/
  These guys also run the show themselves.
 
  Do we know just how much time gets spent doing all this book keeping
  and ground work for these foundations? I get the feeling its a bit of
  work at the start to setup all the copyright, trademarks, bank
  accounts, tax forms etc etc, but once its going its probably not that
  hard to do. (No im not putting my hand up...)
 
  I honestly have very little idea what would truly be involved for us to
  do it ourselves.  I know many orgs do it themselves.  Those you already
  mentioned, FreeBSD and Apache come to mind.
 
  One of the reasons I think the other big orgs are able to do their own
  thing is there is much more organization to their Organization.  They
  have a very well defined structure and development processes.  E on the
  other hand has intentionally resisted creating any structure.  This is
  not bad.  Just the way it is.  But I think that fact makes it difficult
  to run a formal NPO.
 
  I think the things you just mentioned are quite a lot of work.  And I
  think some of them require knowledge I'd be willing to bet few of us
  already own.  Which means there is more work involved in learning what
  to do, and how to do it right/well.  And then there is the work involved
  when something goes wrong somewhere (think legal dispute, IRS issues,
  donator wanting proper receipts?, others?).
 
  Now, it may very well be that all is required to form an NPO is to fill
  out an IRS form, open a bank account if we desire to accept donations,
  and file yearly IRS forms.  Bang, done.  In many cases I suspect that
  would really do.  So we might get away with it.
 
  But, lets go back to the beginning here, and ask *Why* do we need to
  form an NPO?.  A good question, especially considering E might very
  well be older than some of its contributers, and its gotten along
  without for so long.
 
  The impetus for my looking into it last year, and again this year is
  simply GSoC, and the large donation Google makes to us.  They provided a
  rather large donation to E, that had to be accepted by a US resident.
  Said US resident carried that tax liability.  This will happen again
  this year provided we are in fact accepted.  The only other need we have
  had to my knowledge up to this point would possibly be other peoples
  donations.  Technically the donations we've accepted in the past had tax
  consequences for both the person who accepted them for E and for those
  giving the donations.  Presently those donations are not deductible.  If
  we were an NPO those donating would have the ability to deduct them.
 
  So, to answer my own question... I'm sure we could get by without
  forming a NPO.  Our perceived needs are quite small.  But I brought it
  up to get people discussing it, to see if more needs get kicked up.  In
  my head I keep thinking legal cya.  Legal representation is one of those
  things you may never need, but if you do you'd be quite sorry to not
  have it.  Now SFLC may represent an org even if they are not an NPO, not
  sure.  So that there may further reduce our need for NPO.
 
  I think its very easy to argue we do not need one.  But what I am hoping
  to do here is get people to discuss, and see if maybe we do in fact have
  a genuine need, and simply never knew it.
 
 
  Toma
 
  2009/2/7 Ravenlock ravenl...@ravenlock.us:
  Hello,
 
  [Not a development topic.. but I need to hit the right audience]
 
  Last year, with our acceptance in GSoC, it came to my attention that we
  might possibly benefit from forming an official 501(c)(3) Non Profit
  Organization.  This has become fresh in my mind again this year due to
  GSoC, but also due to the Bounty that has appeared regarding the E
  File Manager.
 
 
  [snip]
 
 
  --
  Create and Deploy Rich Internet Apps outside the browser with Adobe(R)AIR
  (TM) software. With Adobe AIR, Ajax developers 

Re: [E-devel] Forming a non-profit entity?

2009-02-07 Thread Ravenlock
On 02/07/2009 01:24, Toma wrote:
 I did a little leg work to see what the Gnome and KDE folks are doing.
 
 http://foundation.gnome.org/legal/
 http://foundation.gnome.org/finance/
 (Yes, the 2007 books are not available! Naughty Naughty!)
 Looks like they run the show themselves, but get free-ish legal
 services from SFLC
 
 http://ev.kde.org/
 These guys also run the show themselves.
 
 Do we know just how much time gets spent doing all this book keeping
 and ground work for these foundations? I get the feeling its a bit of
 work at the start to setup all the copyright, trademarks, bank
 accounts, tax forms etc etc, but once its going its probably not that
 hard to do. (No im not putting my hand up...)

