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