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| 
 | ||||
| <h1>Overview</h1> | ||||
| 
 | ||||
| <p>The Software Freedom Conservancy is an organization composed of Free, | ||||
| Libre and Open Source Software (FLOSS) projects (called Conservancy's | ||||
| “member projects”).  Conservancy is a fiscal sponsor for these | ||||
| member projects, thus the Conservancy's member projects benefit from | ||||
| financial, administrative services and non-profit oversight.  By joining | ||||
| the Conservancy, member projects can obtain the benefits of a formal legal | ||||
| structure while keeping themselves focused on software development.</p> | ||||
| <p>The Software Freedom Conservancy is a not-for-profit organization that | ||||
|   helps promote, improve, develop, and defend Free, Libre, and Open Source | ||||
|   Software (FLOSS) projects.  Conservancy provides a non-profit home and | ||||
|   infrastructure for FLOSS projects.  This allows FLOSS developers to | ||||
|   focus on what they do best — writing and improving FLOSS for the | ||||
|   general public, while Conservancy takes care of the projects' needs that | ||||
|   do not relate directly to software development.</p> | ||||
| 
 | ||||
| <p><b>What are the benefits of joining the Conservancy?</b></p> | ||||
| <p>FLOSS projects whose <a href="/members/apply">applications are | ||||
|     accepted</a> become an actual part of the Software Freedom Conservancy | ||||
|     (akin to a separate department for a large agency).  Once joined, the | ||||
|     <a href="/members">—member project”</a> receives most of | ||||
|     the benefits of existing as a non-profit corporate entity without | ||||
|     actually having to form and maintain one.  Conservancy aggregates the | ||||
|     work of running a FLOSS non-profit for <a href="/members/current/">its | ||||
|     many members</a>.</p> | ||||
| 
 | ||||
| <p>One of the principal benefits of joining the Conservancy is that member | ||||
| projects get all the protections of being a corporate entity without | ||||
| actually having to form and maintain one. These benefits include, most | ||||
| notably, the ability to collect earmarked project donations and protection | ||||
| from personal liability for the developers of the project.  Projects can | ||||
| continue to operate in the same way they did before joining the | ||||
| Conservancy without having to select a board of directors or any other | ||||
| layer of corporate management, without having to maintain corporate | ||||
| records and without having to do any of the other things required of | ||||
| incorporated entities.  The Conservancy handles all of that burden on | ||||
| behalf of its projects.</p> | ||||
| <p>The Conservancy provides a large group of important services for its | ||||
|   member projects.  Member projects can take directed donations, which | ||||
|   allows donors to earmark their donations for the benefit of a specific | ||||
|   FLOSS project.  Conservancy provides fiscal oversight to ensure that | ||||
|   these funds are spent in a manner that advances the project and fits | ||||
|   with Conservancy's 501(c)(3) mission to advance software freedom.</p> | ||||
| 
 | ||||
| <p>The Conservancy is a tax-exempt 501(c)(3) organization, so member | ||||
| projects can receive tax-deductible donations to the extent permitted | ||||
| by law.  The Conservancy files a single tax return that covers all of | ||||
| its member projects and handles other corporate and tax related issues | ||||
| on behalf of its members, who are, of course, always free to join and | ||||
| leave the Conservancy at any time.  Additionally, by not having to | ||||
| form a new organization, projects avoid having to pay the fees and | ||||
| spend the time required by the state incorporation and federal tax | ||||
| exemption application processes.</p> | ||||
| <p>If the member project's leaders want, Conservancy can also hold other | ||||
|   assets and titles on behalf of the projects, such as copyrights, | ||||
|   trademarks, domain names, online hosting accounts, title and ownership | ||||
|   of physical hardware.  Also at discretion of the project's leaders, | ||||
