Some questions about "becoming member of SPI"

Hi all.

It took a while, but we (the MadWifi project) are getting closer to a
decision about how to go to incorporate as non-profit organisation
(references are [1], [2] and [3]). As things stand now we most probably
would like to apply for SPI membership.

However, there are some questions left:

So far, the MadWifi project is not more than a loosely organised bunch of
developers who work on the same piece of software. As far as I understood
it's necessary to get some paperwork done to become SPI member. But who
exactly is entitled (or required) to sign this paperwork? One of the
developers? Some of them? Or even all?

Which obligations and/or liabilities will result out of this paperwork for
those (personally) who sign it? When and how can each signee lay off these
obligations/liabilities, and which consequences would that have on the
"continuance" of the membership and thus the non-profit status of our
project?

Usually non-profits want (and/or need) some kind of charter that deals
with stuff such as "which goals do we have", "who can become a member and
how", "who is allowed to vote and who is not", and so on. Are there any
"defaults" that apply to any member of the SPI (and which each member can
then "override" with their own charter)? If not, at which point are we
required to come up with a charter, and would you provide some kind of
councelling for that task?

Bye, Mike

[1] http://lists.spi-inc.org/pipermail/spi-general/2007-September/002413.html
[2] http://thread.gmane.org/gmane.linux.drivers.madwifi.devel/5188
[3] http://thread.gmane.org/gmane.linux.drivers.madwifi.devel/5325/focus=5408

"Michael Renzmann" <mrenzmann(at)madwifi(dot)org> wrote: [...]
> So far, the MadWifi project is not more than a loosely organised bunch of
> developers who work on the same piece of software. As far as I understood
> it's necessary to get some paperwork done to become SPI member. But who
> exactly is entitled (or required) to sign this paperwork? One of the
> developers? Some of them? Or even all?

Individual developers become SPI members. Apply online at
https://members.spi-inc.org/
Only the applicant themselves may sign.

I think maybe this is being confused with MadWifi becoming an
associate project of SPI. As I understand it, supporting a project is
a unilateral decision of SPI (but not one that would usually happen
without the project's support) and the vote should state who/what SPI
recognises as the decision-makers of that project, as in
http://www.spi-inc.org/corporate/resolutions/2007-06-18-iwj.2.html
which references the most recent Associated Project Framework
http://www.spi-inc.org/corporate/resolutions/2004-08-10-iwj.1

> Which obligations and/or liabilities will result out of this paperwork for
> those (personally) who sign it? When and how can each signee lay off these
> obligations/liabilities, and which consequences would that have on the
> "continuance" of the membership and thus the non-profit status of our
> project?

I think the project will not be a non-profit itself, if all it does is
associate with SPI. That may or may not matter to you.

> Usually non-profits want (and/or need) some kind of charter that deals
> with stuff such as "which goals do we have", "who can become a member and
> how", "who is allowed to vote and who is not", and so on. Are there any
> "defaults" that apply to any member of the SPI (and which each member can
> then "override" with their own charter)?

SPI's charter is pretty much http://www.spi-inc.org/corporate/by-laws

> If not, at which point are we
> required to come up with a charter, and would you provide some kind of
> councelling for that task?

"SPI takes the view that the political and technical decision making
for a Project is a matter for the people who participate in it.
Accordingly, SPI does not normally control or manage Projects."
http://www.spi-inc.org/corporate/resolutions/2004-08-10-iwj.1

Which I take to mean that you're not required to. However, I'm sure
there's lots of informal counsel available if a project thought it was
a good idea ;-)

I'm just an active member of SPI for 3+ years, not board or anything.
Any or all of the above could be wrong, but I don't think it is. I'd
welcome corrections from anyone better qualified.

Hope that helps,
--
MJ Ray http://mjr.towers.org.uk/email.html tel:+44-844-4437-237 -
Webmaster-developer, statistician, sysadmin, online shop builder,
consumer and workers co-operative member http://www.ttllp.co.uk/ -
Writing on koha, debian, sat TV, Kewstoke http://mjr.towers.org.uk/

Michael Renzmann wrote:
> Hi all.
>
> It took a while, but we (the MadWifi project) are getting closer to a
> decision about how to go to incorporate as non-profit organisation
> (references are [1], [2] and [3]). As things stand now we most probably
> would like to apply for SPI membership.
>
> However, there are some questions left:
>
> So far, the MadWifi project is not more than a loosely organised bunch of
> developers who work on the same piece of software.

You mean you are an open source project? ;)

> As far as I understood
> it's necessary to get some paperwork done to become SPI member. But who
> exactly is entitled (or required) to sign this paperwork? One of the
> developers? Some of them? Or even all?

Well not so much paperwork (in the traditional sense) but your community
does need to pick someone who is the Liaison to SPI. PostgreSQL did this
via an email vote.

