[openssl-dev] We're working on license changes

[Steve Marquess]

On 08/04/2015 04:02 PM, Brian Smith wrote:
> ...
> 
> 
> The OpenSSL website says[1] "the OpenSSL Software Foundation (OSF) is
> incorporated in the United States as a regular for-profit corporation,"
> and the proposed CLA[2] is an agreement between the contributor and that
> for-profit corporation.

I'm going to jump in here with some headache-inducing detail.

In The Beginning there was one legal entity called "OSF". It handled
everything legal/financial for the OpenSSL project, from commercial
consulting to donations.

Then with the rapid expansion of the project post-Heartbleed, and the
receipt of some meaningful levels of funding for the first time ever, we
began the arduous process of migrating to a new corporate structure, or
structures plural. One new entity, OpenSSL Software Services Inc., has
taken over almost all commercial and quasi-commercial activities.
Another new entity, OpenSSL Software Foundation Inc., a non-profit
Delaware corporation, has taken over all the non-commercial functions of
representing the OpenSSL foundation (such as holding CLAs). We've
deliberately and clearly delineated and separated those different functions.

The original legal entity, a Maryland corporation still called OpenSSL
Software Foundation, Inc., still exists but has been reduced to handling
only FIPS 140-2 related work, and not much of that. The original
intention was to rename it (to OpenSSL Validation Services, Inc.), but
renaming a corporation is almost as much hassle and paperwork as
starting one, and it appears there may be a significant chance that this
original legal entity may be shutting down entirely. For that reason
I've stalled on the formal name change (which become easier as ever
fewer active contractual agreements are in place). If it isn't
completely gone by the end of this year it will be renamed.

All contemporary references you see to the OpenSSL Software Foundation
are for the new non-profit Delaware entity. As Rich has noted we do need
to change mentions of the original entity, now confined to FIPS related
activities only.

-Steve M.

-- 
Steve Marquess
OpenSSL Software Foundation, Inc.
1829 Mount Ephraim Road
Adamstown, MD  21710
USA
+1 877 673 6775 s/b
+1 301 874 2571 direct
marquess at opensslfoundation.com
marquess at openssl.com
gpg/pgp key: http://openssl.com/docs/0x6D1892F5.asc