|   Conservancy can assist in defending the rights represented in these | ||||
|   assets.  For example, Conservancy is available to assist member projects | ||||
|   in enforcing the terms of the projects' FLOSS license.</p> | ||||
| 
 | ||||
| <p>Another benefit of joining the Conservancy is that projects can use | ||||
| it to hold assets, which are managed by the Conservancy on behalf of | ||||
| and at the direction of the project.  For example, any monies received | ||||
| by a project are put in a separate Conservancy fund and maintained | ||||
| there until the project directs the Conservancy to do something with | ||||
| the funds.  This prevents developers from having to commingle project | ||||
| funds with their own accounts or having to set up their own project | ||||
| specific account.  Since the Conservancy is a tax-exempt organization, | ||||
| there are some limits that the law places on what member projects can | ||||
| do with their assets, but those limits are the same as if the project | ||||
| was an independent non-profit entity.</p> | ||||
| <p>Finally, developers of Conservancy's member projects, when operating in | ||||
|   their capacity as project leaders, receive some protection from personal | ||||
|   liability for their work on the project.</p> | ||||
| 
 | ||||
| <p>All of these benefits are currently provided for free.  The Conservancy | ||||
| does not currently charge its member projects any fees.  The Conservancy | ||||
| of course welcomes and appreciates voluntary contributions from member | ||||
| projects to help cover the cost of providing these services.</p> | ||||
| <p>A full and detailed <a href="/member/services/">list of Conservancy's | ||||
|   services for its member projects</a> and a <a href="/members/current/">a | ||||
|   list of Conservancy's current member projects</a> are available.</p> | ||||
| 
 | ||||
| <p><b>How does a project join the Conservancy?</b></p> | ||||
| 
 | ||||
| <p>In order to join, projects need to meet certain criteria, including the | ||||
| requirement that the project be exclusively devoted to the development of | ||||
| Free and Open Source Software and that it be consistent with the | ||||
| Conservancy's tax-exempt purposes and the financial requirements imposed | ||||
| by the IRS.  Most FLOSS projects will meet these requirements.  To find out | ||||
| if your project can join the Conservancy, or to get more information, | ||||
| <a href="/about/contact/">contact us</a>, preferably by email.  Qualifying | ||||
| projects that wish to join the Conservancy will form an agreement with the | ||||
| Conservancy that sets out all of their rights and responsibilities.</p> | ||||
| 
 | ||||
| <p>While any project licensed under a widely recognized FOSS license can | ||||
|   apply, the Conservancy seeks in particular projects that are | ||||
|   well-established and have some track record of substantial contributions | ||||
|   from a community of volunteer developers.  The Conservancy does gives | ||||
|   higher priority to projects that have an established userbase and | ||||
|   interest, but also tries to accept some smaller projects with strong | ||||
|   potential.</p> | ||||
| 
 | ||||
| <p><b>If my project joins the Conservancy, how will it change?</b></p> | ||||
| 
 | ||||
| <p>Substantively, member projects continue to operate in the same way as they | ||||
| did before joining the Conservancy.  So long as the project remains | ||||
| devoted to Free and Open Source Software and operates consistently with | ||||
| the Conservancy's tax-exempt status, the Conservancy does not intervene in | ||||
| the project's development other than to provide administrative assistance. | ||||
| For example, the Conservancy keeps and maintains books and records for the | ||||
| project and assists with the logistics of receiving donations, but does | ||||
| not involve itself with technical or artistic decision making.  Projects | ||||
| are asked, however, to keep the Conservancy up to date on their | ||||
| activities.</p> | ||||
| 
 | ||||
| <p><b>Once a project joins, who owns its assets (money, copyrights, trademarks, | ||||
| etc.)?</b></p> | ||||
| 
 | ||||