Here is an unofficial HOWTO:

http://www.spi-inc.org/treasurer/associated-project-howto.html

Which I think answered most of your questions here.

Sincerely,

Joshua D. Drake

>
> Which obligations and/or liabilities will result out of this paperwork for
> those (personally) who sign it? When and how can each signee lay off these
> obligations/liabilities, and which consequences would that have on the
> "continuance" of the membership and thus the non-profit status of our
> project?
>
> Usually non-profits want (and/or need) some kind of charter that deals
> with stuff such as "which goals do we have", "who can become a member and
> how", "who is allowed to vote and who is not", and so on. Are there any
> "defaults" that apply to any member of the SPI (and which each member can
> then "override" with their own charter)? If not, at which point are we
> required to come up with a charter, and would you provide some kind of
> councelling for that task?
>
> Bye, Mike
>
> [1] http://lists.spi-inc.org/pipermail/spi-general/2007-September/002413.html
> [2] http://thread.gmane.org/gmane.linux.drivers.madwifi.devel/5188
> [3] http://thread.gmane.org/gmane.linux.drivers.madwifi.devel/5325/focus=5408
> _______________________________________________
> Spi-general mailing list
> Spi-general(at)lists(dot)spi-inc(dot)org
> http://lists.spi-inc.org/listinfo/spi-general

Hi.

Thanks for the replies so far.

> You mean you are an open source project? ;)

Yeah :)

> Here is an unofficial HOWTO:
> http://www.spi-inc.org/treasurer/associated-project-howto.html
> Which I think answered most of your questions here.

It did, as well as the hints from MJ Ray. However, I forgot one question
in my previous mail:

Will it be possible (as in: allowed) to donate a certain amount of donated
money to other non-profits, such as the SFLC?

See [1] for details on the background of this question

Bye, Mike

[1] http://article.gmane.org/gmane.linux.drivers.madwifi.devel/5400

"Michael Renzmann" <mrenzmann(at)madwifi(dot)org> wrote:
> Will it be possible (as in: allowed) to donate a certain amount of donated
> money to other non-profits, such as the SFLC?
> [1] http://article.gmane.org/gmane.linux.drivers.madwifi.devel/5400

I think so, if SFLC is 501(c)(3) too, which
http://www.softwarefreedom.org/donate/
suggests it is (hey, nice clean donation page, shame about the services).
Can anyone find anything at
http://www.irs.gov/charities/charitable/index.html
or http://www.ny.gov/ -> State Laws -> NPC
that prevents it? (Unless SFLC is a major donor to SPI.)

Regards,
--
MJ Ray http://mjr.towers.org.uk/email.html tel:+44-844-4437-237 -
Webmaster-developer, statistician, sysadmin, online shop builder,
consumer and workers co-operative member http://www.ttllp.co.uk/ -
Writing on koha, debian, sat TV, Kewstoke http://mjr.towers.org.uk/

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On Fri, 23 Nov 2007 10:32:11 +0000
MJ Ray <mjr(at)phonecoop(dot)coop> wrote:

> "Michael Renzmann" <mrenzmann(at)madwifi(dot)org> wrote:
> > Will it be possible (as in: allowed) to donate a certain amount of
> > donated money to other non-profits, such as the SFLC?
> > [1] http://article.gmane.org/gmane.linux.drivers.madwifi.devel/5400
>
> I think so, if SFLC is 501(c)(3) too, which
> http://www.softwarefreedom.org/donate/
> suggests it is (hey, nice clean donation page, shame about the
> services). Can anyone find anything at
> http://www.irs.gov/charities/charitable/index.html
> or http://www.ny.gov/ -> State Laws -> NPC
> that prevents it? (Unless SFLC is a major donor to SPI.)

It would be difficult (technologically) to do it automatically. However
based on the way the SPI is designed, if you want us to cut money to
another entity then you have your liaison tell us to cut money to
another entity.

I also know of nothing that would stop us from sending money to another
501c3.

Sincerely,

Joshua D. Drake

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JD,

> I also know of nothing that would stop us from sending money to another
> 501c3.

Well, we can't if the other 501(c)3 isn't in line with our mission
statement, or if it's a violation of a donor-given designation. So two
examples of things which would be prohibited:

-- giving money to a religious non-profit which had nothing to do with
software or any SPI-funded event

-- taking money someone had donated to Gallery and giving it to the SFLC
without endorsement by the Gallery staff

The idea is that we have to honor the explicitly stated, or implied (by
virtue of the mission statement) intention of the donor when they gave
money to us. Of course, the SFLC is 100% in line with our mission.

--
--Josh

Josh Berkus
Board Member
Software in the Public Interest, Inc.
josh(at)spi-inc(dot)org