I honestly have very little idea what would truly be involved for us to
do it ourselves.  I know many orgs do it themselves.  Those you already
mentioned, FreeBSD and Apache come to mind.

One of the reasons I think the other big orgs are able to do their own
thing is there is much more organization to their Organization.  They
have a very well defined structure and development processes.  E on the
other hand has intentionally resisted creating any structure.  This is
not bad.  Just the way it is.  But I think that fact makes it difficult
to run a formal NPO.

I think the things you just mentioned are quite a lot of work.  And I
think some of them require knowledge I'd be willing to bet few of us
already own.  Which means there is more work involved in learning what
to do, and how to do it right/well.  And then there is the work involved
when something goes wrong somewhere (think legal dispute, IRS issues,
donator wanting proper receipts?, others?).

Now, it may very well be that all is required to form an NPO is to fill
out an IRS form, open a bank account if we desire to accept donations,
and file yearly IRS forms.  Bang, done.  In many cases I suspect that
would really do.  So we might get away with it.

But, lets go back to the beginning here, and ask *Why* do we need to
form an NPO?.  A good question, especially considering E might very
well be older than some of its contributers, and its gotten along
without for so long.

The impetus for my looking into it last year, and again this year is
simply GSoC, and the large donation Google makes to us.  They provided a
rather large donation to E, that had to be accepted by a US resident.
Said US resident carried that tax liability.  This will happen again
this year provided we are in fact accepted.  The only other need we have
had to my knowledge up to this point would possibly be other peoples
donations.  Technically the donations we've accepted in the past had tax
consequences for both the person who accepted them for E and for those
giving the donations.  Presently those donations are not deductible.  If
we were an NPO those donating would have the ability to deduct them.

So, to answer my own question... I'm sure we could get by without
forming a NPO.  Our perceived needs are quite small.  But I brought it
up to get people discussing it, to see if more needs get kicked up.  In
my head I keep thinking legal cya.  Legal representation is one of those
things you may never need, but if you do you'd be quite sorry to not
have it.  Now SFLC may represent an org even if they are not an NPO, not
sure.  So that there may further reduce our need for NPO.

I think its very easy to argue we do not need one.  But what I am hoping
to do here is get people to discuss, and see if maybe we do in fact have
a genuine need, and simply never knew it.

 
 Toma
 
 2009/2/7 Ravenlock ravenl...@ravenlock.us:
 Hello,

 [Not a development topic.. but I need to hit the right audience]

 Last year, with our acceptance in GSoC, it came to my attention that we
 might possibly benefit from forming an official 501(c)(3) Non Profit
 Organization.  This has become fresh in my mind again this year due to
 GSoC, but also due to the Bounty that has appeared regarding the E
 File Manager.


[snip]



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Re: [E-devel] Forming a non-profit entity?

2009-02-07 Thread Ravenlock
On 02/07/2009 01:24, Toma wrote:
 I did a little leg work to see what the Gnome and KDE folks are doing.
 
 http://foundation.gnome.org/legal/
 http://foundation.gnome.org/finance/
 (Yes, the 2007 books are not available! Naughty Naughty!)
 Looks like they run the show themselves, but get free-ish legal
 services from SFLC
 
 http://ev.kde.org/
 These guys also run the show themselves.
 
 Do we know just how much time gets spent doing all this book keeping
 and ground work for these foundations? I get the feeling its a bit of
 work at the start to setup all the copyright, trademarks, bank
 accounts, tax forms etc etc, but once its going its probably not that
 hard to do. (No im not putting my hand up...)

I honestly have very little idea what would truly be involved for us to
do it ourselves.  I know many orgs do it themselves.  Those you already
mentioned, FreeBSD and Apache come to mind.

One of the reasons I think the other big orgs are able to do their own
thing is there is much more organization to their Organization.  They
have a very well defined structure and development processes.  E on the
other hand has intentionally resisted creating any structure.  This is
not bad.  Just the way it is.  But I think that fact makes it difficult
to run a formal NPO.

