[gentoo-nfp] Foundation status -- good and bad -- and suggested steps

[Daniel Robbins]

Hi All,

I know there has been a lot of concern about the state of the Foundation. I
have been concerned  (and confused) too. So I have done my own research and
wanted to share the results of my findings.

You can view the official status of the Foundation here:

https://portal.sos.state.nm.us/BFS/online/CorporationBusinessSearch/CorporationBusinessInformation

You will see that this list of trustees is current, the Foundation is
active and in good standing with the state of New Mexico. This is a very
good thing, because it is the state of New Mexico that grants the
Foundation its existence, after which the Foundation can apply for things
like Federal not-for-profit status. So the status that the Foundation has
with the state of New Mexico is actually the thing that is of the utmost
importance.

Regarding filings with the Federal government and financial reports, it
does appear that over the years the Foundation has not kept up with this
very well and this needs to be addressed. I have made my recommendation to
the trustees that they reach out to Eben Moglen at the Software Freedom Law
Center for assistance, as this is specifically the type of assistance that
they provide to free software projects. This does not require becoming a
sub-organization under the SFLC, or letting the SFLC 'run' the project. You
simply ask them for assistance, and they provide the assistance.

Eben and others at the SFLC have assisted Funtoo in the past and have been
very helpful and supportive. I am sure they will be happy to help Gentoo.

So, in summary, based on my research, the Foundation's existence is not in
question. The federal filings simply need to get done. There is no need for
the Foundation to be dissolved, nor is it necessary to move things under an
umbrella organization. The Foundation simply needs assistance to catch up
on the outstanding items that need to get done, and this is really not a
hard task, especially with the help of the SFLC. I think the task has been
a bit intimidating for those new to tax paperwork, and that has been why it
has progressed slowly in the past. All that needs to be done is to make a
request to the SFLC for assistance, and from my perspective this problem is
essentially taken care of.

Best,

Daniel