prepopulated_fields = {'slug': ('label',)}

@admin.register(Entry)

class EntryAdmin(admin.ModelAdmin):

    list_display = ('pub_date', 'headline', 'author')

    list_filter = ['pub_date']

    date_hierarchy = 'pub_date'

    search_fields = ['headline', 'summary', 'body']

    prepopulated_fields = {'slug': ("headline",)}

    filter_horizontal = ('tags',)

def relative_redirect(request, path):

    from django import http

    host = request.get_host()

    url = "{}://{}{}".format(request.is_secure() and 'https' or 'http', host, path)

    return http.HttpResponseRedirect(url)

class BlogYearArchiveView(YearArchiveView):

    make_object_list = True

    allow_future = True

    extra_context = {}

    def get_context_data(self, **kwargs):

        context = super().get_context_data(**kwargs)

        context.update(self.extra_context)

        return context

class BlogMonthArchiveView(MonthArchiveView):

    allow_future = True

    extra_context = {}

    def get_context_data(self, **kwargs):

        context = super().get_context_data(**kwargs)

        context.update(self.extra_context)

        return context

class BlogDayArchiveView(DayArchiveView):

    allow_future = True

    extra_context = {}

    def get_context_data(self, **kwargs):

        context = super().get_context_data(**kwargs)

        context.update(self.extra_context)

        return context

class BlogDateDetailView(DateDetailView):

    allow_future = True

    extra_context = {}

    def get_context_data(self, **kwargs):

        context = super().get_context_data(**kwargs)

        context.update(self.extra_context)

        return context

Computer Science

from <a href="http://www.loyola.edu/academic/computerscience">Loyola

University in Maryland</a>, and an M.S. in Computer Science from

the <a href="http://www.cs.uc.edu/">University of

Cincinnati</a>.  <a href="http://www.ebb.org/bkuhn/articles/thesis/">Kuhn's

Master's thesis</a> discussed methods for dynamic interoperability of Free

Software programming languages.  Kuhn received

the <a href="http://www.oscon.com/oscon2012/public/schedule/detail/25039">O'Reilly

Open Source Award in 2012</a>, in recognition for his lifelong policy work on

copyleft licensing.  Kuhn has <a href="http://ebb.org/bkuhn/blog/">a

blog</a> and co-hosts

the audcast, <a href="http://faif.us/"><cite>Free as in Freedom</cite></a>.</p>

<h2 id="allison">Dr. Allison Randal - Chair of the Board</h2>

<p> Over the course of multiple decades as a free software developer,

 Allison has worked in a wide variety of projects and domains, from

 games, linguistic analysis tools, websites, mobile apps, shipping

 fulfillment, and talking smart-home appliances, to programming language

 design, compilers, hypervisors, containers, deployment automation,

 database replication, operating systems and kernels, and hardware

 architectures and microarchitectures.</p>

<p>She is a board member at the Open Infrastructure Foundation, vice chair

 of the Microarchitecture Side Channels (Security) SIG at RISC-V

well as planning and carrying out our enforcement strategy (with advice and

input from SFC's Executive Director and Policy Fellow).  Outside of SFC, Denver

also co-runs a FOSS business. Previously, Denver authored financial trading

software on Linux.  Denver writes free software in his spare time: his patches

have been accepted into Wine, Linux, and wdiff.  Denver received his BMath in

Computer Science from the University of Waterloo.  He gives presentations about

digital civil rights and how to ensure FOSS remains sustainable as a community

and financially, having spoken at conferences such as LinuxCon North America,

Texas Linux Fest, LibrePlanet, CopyCamp Toronto, FOSSLC's Summercamp,

CopyleftConf, and the Open Video Conference.</p>

<h2 id="tracy">Tracy Homer - Operations Manager</h2>

Bringing her super-skills of organization and love of bureaucracy,

she helps things run at SFC smoothly behind the scenes.

Tracy also serves on the board of her local hackerspace, an organization

committed to teaching and promoting open technology exclusively.

She feels that open techonology allows people to express their creativity

regardless of their financial situation or technical background.

Tracy is currently persuing a degree in GIS from the University of Tennessee.</p>

<h2 id="bkuhn">Bradley M. Kuhn - Policy Fellow and Hacker-in-Residence</h2>

<p><a href="http://ebb.org/bkuhn/">Bradley M. Kuhn</a> is

for more information on getting involved in compliance efforts in that

project.