I think the things you just mentioned are quite a lot of work.  And I
think some of them require knowledge I'd be willing to bet few of us
already own.  Which means there is more work involved in learning what
to do, and how to do it right/well.  And then there is the work involved
when something goes wrong somewhere (think legal dispute, IRS issues,
donator wanting proper receipts?, others?).

Now, it may very well be that all is required to form an NPO is to fill
out an IRS form, open a bank account if we desire to accept donations,
and file yearly IRS forms.  Bang, done.  In many cases I suspect that
would really do.  So we might get away with it.

But, lets go back to the beginning here, and ask *Why* do we need to
form an NPO?.  A good question, especially considering E might very
well be older than some of its contributers, and its gotten along
without for so long.

The impetus for my looking into it last year, and again this year is
simply GSoC, and the large donation Google makes to us.  They provided a
rather large donation to E, that had to be accepted by a US resident.
Said US resident carried that tax liability.  This will happen again
this year provided we are in fact accepted.  The only other need we have
had to my knowledge up to this point would possibly be other peoples
donations.  Technically the donations we've accepted in the past had tax
consequences for both the person who accepted them for E and for those
giving the donations.  Presently those donations are not deductible.  If
we were an NPO those donating would have the ability to deduct them.

So, to answer my own question... I'm sure we could get by without
forming a NPO.  Our perceived needs are quite small.  But I brought it
up to get people discussing it, to see if more needs get kicked up.  In
my head I keep thinking legal cya.  Legal representation is one of those
things you may never need, but if you do you'd be quite sorry to not
have it.  Now SFLC may represent an org even if they are not an NPO, not
sure.  So that there may further reduce our need for NPO.

I think its very easy to argue we do not need one.  But what I am hoping
to do here is get people to discuss, and see if maybe we do in fact have
a genuine need, and simply never knew it.

 
 Toma
 
 2009/2/7 Ravenlock ravenl...@ravenlock.us:
 Hello,

 [Not a development topic.. but I need to hit the right audience]

 Last year, with our acceptance in GSoC, it came to my attention that we
 might possibly benefit from forming an official 501(c)(3) Non Profit
 Organization.  This has become fresh in my mind again this year due to
 GSoC, but also due to the Bounty that has appeared regarding the E
 File Manager.


[snip]



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[E-devel] Forming a non-profit entity?

2009-02-06 Thread Ravenlock
Hello,

[Not a development topic.. but I need to hit the right audience]

Last year, with our acceptance in GSoC, it came to my attention that we
might possibly benefit from forming an official 501(c)(3) Non Profit
Organization.  This has become fresh in my mind again this year due to
GSoC, but also due to the Bounty that has appeared regarding the E
File Manager.

Forming an NPO has many benefits I'm told.  I don't pretend to fully
understand all of them, but here are the ones that seem most immediately
applicable to E:

  1) A third party to manage our assets:
 Money, copyrights, trademarks, etc
  2) A way to collect earmarked donations:
 I believe we could accept a general donation for E,
 or monies for specific tasks (Like EFM work)
  3) An entity to absorb IRS tax obligations:
 Google pays our organization money for each student
 who completes GSoC.  The money gets sent to an
 individual[1] (for deposit into the E fund, held by
 another individual[2]). Individual[1] has tax
 obligations.
  4) Protection from personal liability:
 They say anyone can sue anyone else for anything
 these days.  Sounds good to be protected from that.
  5) Copyright/Trademark enforcement:
 If we had a need,
  6) Donations to E become tax deductible for he who
 donates.

Now, all of the above might sound like simply more work, more
bookkeeping, and unnecessary structural changes to E.  However, there
are presently organizations out there that are in fact NPOs, whose
function is to be an umbrella NPO for FOSS projects.  One such
organization is the Software Freedom Conservancy.

   http://conservancy.softwarefreedom.org

They provide services to many FOSS orgs.  Some of which are very notable
names:

  http://conservancy.softwarefreedom.org/members/

There is also a sibling organization (Software Freedom Law Center) which
provides legal representation for member projects:

  http://www.softwarefreedom.org/

The SFLC works closely with the Free Software Foundation, GNU Compiler
Collection Steering Committee, and many others.

