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by aduffy 279 days ago
Believe it or not, this is how the Linux Foundation organizes itself. It's more legwork than something simpler like Apache Foundation.

Basically in the US you need a legally recognized entity to hold intellectual property. "Donating" the project involves setting up a "Series LLC" that is nested underneath the top-level Linux Foundation corporation, and donating the IP into it.

Checkout https://docs.linuxfoundation.org/lfx/project-control-center/... and ctrl-f "LF Projects, LLC"

1 comments

Oh, thanks for pointing that out. I got it all mixed up.

But I think my argument still stands. Linux foundation is a 501(c)(6) nonprofit, see https://www.linuxfoundation.org/legal/bylaws

So you might still be able to do an "intellectual property transfer" to them and use it as a tax write-off. The "LF Projects LLC" is then the new owner, only the operating company who has the ongoing hosting contracts for the websites.

Edit: Not sure if a donation to 501(c)(6) can be used as write-off without using some other legal loopholes. Quick AI search told me that only 501(c)(3) can do the donation tax write-off thing.

I'm sure there are some good tax lawyers behind this, who am I to understand it as a mere mortal I am just jealous.

We don't get a tax write-off.

The motivation is to move the IP and trademark into a separate organization so it's no longer owned by Spiral. This means we can't re-license it later, we'd have to fork it, because the Vortex trademark and all that is controlled by LF.

Thanks for explaining it. All the best.