| <p>The Conservancy holds assets on behalf of its member projects and | ||||
| manages and disburses those assets in accordance with the project's | ||||
| wishes.  Monies received by the Conservancy on behalf of a project are | ||||
| kept track of separately for each specific project and the management of | ||||
| those funds is directed by the project.  For example, if a donor wanted to | ||||
| contribute $100 to Project X, they would formally make the donation to the | ||||
| Conservancy and identify Project X as the desired project to support.  The | ||||
| Conservancy would then deposit the check and earmark the funds for use by | ||||
| Project X.  Project X would then tell the Conservancy how that money | ||||
| should be spent.</p> | ||||
| 
 | ||||
| <p>Similarly, any copyrights, trademarks or other assets transferred to a | ||||
| project can also be held by the Conservancy on behalf of the project.  A | ||||
| significant service that the Conservancy provides its members is a vehicle | ||||
| through which copyright ownership in the project can be unified.  There | ||||
| are several advantages to having a consolidated copyright structure, | ||||
| including that it makes enforcement activity easier and more effective. | ||||
| However, although it is almost always beneficial for projects to | ||||
| consolidate their copyrights, such is not a requirement in order to join | ||||
| the Conservancy.</p> | ||||
| 
 | ||||
| <p><b>How can a project leave the Conservancy?</b></p> | ||||
| 
 | ||||
| <p>As set out in an agreement between member projects and the Conservancy, | ||||
| projects can leave the Conservancy at any time.  Federal tax exemption | ||||
| law, though, states that projects must transfer their assets from the | ||||
| Conservancy in a way that is consistent with the Conservancy's | ||||
| not-for-profit tax status — meaning the assets cannot be transferred | ||||
| to an individual or a for-profit entity.  Generally, a project would | ||||
| either find another fiscal sponsor or form their own independent | ||||
| tax-exempt non-profit.</p> | ||||
| 
 | ||||
| <p><b>Who runs the Conservancy?</b></p> | ||||
| 
 | ||||
| <p>Like many non-profits, The Conservancy is directed by a | ||||
| self-perpetuating <a href="/about/team/board/">Board of Directors</a>, who | ||||
| appoint <a href="/about/team/officers/">Officers</a> to carry out the | ||||
| day-to-day operations of the Conservancy.  The Directorship of the | ||||
| Conservancy is designed to include both talented non-profit managers and | ||||
| seasoned FOSS project leaders who can both guide the administrative | ||||
| operations of the organization as well as mentor member project leadership | ||||
| as needed.  Our Directors constantly search for additional directors who | ||||
| can contribute a variety of expertise and perspective related to the | ||||
| Conservancy's mission.</p> | ||||
| 
 | ||||
| <h2>Public Filings</h2> | ||||
| 
 | ||||
| <p>Like all USA non-profits, the Conservancy files an annual Form 990 and, as | ||||
| a non-profit in the State of New York, files an annual CHAR-500 with New | ||||
| York State.  Below, Conservancy makes available these filings for public | ||||
| inspection:</p> | ||||
| 
 | ||||
| <p><ul> | ||||
| <li>Fiscal Year 2008</li> | ||||
| <ul> | ||||
| <li><a href="/docs/conservancy-form-990-fy-2008.pdf">Federal Form 900 (PDF)</a></li> | ||||
| 
 | ||||
| <li><a href="/docs/conservancy-CHAR-500-fy-2008.pdf">New York State | ||||
|     CHAR-500 (PDF)</a></li> | ||||
| </li> | ||||
| <p>Conservancy and | ||||
|   its <a href="/about/directors">directors</a>, <a href="/about/officers">officers</a>, | ||||
|   and <a href="/about/staff">staff</a> believe strongly in the principles | ||||
|   of software freedom, and believe that all users should have the right to | ||||
|   study, improve and share their software.  Conservancy helps protect, | ||||
|   enable, coordinate, facilitate and defend the public's right to copy, | ||||
|   share, modify and redistribute FLOSS both non-commercially and | ||||
|   commercially.</p> | ||||
| 
 | ||||
| {% endblock %} | ||||
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	 Bradley M. Kuhn
						Bradley M. Kuhn