Archive of UserLand's first discussion group, started October 5, 1998.

Re: The FSF is predatory and is not a charity

Author:Brett Glass
Posted:8/28/2000; 5:14:24 PM
Topic:Next survey: Are you an open source developer?
Msg #:20402 (In response to 20385)
Prev/Next:20401 / 20403

As founder of several nonprofits, I know the rules in great detail. The IRS does not consider an activity "charitable" unless it targets those in need -- which makes sense. That's what a charity is. What's more, a 501(c)(3) may not compete directly with private enterprise except for the purpose of fund-raising, and the money raised in this way is considered "unrelated business income" and is taxed. If it amounts to more than 50% of the organization's income, it can't remain a 501(c)(3) non-profit. The FSF states on its Web page that "most" of its income comes from sales of CDs and T-shirts. Therefore, it is not a legitimate non-profit. It is, in fact, a scam; its entire purpose is to deceive and destroy.

[Users of the GPL] hoped that in exchange for offering their source to other developers, other developers would offer the source of derivative works to them. If a court retroactively steps in and says that arrangement is invalid, then the court is confiscating the intellectual property that used to belong to the GCC developers.

Not so. The developers forfeited any possible proceeds they might have gotten from the work by reducing its market value to zero. They've already thrown it away. The court would merely be rebuffing their attempts to hurt others.

How will those developers be compensated, if not by access to other developers' derivative works?

They are attempting to hurt those other developers and destroy their livelihoods. They deserve to be penalized, not compensated.

--Brett Glass

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