First of all, I want to emphasize that this is my personal opinion and does not represent the GNOME Foundation or any other organization. I am not involved in the actions mentioned, but I would like to offer an overview of the dynamics surrounding foundations and other legal entities. I will not go into the specific details of the event I am talking about, but for complete context, I refer you to the words of Robert McQueen, the president of the GNOME Foundation, which you can find here.
I have long wanted to address this topic, but have always found it difficult to do so given the infinite interpretations a text can have and the sensitivity of the subject. However, recent events have prompted me to make up my mind. The goal of this paper is to offer you an understanding of the legal and policy issues that affect most open source efforts and the legal entities that support them.
When we think of open source organizations, we often envision them as open and participatory structures. However, they are also legal entities with well-defined duties. This dual role presents challenges of which we are not always aware.
The common perception is that every community member has direct control over a foundation, but the reality is more complex. For example, transparency must be balanced with privacy. The community has a right to transparency, but there are rules that require confidentiality in some cases to avoid disputes and protect the rights of all parties involved. This is in favor of both the foundation and the community itself.
A key element in this context is the code of conduct, a set of guidelines designed to maintain a respectful and inclusive environment. The code of conduct defines what is considered acceptable behavior and what is not, helping to prevent conflict and ensure that all community members can contribute in a safe and productive environment.
To ensure that the code of conduct is adhered to, there is the Code of Conduct Committee (CoCC). But why does a CoCC exist? The CoCC ensures that interactions are ethical and respectful by intervening impartially when violations are reported. It operates confidentially to protect those who report and those who are reported, as well as protecting the organization from legal liability. Although it may seem contrary to transparency, this approach makes people feel safe in making reports and handles situations with discretion and professionalism.
Consider the event mentioned at the beginning, namely the expulsion of a board member. This is a separate procedure with its own legal process. Although the community would like more details, information is limited to avoid legal risks and protect the parties involved. Decisions must be made in the best interest of all.
Another essential point is the need for clear rules. All community opinions are respectable, but without clear rules, it would be impossible to function effectively. Laws and regulations provide a clear structure for making decisions, ensuring fairness and uniformity. This is vital to maintain consistency and effectiveness in the organization.
But why do these foundations exist as legal entities? It is not just a technical question; it is essential to manage funding, royalties, and accountability. The foundation can borrow, hold funds, and pursue project goals within a legal framework that protects collaborators and beneficiaries. Without this legal framework, it would be difficult to ensure the long-term sustainability and effectiveness of the project. The organization must manage intellectual property and address legal issues in a professional and legally compliant manner.
Open source organizations also often operate in contexts with high compliance and governance requirements. This is only possible through a legal structure. Take, for example, Vanilla OS, an open source project managed and funded by fabricators.ltd, a company and therefore not a foundation, but which itself has similar legal and policy responsibilities to the GNOME Foundation. Vanilla OS management must balance community needs with corporate and legal requirements to ensure stable and sustainable growth.
Another important issue is fundraising in an open and responsible manner, which includes donations, sponsorships, and other funding. A legal entity helps manage these according to tax and financial laws, ensuring that the money is handled properly and that donors can trust the process. The legal and organizational structure is therefore critical to the long-term sustainability of open source projects. Without it, it would be difficult to ensure the quality, security, and reliability of the software developed. This does not mean that the voice of the community is irrelevant; the legal framework allows the needs and opinions of the community to be conveyed in a sustainable and respectful manner.
Thank you for reading this reflection of mine. I hope I have provided some clarity on a complex and important topic.