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The Case for Code4Lib 501c(3)

This article discusses the potential options for the organizational structure and growth of the Code4Lib community, including 501c3 non-profit, private corporation, and other alternatives. It highlights the benefits and drawbacks of each option and raises fundamental questions about the direction and decision-making process of Code4Lib.

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The Case for Code4Lib 501c(3)

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  1. The Case for Code4Lib 501c(3) Roy Tennant

  2. The Future of Code4Lib Roy Tennant

  3. Caveats • I’m not the one in charge • Others know more about some of these options than I (you know who you are) • I remain personally undecided

  4. Why I’m Even Talking About This • code4lib is now a well-established community, with a recognizable brand • Libraries need imaginative leadership • Many libraries are ready to try alternatives to commercial software if they are proven to be robust and supported • You all may be our last, best hope

  5. What code4lib Has Been • A mailing list • A chat room • A conference • A way of life

  6. What code4lib Could Be • Everything it already is (i.e., a community): • Mailing list • Chatroom • Conference • A library software “skunkworks” • Fee-based support service for open source applications • An employer • Add your idea here

  7. The Fundamental Questions • What is code4lib? • What do we want it to be? • Who decides? And how?

  8. Options • 501c3 Non-profit • Private Corporation • Still Other Options • Status quo

  9. 501c3: What Is It? • A tax exempt non-profit corporation: • Assets must be dedicated to charitable purposes • Social activities must be insubstantial • Absolute prohibition on political activity • Donations are deductible • Eligible for low cost bulk mailing permit • Must generate enough public support to avoid classification as a private foundation

  10. 501c3: Benefits • Tax exempt • Able to receive grants • Able to receive tax-deductible donations • Protection from personal liability • Eligible for low-cost bulk mail permit

  11. 501c3: Drawbacks • Enough paperwork to choke a horse • Regular reporting requirements • No one can get rich

  12. Private Corporation: What Is It? • An organization legally incorporated for the purpose of making a profit • An independent legal entity, separate from the people who own, control, and manage it

  13. Private Corporation: Benefits • People could potentially get rich • More flexibility than a 501c3 • Limited personal liability • Can acquire capital through issuing stock

  14. Private Corporation: Drawbacks • Officers can be personally liable in certain circumstances • Can’t receive grants • No donations, only investments • Under the gun to turn a profit • Would fundamentally change the nature of the code4lib community

  15. Still Other Options • Cooperative • Partnerships • Limited Liability companies or partnerships of various kinds • Joining up with ResCarta or some other existing 501c3

  16. Status Quo: Benefits • Don’t need to do nuthin’! • Can remain informal and ad hoc while not shutting out any future changes

  17. Status Quo: Drawbacks • Cannot receive grants • Donations not tax-deductible • No clear way to organize around common goals • No opportunity to get rich

  18. What Next? • Possibly nothing • Continued discussion (breakout session?) • Eventual requirements for going forward: • Consensus about direction (see fundamental questions) • Individuals willing to take responsibility for moving forward

  19. The Fundamental Questions • What is code4lib? • What do we want it to be? • Who decides? And how?

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