</p>

<h2 id="linux">GPL Compliance Project For Linux Developers</h2>

<p>In May

2012, <a href="/news/2012/may/29/compliance/">Conservancy

launched</a> the <cite>GPL

Compliance Project for Linux Developers</cite>, which handles compliance and

enforcement activities on behalf of more than a dozen Linux copyright

holders.</p>

<p>The GPL Compliance Project for Linux Developers is comprised of copyright

holders in the kernel, Linux, who have contributed to Linux under its

license, <a href="http://www.gnu.org/licenses/gpl-2.0.html">the

GPLv2</a>. These copyright holders have formally asked Conservancy to engage

in compliance efforts for their copyrights in the Linux kernel.  In addition,

some developers have directly assigned their copyrights on Linux to Conservancy,

so Conservancy also enforces the GPL on Linux via its own copyrights in Linux.</p>

<p>Linux copyright holders who wish to assign copyright to or sign an enforcement agreement with

Conservancy should

  contact <a href="mailto:linux-services@sfconservancy.org">&lt;linux-services@sfconservancy.org&gt;</a>.

  In 2016,

  source is usable and readily available to hobbyists. It is our duty, as

  activists for the software freedom of hobbyists, to ensure these legally

  mandated rights are never curtailed.</p>

<p>(More on the OpenWrt project’s history and its connection to GPL

  enforcement can be found

  in <a href="https://www.youtube.com/watch?v=r4lCMx-EI1s">Kuhn’s talk

    at <em>OpenWrt Summit 2016</em></a>.)</p>

<p>Conservancy has had substantial success in leveraging more device freedom

  in other subindustries through GPL compliance. In 2009, Conservancy, with

  co-Plaintiff Erik Andersen, sued fourteen defendants in federal court under

  achieved compliance for the BusyBox project in all fourteen

  cases. Most notably, the GPL-compliant source release obtained in the

  lawsuit for certain Samsung televisions provided the basis for

  the <a href="https://www.samygo.tv/">SamyGo project</a> — an alternative

  firmware that works on that era of Samsung televisions and allows consumers

  to modify and upgrade their firmware using FOSS.</p>

<p>Harald Welte also continued his efforts during the early and mid-2000s,

  after the Linksys enforcement, through

  his <a href="https://gpl-violations.org/">gpl-violations.org

    project</a>. Harald successfully sued many companies (mostly in the

  wireless router industry) in Germany to achieve compliance and yield source

The promise of GPL enforcement is only realized through actual, practical use

and improvement of the released software for users.</p>

<h2 id="gpl-enforcement-needs-follow-through">GPL Enforcement Needs Follow-Through</h2>

<p>Simply enforcing the GPL is an important first step, and Conservancy

  <a href="enforcement-strategy.html">continues our efforts in that

  regard</a>. However, we can

  replicate <a href="/copyleft-compliance/enforcement-strategy.html#brief-history-of-user-focused-gpl-enforcement">the

  success found with OpenWrt</a> <em>only by</em> a substantial

  effort <strong>after</strong> enforcement occurs to turn the compliant

  source release into a viable alternative firmware for the platform.</p>

<p>Conservancy has seen non-compliant Linux-based firmwares on refrigerators,

  baby monitors, virtual assistants, soundbars, doorbells, home security

  cameras, police body cameras, cars, AV receivers, and televisions.  We

  believe that building an alternative firmware for one of these classes of

  devices — or joining our work with an existing alternative firmware project

  that is struggling due to lack of sources available — will lead to

  more palpable software freedom for users of these device.</p>

<h2 id="limited-success-of-alternative-hardware">Limited Success of

  Alternative Hardware</h2>

    that CCS</strong>!  If you don't get it, or they give you the run-around,

    then <a href="#reporting">report the violation to us</a>!</p>

<h2 id="reporting">Reporting GPL Violations To Us</h2>

<p>If you are aware of a license violation or compliance issue regarding any

  copyleft license, such as the AGPL, GPL or LGPL,

  please <a href="mailto:compliance@sfconservancy.org">contact us by email at

  &lt;compliance@sfconservancy.org&gt;</a>.</p>

<!--- FIXME: bkuhn is rewriting this blog post fresh the weekend of --

      2020-07-18 so we need not link to ebb.org anymore when we roll out

<p>If you think you've found a GPL violation, we encourage you to

   read <a href="http://ebb.org/bkuhn/blog/2009/11/08/gpl-enforcement.html">this

   personal blog post by our Policy Fellow, Bradley M. Kuhn</a>, about good

   practices in discovering and reporting GPL violations.</p>

<h2 id="sustain">Donate to Sustain This Work</h2>

<p>Finally, Conservancy welcomes <a href="#donate-box"

