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Author Topic: CiviCRM / CiviCRM LLC Commercial Ownership  (Read 3886 times)

sonicthoughts

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CiviCRM / CiviCRM LLC Commercial Ownership
March 26, 2012, 02:25:19 pm
Sorry to raise this again in light of all the amazing contributions the core team has made to the community, but basically the client who was inquiring about CiviCRM Ownership (see http://forum.civicrm.org/index.php/topic,12958.msg55652.html#msg55652) has come back to evaluate civicrm.  Their organization is highly motivated to use open-source, non-commercial software (even though it's free!)  From what I can tell in Lobo's response to this and a similar post http://forum.civicrm.org/index.php/topic,18736.msg77965.html#msg77965, ownership of CiviCRM source code is still CiviCRM LLC which is a commercial entity but you are planning to migrate to the Free Software Association or similar non-profit entity. 

I'm sure you have plenty on your plate, but wonder if there has been any progress in moving a non-profit migration forward? There are several reasons for this need that I can't go into.

I don't know it these guys will make the move, but IMHO migrating to a non-profit model could increase civi adoption and financial support. It's a very powerful proposition for a company to spend money on software development and get a tax break! 


Donald Lobo

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Re: CiviCRM / CiviCRM LLC Commercial Ownership
March 26, 2012, 08:27:14 pm

Sorry, we've not had the time, energy or resources to make any progress with this. Hopefully this year will be a bit less hectic

We can accept major donations for CiviCRM via a couple of other partner organizations

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Re: CiviCRM / CiviCRM LLC Commercial Ownership
May 10, 2012, 07:39:32 am
If part of the lack of movement on this is a lack of financial resources (to pay for legal time for example) then couldn't funds be raised in a similar manner to other parts of CiviCRM development? Would the FSF themselves be able to help?

Given that the fear of CiviCRM 'doing an Oracle' is always going to be there until this is sorted out it seems to me it should maybe be a higher priority.

I'm currently trying to push CiviCRM as the new 'CRM solution' for my organisation and our partners and part of that is my emphasising of Civi's Free Software/Open Source credentials, which are of course really strong at the moment. And, although personal embarrassment isn't perhaps the greatest driver in all this, I'd certainly look a right fool if we went with CiviCRM (which is by no means certain yet unfortunately) and then further down the line the code began to get closed off for commercial reasons!

(All rather 'political' for my first post to the CiviCRM forum, but that's the Stallman influence I'm afraid...)

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Re: CiviCRM / CiviCRM LLC Commercial Ownership
May 10, 2012, 09:19:38 am
Hi,

Could you fund (part of) the legal work needed for that?

Otherwise, you are aware that civi is one of the "blessed top priority" projects from the FSF and they are using it for their need as well? They have spend a awful lot of time to be sure all the licencing is ok... and that agpl3 is a licence they support and think is good enough. If they are willing to "take the risk", I feel pretty confident that it's "free software enough".

Knowing lobo dgg & co, I strongly doubt they have any intention to go all Oracle on civi, but even if they sell civicrm llc to another org that wants to try something like that, the community is big enough to pull a jenkin/libreoffice/mariadb. Given that it's agpl3 instead of gpl2, that will even be easier to force whomever to release the "premium code" they'd want to sell.

We'll discuss endlessly about what's the new name, fork and call it a day.

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sonicthoughts

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Re: CiviCRM / CiviCRM LLC Commercial Ownership
May 10, 2012, 10:09:48 am
I did lose a client over this issue.

Xavier, I understand that looking at the history and character of the CiviCRM license owners is important and personally hold Lobo and David in the highest esteem (The whole Civi team are a bunch of ROCK STARS!) , however the bottom line is that license ownership is a big deal and it is held in a for profit, commercial LLC.  This will definitely put off some people who want their code and financial contributions to be made exclusively to a non-profit entity.  A fork under a different name is possible, but it's a risk to the viability of the product (so many open source projects have gone bad due to this.) and let's face it, everyone would lose.

Personally, I think the SugarCRM approach (with a very different business model) would be a positive thing for Civi, but it would definitely put off others.   The CiviCRM license has to be worth millions of dollars at this point (If it were mine, I certainly wouldn't give it up easily) so I can certainly understand hesitation but clarity on this topic would go a long way for some.

If the legal costs are the issue, how about a MIH to put transfer to the FSF?

Whichever way they go, kudos for the amazing contributions of so many folks to this wonderful project!

xavier

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Re: CiviCRM / CiviCRM LLC Commercial Ownership
May 10, 2012, 11:36:19 pm
Quote from: sonicthoughts on May 10, 2012, 10:09:48 am
I did lose a client over this issue.

Then you have lost one that is more sensitive about licensing & free software than the FSF!

Quote from: sonicthoughts
Xavier, I understand that looking at the history and character of the CiviCRM license owners
is important and personally hold Lobo and David in the highest esteem (The whole Civi team are a bunch of ROCK STARS!) , however the bottom line is that license ownership is a big deal and it is held in a for profit, commercial LLC. 
They don't own the licence, only the copyright. The licence allows everyone to use and modify and share bla, and forbid anyone, including the copyright owner, to stop anyone doing it.

Quote
This will definitely put off some people who want their code and financial contributions to be made exclusively to a non-profit entity.
So far, we have either assigned the copyright code to civicrm, or kept the copyright and Licensed to CiviCRM under the Academic Free License version 3.0.

As for the donation, you don't have to give to the llc, they are non-profit in the community that can do the work.

Might be easier to discuss it with a concrete example of a sizeable contribution, we are a bit bikeshedding here ;)

Quote
  A fork under a different name is possible, but it's a risk to the viability of the product (so many open source projects have gone bad due to this.) and let's face it, everyone would lose.

Sure it would be a tough time and we'd all rather avoid it. However, the lastest examples (libreoffice/jenkins/mariadb) seem quite successful.

Quote
If the legal costs are the issue, how about a MIH to put transfer to the FSF?

I'm not sure the FSF would be even interested in the first place, and not sure either that it would be a better solution than a separate foundation in the Netherlands or something.

Point is, they are plenty of options, and that's a complicated analysis and a long and important discussion to have, and so far, the existing solution is good enough given who runs the llc and how it has been taking care of the project & that the community have considered more important to work on for the project.

As for the transfer, lobo's latest position:

Quote
The migration has not yet taken place, but migrating the copyright to an entity is definitely still on the plate. Its just not super high on the priority list currently (more due to time considerations than anything else).

And right now, we are days before code freeze for 4.2 that will include a lot of really nice improvements... but that tend to keep everyone busy enough with code & tests...

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« Last Edit: May 10, 2012, 11:58:36 pm by xavier »
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