These are potential outlines/topics for a "Legal HOWTO"(?) or similar document to help OSS projects become more sustainable.
These are sorted roughly from things that are of particular concern to "sustainable" projects that may be experimenting more with revenue and people questions, to things that are of concern even to the most traditional, conservative OSS project. That said, none of these topics are exclusive to "sustainable" OSS projects - all are relevant for all OSS projects, merely to varying degrees.
Topics:
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Corporate structure
- non-profit v. for-profit v. B-corps v. coops v. ...
- boards; "good governance"/sustainable governance (if there is a difference?)
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Running (and selling?) services
- Support contracts/SaaS licensing more generally
- Other legal documents (terms of service, privacy politices, DMCA, etc.)
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Talking to a lawyer!
- When should you? eg
- How should you? (e.g., getting on the same page with your attorney about goals and risk tolerance)
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IP issues
- ownership: individuals? the organization? ...?
- trademarks (both yours and others)
- patents
- (c) licensing
- Copyright License Agreements and other forms of assigment
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Organizations
- boards: what are their legal responsibilities, distinct from "good governance"? eg, Wikimedia Board Handbook
- What is the relationship of staff to the board (and to volunteers?)
- Employment law around staff (or perhaps contributors if certain expenses are paid?)
- Fiscal sponsorships
- when are they a good idea?
- what options are there?
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Contributors
- what is the relationship of volunteers to the organization? (including, for example, can you give them legal advice? if so, when?)
- special considerations (if any) for underage contributors?
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Events
- Codes of Conduct/harassment issues
- Scholarships (including tax issues; cross-border payments)
- Insurance
- Obtaining space
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Other issues
- Crypto across borders
- Dealing with industry-specific rules and regulations (e.g., medical software)
- Privacy and contributor/donor information
- Taxes when there are donations or more commercial revenue