  class="donate-now">donations</a> in support of our copyleft compliance work,

  and we encourage you to become a <a href="/sustainer/">an official

  Sustainer of Software Freedom Conservancy</a>. </p>

{% endblock %}

<h3>SUPPLEMENTAL RESOURCES FOR JOURNALISTS</h3>

<ul>

<li><a href="https://sfconservancy.org/docs/software-freedom-conservancy-v-vizio-announce-press-kit.pdf">A

full press kit, with substantial additional information and resources for

    journalists covering this story, can be viewed and downloaded here.</li>

<li><a href="/docs/software-freedom-conservancy-v-vizio-complaint-2021-10-19.pdf">The

    legal complaint is available</a>.</li>

</ul>

<h3>MEDIA CONTACT</h3>

<p>Hannah Gregory, Media Rep for Good Causes<br/>

<a href="mailto:media@sfconservancy.org">&lt;media@sfconservancy.org&gt;</a></p>

{% endblock %}

    the link on the right</a>.</em></p>

<p>We were told to ask nicely and repeatedly, so we did.</p>

<p>We asked allies to help us make contact in friendly and professional

  ways.</p>

<p>Everyone asked us to give companies as many chances as possible and as

  much help as possible to comply with copyleft, so we did.</p>

<p>We've worked for years to help VMware comply with the GPL, but they

NDA just to discuss settlement terms!</p>

release.  Christoph also

ranks 4th among those who have reviewed third-party source code, tirelessly

corrected and commented on other developers' contributions.  Christoph

licenses his code to the public under the terms of the GPL for practical and

ideological reasons.  VMware, a company with net revenue of over $1 billion

and over 14,000 employees, ignored Christoph's choice.  They took Christoph's

code from Linux and modified it to work with their own kernel without releasing

source code of the resulting complete work.  This is precisely the kind of

activity Christoph and other kernel developers seek to prevent by choosing

the GPL.  The GPL was written to prevent this specific scenario!</p>

<h3>This is a matter of principle.</h3>

  After you <a href="#donate-box" class="donate-now">donate</a>, go and tell the world: &ldquo;Play by the rules, @VMware. I defend the #GPL with Christoph &amp; @Conservancy. #DTRTvmware  Help at https://sfconservancy.org/sustainer/ &rdquo; on your blog or microblog.

  </p>

<h3>Isn't the combined works and/or derivative works question a legal grey area?</h3>

<p>We don't think so, but this case will let the court to decide that question.

Either way, it's beneficial to our entire community to find out what the

judges think.  (Check out our <a href="/copyleft-compliance/vmware-lawsuit-faq.html">FAQ to find out more

information</a>.)</p>

<p>Help us pay for this expensive lawsuit and to generally defend software

  was matched up to $50,000. However, that $100,000 is just an initial step

  and there is so much GPL enforcement work to do.  So, please

  donate now: by becoming <a href="/sustainer/">a Conservancy Sustainer</a> or

  via <a href="#donate-box" class="donate-now">donate link on the right</a>.</p>

<h3>Want To Know More?</h3>

<p>Watch the video below of Conservancy Executive Director, Karen Sandler,

  <a href="/news/2015/mar/31/libreplanet/">delivering a keynote on this topic

  at

    LibrePlanet 2015</a>:</p>

<p>

 <video controls

         preload="auto" class="video-js vjs-default-skin"

         data-setup='{"height": 276,

                      "width": 640 }'>

    <source src="https://media.libreplanet.org/mgoblin_media/media_entries/113/karen-sandler-keynote-2015.medium.webm"

              type="video/webm; codecs="vp8, vorbis""

             />

 </video>

</p>

<p>Or, read <a href="/copyleft-compliance/vmware-lawsuit-faq.html">our FAQ about

    the lawsuit</a>.</p>

{% endblock %}

<p>Indeed, Conservancy reached out into the broader fiscal sponsorship

  community beyond the <abbr title="Free, Libre and Open Source Software">FLOSS</abbr>