The SFC/SFLC is a well established organization who already has the
structure, personnel, and facilities to handle all of the above.  Their
goal is to provide these services with little or no changes to its
member orgs.

So, I'm writing this purely to kick up a discussion.  To generate QAs.
 I don't have all the (any?) answers, but I'm willing to do the legwork
to uncover them.

Your thoughts?

-- 
Regards,
Ravenlock




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Re: [E-devel] Forming a non-profit entity?

2009-02-06 Thread Toma
I did a little leg work to see what the Gnome and KDE folks are doing.

http://foundation.gnome.org/legal/
http://foundation.gnome.org/finance/
(Yes, the 2007 books are not available! Naughty Naughty!)
Looks like they run the show themselves, but get free-ish legal
services from SFLC

http://ev.kde.org/
These guys also run the show themselves.

Do we know just how much time gets spent doing all this book keeping
and ground work for these foundations? I get the feeling its a bit of
work at the start to setup all the copyright, trademarks, bank
accounts, tax forms etc etc, but once its going its probably not that
hard to do. (No im not putting my hand up...)

Toma

2009/2/7 Ravenlock ravenl...@ravenlock.us:
 Hello,

 [Not a development topic.. but I need to hit the right audience]

 Last year, with our acceptance in GSoC, it came to my attention that we
 might possibly benefit from forming an official 501(c)(3) Non Profit
 Organization.  This has become fresh in my mind again this year due to
 GSoC, but also due to the Bounty that has appeared regarding the E
 File Manager.

 Forming an NPO has many benefits I'm told.  I don't pretend to fully
 understand all of them, but here are the ones that seem most immediately
 applicable to E:

  1) A third party to manage our assets:
 Money, copyrights, trademarks, etc
  2) A way to collect earmarked donations:
 I believe we could accept a general donation for E,
 or monies for specific tasks (Like EFM work)
  3) An entity to absorb IRS tax obligations:
 Google pays our organization money for each student
 who completes GSoC.  The money gets sent to an
 individual[1] (for deposit into the E fund, held by
 another individual[2]). Individual[1] has tax
 obligations.
  4) Protection from personal liability:
 They say anyone can sue anyone else for anything
 these days.  Sounds good to be protected from that.
  5) Copyright/Trademark enforcement:
 If we had a need,
  6) Donations to E become tax deductible for he who
 donates.

 Now, all of the above might sound like simply more work, more
 bookkeeping, and unnecessary structural changes to E.  However, there
 are presently organizations out there that are in fact NPOs, whose
 function is to be an umbrella NPO for FOSS projects.  One such
 organization is the Software Freedom Conservancy.

   http://conservancy.softwarefreedom.org

 They provide services to many FOSS orgs.  Some of which are very notable
 names:

  http://conservancy.softwarefreedom.org/members/

 There is also a sibling organization (Software Freedom Law Center) which
 provides legal representation for member projects:

  http://www.softwarefreedom.org/

 The SFLC works closely with the Free Software Foundation, GNU Compiler
 Collection Steering Committee, and many others.

 The SFC/SFLC is a well established organization who already has the
 structure, personnel, and facilities to handle all of the above.  Their
 goal is to provide these services with little or no changes to its
 member orgs.

 So, I'm writing this purely to kick up a discussion.  To generate QAs.
  I don't have all the (any?) answers, but I'm willing to do the legwork
 to uncover them.

 Your thoughts?

 --
 Regards,
 Ravenlock



 --
 Create and Deploy Rich Internet Apps outside the browser with Adobe(R)AIR(TM)
 software. With Adobe AIR, Ajax developers can use existing skills and code to
 build responsive, highly engaging applications that combine the power of local
 resources and data with the reach of the web. Download the Adobe AIR SDK and
 Ajax docs to start building applications today-http://p.sf.net/sfu/adobe-com
 ___
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 enlightenment-devel@lists.sourceforge.net
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build responsive, highly engaging applications that combine the power of local
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