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From Florian Effenberger <>
Subject Re: Apache Incubator Proposal: Splitting^H^H^H^H^H^H^H^H^HREUNITING the Community?
Date Sun, 05 Jun 2011 17:54:38 GMT

Robert Burrell Donkin wrote on 2011-06-05 16.41:

> Non-profit foundations are constrained to act in certain ways. For
> example, it is hard for either the Apache or the Free Software
> Foundations to close source donated code.

that's the same for a German-based foundation, and exactly the same for 
a German-based nonprofit association, which we currently have as legal 
entity. So, no difference at all, except for the location. :) The German 
association also is bound to their statutes and rules.

> Workarounds would have been possible but would have been slower and
> less certain to succeed. Donation to a existing non-profit foundation
> with an established governance model is a quick and sure way to get
> the code out from for-profit corporate control and to the community.

That point has been repeaded over and over again, but basically you are 
saying everyone "Do not set up your own foundation at all, we alreadyh 
have enough."

Besides, the currently existing association has a governance model, is 
non-profit and donations are tax-deductible. So, I really don't see this 
as an issue, and I guess we would have had a similar discussion of the 
foundation was already in effect. ;)


Florian Effenberger <>
Steering Committee and Founding Member of The Document Foundation
Tel: +49 8341 99660880 | Mobile: +49 151 14424108
Skype: floeff | Twitter/ @floeff

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