  <abbr title="Non-profit Organization">NPO</abbr> community and discovered that many larger fiscal sponsors &mdash; even

  those willing to use proprietary components — have cobbled together

  their own unique systems, idiosyncratically tailored to their specific

  environments.  Thus, good, well-designed, and reusable accounting software

  for non-profit fiscal sponsorship is not just missing in the software

  freedom community; it's missing altogether.</p>

<p>The project that Conservancy proposes will take a modest step

  <a href="#quotes">Many NPO leaders and academics agree</a> with Conservancy about the

  immediate need for work to begin on this

  effort.  <a id="endorsements"

  style="text-decoration:none"></a><a href="http://april.org">April</a>, <a href="https://www.fracturedatlas.org">Fractured Atlas</a>, The <a href="http://fsf.org">Free Software

  Foundation</a>, The <a href="https://www.mozilla.org/foundation/">Mozilla

Foundation</a>, The <a href="http://www.gnome.org/foundation/">GNOME Foundation</a>,  <a

        href="https://openhatch.org/">OpenHatch</a>, <a href="http://opensource.org/node/658">Open Source Initiative</a>,

  <a href="http://QuestionCopyright.org">QuestionCopyright.org</a>, and <a href="http://www.spi-inc.org/">Software in the Public Interest</a> have

  all endorsed Conservancy's plan, and they encourage you to <a href="#donate-box" class="donate-now">donate and

  support it</a>.</p>

<p>Conservancy is uniquely qualified to undertake this task.  Using only Free

<p>It appears from extensive research that the core components of SmartCast were not created by Vizio, but rather, are based on various components licensed to the public under free and open-source software (FOSS) licenses. Most notably, many of the programs that are part of the SmartCast system are licensed under the GPL.</p>

<h3 id="">Q: What is copyleft?</h3>

<p>Copyleft is a term used to describe a license that uses the rights granted under copyright—not to restrict usage, but instead to ensure that the software is always shared freely.</p>

<h3 id="">Q: What is FOSS? </h3>

<p>“FOSS” stands for free and open-source software that allows for software freedom. “Software freedom” means the freedom of a user to run, study, (re)distribute, and (re)install (modified) versions of a piece of software. More generally, it is the idea that we are entitled to rights when using software and there should be equal protections for privacy and redistribution. The rights should treat everyone equally: big businesses and individual consumers and users alike.</p>

<h3 id="">Q: I thought FOSS allowed companies to simply take software from the commons and put it into their products whenever they wanted? Isn’t that the whole point of FOSS—for companies to get components for their products and lower their cost of production?</h3>

<p>While that is the main advantage that big corporations get from FOSS, it was never the primary impetus behind FOSS. Particularly through special licensing terms like the GPL, this licensing approach creates an egalitarian community of users, developers, and consumers. When functioning correctly, each individual and organization that participates in FOSS stands on equal footing with everyone else. Licenses like the GPL have rules to assure everyone's rights in that ecosystem are treated with equal respect and reverence. This is why compliance with these rules is important and we must stand up against companies who refuse to comply. </p>

<h3 id="">Q: But, I'm not a software developer. Why should I care at all that Vizio won’t let me modify and reinstall GPL’d components in its SmartCast system?</h3>

<p>Right-to-repair software is essential for everyone, even if you don't know how to make the repairs yourself. Once upon a time, we had lots of local vendors that could repair and fix TVs when they broke.  That’s because TVs were once analog hardware devices that could be taken apart and understood merely by inspection from someone with the sufficient knowledge. TVs today are simply a little computer attached to a large display. As such, the most important part that needs repairs is usually when the software malfunctions, has bugs, or otherwise needs upgrades and changes. The GPL was specifically designed to assure such fixes could be done, and that consumers (or agents those consumers hire on the open market) can make such repairs and changes. </p>

<h3 id="">Q: Alright, that makes sense, but I’m happy with Vizio’s SmartCast right now. What difference does it make to me if Vizio won’t give me the rights under the GPL?</h3>

<p>Time and time again, companies stop supporting the software build for the device long before the computer inside the device fails. In other words, these devices are built for planned premature obsolescence. </p>

<p>By refusing to comply with the pro-consumer terms of the GPL, Vizio has the power to disable your TV at any time it wants, over your internet connection, without your knowledge or consent. If Vizio complied with the GPL, all would not be lost in this scenario: volunteers and third-party entities could take GPL’d software as a basis for a replacement for SmartCast. Without these rights, consumers are essentially forced to purchase new devices when they could be repaired.</p>

<h3 id="">Q: Creation of a replacement for SmartCast seems far-fetched to me. After all, most of the software in SmartCast is not actually GPL’d, only a portion of the components and programs are GPL’d.  How will Vizio's compliance with the GPL actually lead to an alternative firmware?</h3>

<p>Years ago, people said the very same thing about wireless routers, which had only partially GPL'd firmwares. However, thanks to actions to enforce the GPL in the wireless router market, the OpenWrt project was born! That project is now the premiere replacement software for wireless routers from almost every major manufacturer on the market. There is now healthy competition and even occasional cooperation between a hobbyist and community-led firmware project and the wireless router manufacturers. We believe the same can happen for TVs, but the first step is assuring the entire TV market complies with the GPL.</p>

<h3 id="">Q: What indications do you have that compliance with the GPL will be a catalyst for alternative firmwares?</h3>

<p>Beyond the OpenWrt example, Software Freedom Conservancy sued 14 defendants for GPL violations in 2009, including Samsung for its 2009-era TV models. Thanks to the source release that was achieved through the settlement of that lawsuit, a community-led SamyGo project was created for that era of TVs. (source)</p>

<h3 id="">Q: Who is the plaintiff in the lawsuit?</h3>

<p>Software Freedom Conservancy is the plaintiff in this case. The organization is filing as a third-party beneficiary, as the purchaser of a product which has copylefted code on it. A consumer of a product such as this has the right to access the source code so that it can be modified, studied, and redistributed (under the appropriate license conditions).</p>

<h3 id="">Q: What makes this different than other GPL compliance lawsuits?</h3>

<p>In the past, the plaintiffs have always been copyright holders of the specific GPL code. In this case Software Freedom Conservancy is demonstrating that it's not just the copyright holders, but also the receivers of the licensed code which are entitled to their rights.</p>

<h3 id="">Q: What type of case is this?  How does it compare to previous litigation by Software Freedom Conservancy regarding the GPL?</h3>

<p>Previously, Software Freedom Conservancy filed as a copyright holder in federal court, or coordinated or funded litigation by other copyright holders in copyright cases in the U.S. and Germany. This is an example of how, historically, GPL litigation has focused on the rights of the developers. However, the rights assured by the GPL are actually not intended primarily for the original developers, but rather for people who purchase products that contain GPL’d software. That is what makes this litigation unique and historic in terms of defending consumer rights. It is the first case that focuses on the rights of individual consumers as third-party beneficiaries of the GPL.</p>

<h3 id="">Q: Why are you filing a third-party beneficiary claim instead of a copyright claim?</h3>

<p>For too long, GPL enforcement has focused only on the rights of developers, who are often not the ones impacted by the technology in question. Some of those same developers even have lucrative jobs working for the various companies that violate the GPL. The GPL was designed to put the rights of hobbyists, individual developers, consumers, small companies, and nonprofit organizations on equal footing with big companies. With the advent of more contributions to GPL’d software coming from for-profit multinational corporations and fewer from individuals, the rights of these other parties are often given second-class billing. The third-party beneficiary claim prioritizes the consumers, who are the users and the most important beneficiaries of the rights under GPL.</p>

<h3 id="">Q:  Are you saying the rights of developers under the GPL are not important?</h3>

<p>Not at all! Most would agree that individual developers care deeply about the software freedom of users. They are the artists who create the amazing FOSS on which all of us rely. However, as Francis Ford Coppola once said (paraphrased), “to understand who holds the power in any culture, look not to the artists but who employs the artists”—a quote which suits this situation well. Large multinational corporations have co-opted FOSS for their own bottom lines. While many developers privately cheer Software Freedom Conservancy’s efforts and donate money to this cause, they fear the power that their employers exert and have asked Software Freedom Conservancy to fight for the software freedom of users.</p>

<h3 id="">Q:  Why is this important for the future of developers?</h3>

<p>The next generation of developers comes from the users of today. The golden age of FOSS that the industry now enjoys came to fruition from the counterculture created by FOSS activists in the 1990s and early 2000s. During this time, Linux and other GPL’d software was considered just a curiosity (and was even accused of being anti-American). Nevertheless, the rights assured by the GPL ultimately led to a new generation of software developers learning how to build Linux and all the amazingly useful FOSS around it. To recruit a diverse group of the next generation of enthusiastic developers, we must ensure that the rights under GPL are available to every single individual, consumer and hobbyist around the globe. That is what this lawsuit is about.</p>

<h3 id="">Q: If the goal is to fight for all consumer rights, why not file this lawsuit as a class action? </h3>

<p>Forcing consumers to fight for their individual rights is one way that for-profit corporations exert their inappropriate power. Actions such as this lawsuit seek to disrupt this power dynamic by asserting that all consumers of copylefted code deserve the opportunity to know, access and modify the code on their devices. However, expecting all consumers to have to personally participate in that process not only puts an undue burden on them, it simply is not realistic. It is not how change happens. Furthermore, pursuant to “The Principles of Community Oriented GPL Enforcement,” the lawsuit does not prioritize financial remedy over compliance. This lawsuit seeks the most important remedy for the public good: release of the Complete, Corresponding Source (CCS) for all GPL’d components on Vizio TVs. Once that is achieved, the benefit is immediately available to not only all who purchased a Vizio TV, but also to the entire FOSS community.  </p>

<h3 id="">Q: What are “The Principles of Community Oriented GPL Enforcement”?</h3>

<p>In 2016, Software Freedom Conservancy published “The Principles of Community-Oriented GPL Enforcement” in response to those who might use copyleft licenses for their own financial gain. Software Freedom Conservancy is part of a long tradition of using copyleft enforcement as intended: to further the rights and freedoms of individual users, consumers, and developers. Pursuant to those principles, Software Freedom Conservancy never prioritizes financial gain over assuring the rights guaranteed by the GPL are upheld.</p>

<h3 id="">Q: Are the court documents released? Does that relate to why the litigation was brought in the U.S.?</h3>

<p>Software Freedom Conservancy brought this litigation within the U.S. specifically because litigation in this country is completely public. Historically, Germany has been one of the most popular venues for GPL litigation but it also has a huge downside: the German legal system keeps all details of the cases private and there is little transparency. </p>

<h3 id="">Q: Who is funding this lawsuit? </h3>

<p>This lawsuit is central to the mission of Software Freedom Conservancy. The organization has received grants from Amateur Radio Digital Communications (ARDC) to support GPL compliance work. As a nonprofit, charitable donations are also an important source of funding to carry out the work. This combined financial support allowed for this litigation to begin. However, continued donor support will be vital since litigation like this is quite expensive.</p>

<h3 id="">Q: How can someone make a donation?</h3>

<p>To make a tax-deductible donation to Software Freedom Conservancy, go to sfconservancy.org/donate. The best way to support this important work is to join as an official Sustainer. Details on that program are available at sfconservancy.org/sustainer. </p>

\fi

\if\relax\detokenize{#3}\relax

\else

\hspace{2.5em} #3

\fi

\vspace{6ex}

}

\begin{document}

\begin{center}

\par\end{center}

\bigskip{}

This Agreement is made by and between Software Freedom Conservancy

(``Conservancy'') and FIXME-CONTRIBUTOR-NAMES (the ``\signatories'')

IRC Sections 509(a)(1) and 170(b)(1)(A)(vi).

\textsc{Whereas:}

\begin{enumerate}[label=\Alph*.,ref=\S \Alph*]

\item Conservancy's organizational mission and charitable goal is to promote,

improve, develop and defend Free, Libre, and Open Source Software

\item The purpose of the Project is to produce, distribute, document, and

improve software and/or documentation that can be freely copied, modified and redistributed,

and for which modified versions can also be redistributed (``Free Software''),

and to facilitate and organize its production, improvement and ease

\item Conservancy desires to act as the fiscal sponsor of the Project beginning

on the Effective Date (as defined below) to assist the Project in

accomplishing its purpose, which Conservancy has determined will further

Conservancy's charitable goals. The \signatories desire to manage

\item Conservancy's Board of Directors has approved the establishment

of a fund to receive donations of cash and other property earmarked

for support of the Project and to make disbursements in furtherance

of the Project's mission (the ``Project Fund''). Currently, the

\end{enumerate}

\medskip{}

\textsc{Now, therefore, the Parties hereby agree as follows:}

\begin{enumerate}[label=\arabic*.,ref=\S~\arabic*]

\item \textbf{Term of Agreement}. As of the Effective Date, the Project

joins Conservancy, which relationship will continue unless and until

\item \textbf{Project Management and Activities}.

\begin{enumerate}[label=\alph*.,ref=\theenumi(\alph*)]

\item \textbf{The \leadershipbody Will Manage the Project}. \label{ProjectManagement}

Authority to manage the technical, artistic and philanthropic direction

of the Project and the program activities of the Project is delegated

to the \leadershipbody as defined in \ref{Representation},

subject at all times to the direction and control of Conservancy's

Board of Directors. Conservancy will only intervene in the program

activities to the extent the Project is not in compliance with \ref{FreeSoftware}

\item \textbf{The Project Will Be Free Software}. \label{FreeSoftware}

Conservancy and the \leadershipbody agree that any and all software

and/or documentation distributed by the Project will be distributed solely as Free Software.

Conservancy retains the sole right to determine whether the Project's

software and/or documentation constitutes Free Software (as defined herein).

\item \textbf{Ultimate Responsibility of Project}. Subject to \ref{ProjectManagement}

of this Agreement, all community programs, public information work,

fundraising events, processing and acknowledgment of cash and non-cash

revenue items, accounts payable and receivable, negotiation of leases

and contracts, disbursement of Project funds (including grants), and

other activities planned by the Project shall be the ultimate responsibility

of Conservancy and shall be conducted in the name of Conservancy,

\item \textbf{Project Not An Agent Of Conservancy}. The \signatories

hereby acknowledge that the Project and the \leadershipbody

do not and shall not act as an agent for Conservancy unless specifically

\end{enumerate}

\item \textbf{Fees}. The \signatories agree to donate ten percent

(10\%) of the Project's gross revenue (including, but not necessarily limited

to, all income and donations) to Conservancy for its general operations.

Notwithstanding the above, the \signatories agree that should Conservancy

be required to pay any taxes (including but not limited to sales taxes

and unrelated business taxable income) as the result of any activity

of the Project and/or activities undertaken by Conservancy on the

Project's behalf, such taxes shall be deducted from the Project Fund.

of the Project as nearly as possible within Conservancy's sole judgment.

Conservancy agrees to make a good faith effort to consider any expressed

donor intent in making determinations on the expenditure of that donor's

gift; however, the Parties acknowledge that expressions of donor intent

are not legally binding on Conservancy. The Parties agree that all

money, and the fair market value of all property, deposited in the

Project Fund be reported as the income of Conservancy, for both tax

purposes and for purposes of Conservancy's financial statements. It

is the intent of the Parties that this Agreement be interpreted to

provide Conservancy with variance powers necessary to enable Conservancy

to treat the Project Fund as Conservancy's asset in accordance with

Financial Accounting Statement No. 136 issued by the Financial Accounting

\item \textbf{Project Fund Management / Performance of Charitable Purposes}.

\label{CharitablePurpose} All of the assets received by Conservancy

under the terms of this Agreement shall be devoted to the purposes

of the Project, within the tax-exempt purposes of Conservancy. The

\signatories agree not to use its funds or operate in any way which would

jeopardize the tax-exempt status of Conservancy. No item of revenue

shall be earmarked for use in any attempt to influence legislation

within the meaning of IRC Section 501(c)(3) and no agreement, oral

or written, to that effect shall be made between Conservancy and any

revenue source. Conservancy shall not use any portion of the assets

to participate or intervene in any political campaign on behalf or

in opposition to any candidate for public office, to induce or encourage

violations of law or public policy, to cause any private inurement

or improper private benefit to occur, nor to take any other action

\item \textbf{Representation of the Project in Conservancy}. \label{Representation}The

\signatories, each a signatory hereto, hereby establish and comprise

the initial members of the \leadershipbody

to represent the Project in its official communication with Conservancy.

The \signatories hereby acknowledge that the \leadershipbody

will be subject to all terms of this Agreement.

On the Effective Date, the \signatories hereby transfer all

rights, obligations and privileges of this Agreement over to the

\leadershipbody.

[FIXME: Note: The rest of this section should describe the way in which the

to communicate all Project decisions to Conservancy. The Representative

shall promptly inform Conservancy of changes in the Committee composition

and of contact information for all Members. If Conservancy is unable,

after all reasonable efforts, to contact a majority of the Members

for a period of sixty (60) days, or if the number of Members is fewer

than the Minimum for a period of at least sixty days, Conservancy

may, after at least thirty days notice to Project, unilaterally appoint

new Members from the Project community to replace any unreachable

Members and/or to increase the Committee composition to the required

Minimum.

\item \textbf{An Elected Oversight Committee.} The \signatories, each

represent the Project in its official communication with Conservancy.  The

Committee shall hereafter be elected by community members of the Project as

have the authority to instruct Conservancy on the Project's behalf on all

unreasonably withheld.

\end{itemize}

Note again that the above are merely examples, not a list of options.

Conservancy's goal is to draft the Representation section to match

the existing and natural leadership structure of the Project, so each

project usually has a uniquely worded Representation section. ]

\item \textbf{Outstanding Liabilities}. The \signatories represent

that any liabilities that may be outstanding in connection with the

\item \textbf{Termination}. \label{Termination} The \leadershipbody or Conservancy

may terminate this Agreement at any time subject to the following

understandings:

\begin{enumerate}[label=\alph*.,ref=\theenumi(\arabic*)]

\item \textbf{Notice and Successor Search}. Either Conservancy or the \leadershipbody

may terminate this Agreement on sixty (60) days' written notice (``the Notice Period'') to

the other Party, so long as a Successor can be found that meets the

following requirements (the ``Successor has Qualified''):

    \begin{enumerate}[label=\roman*.,ref=\theenumi(\alph{enumii})(\roman*)]

\item the Successor is another nonprofit corporation which is tax-exempt

\item the Successor is not classified as a private foundation under Section

\item the Successor has (a) communicated its willingness to sponsor the

\item the Successor is approved in writing by both Parties by the end of

\end{enumerate}

\item \textbf{Additional Search Periods}. If the Parties cannot agree on

a Successor to sponsor the Project, the \leadershipbody

shall have an additional 60 days to find a Successor willing and able

to sponsor the Project. Any subsequent search periods of any length

\item \textbf{Transfer to a Successor}. If a Successor has Qualified, the balance

of assets in the Project Fund, together with any other assets held

or liabilities incurred by Conservancy in connection with the

Project, shall be transferred to the Successor within thirty (30)

days of the approval of the Successor in writing by both Parties or

any extension thereof, subject to the approval of any third parties

that may be required.

\item \textbf{Termination Without a Successor}. If no Successor is found,

Conservancy may dispose of Project assets and liabilities

in any manner consistent with applicable tax and charitable trust

The \signatories hereby acknowledge that they will relinquish any

       rights to terminate separate from the \leadershipbody as

       of the Effective Date.

\end{enumerate}

\item \textbf{Miscellaneous}. Each provision of this Agreement shall be

separately enforceable, and the invalidity of one provision shall

not affect the validity or enforceability of any other provision.

This Agreement shall be interpreted and construed in accordance with

the laws of the State of New York. This Agreement constitutes the

only agreement, and supersedes all prior agreements and understandings,

both written and oral, among the Parties with respect to the subject

\item \textbf{Amendments. }This Agreement may not be amended or modified,

\item \textbf{Counterparts / Facsimile}. This Agreement may be executed

in two or more counterparts, each of which shall constitute an original,

but all of which, when together, shall constitute but one and the

same instrument, and shall become effective when one or more counterparts

have been signed by each Party hereto and delivered to the other Party.

In lieu of the original, a facsimile transmission or copy of the original

\end{enumerate}

\vfill{}

\textsc{In witness whereof}, the Parties have executed this Fiscal

Sponsorship Agreement effective on the FIXME day of FIXME, FIXME (the

``Effective Date'').

\vspace{3em}

\signature{Software Freedom Conservancy, Inc.}{Bradley M. Kuhn}{Title: President}

  there are other options around the globe as well.  Prospective member

  projects should carefully consider what type of structure is right for

  them.</p>

<p>For our part, Conservancy seeks projects that dedicate themselves to the

  advancement of software freedom and focus their projects on the rights of

  users to copy, share, modify and improve their software.  Being a FOSS

  project under an OSI-approved and DFSG-free license is mandatory, but not

  the only criteria.  Given the many options available for fiscal

  sponsorship, we are selective and often refer projects to other fiscal

  sponsors that are a better fit.  Nevertheless, we encourage projects to

  that need a non-profit home to apply to many fiscal sponsors.

<p>Conservancy's Evaluation Committee considers applications on a rolling

  basis.  Conservancy generally has dozens of projects in various stages of

  the application process.  We do not move rapidly to accept new projects, as

  we have found that consideration of joining or forming a non-profit