[Onboarding checklist] crowdfunding platform disclaimer

[tobie]

The onboarding checklist contains the following item:

If project is using crowdfunding platforms, add disclaimer to platforms.

1. If would be great to clarify whether the disclaimer is only necessary if the platform is used to request (and receive) funds, or if it is also necessary if the platform is only used to fund dependencies.
2. Either way, linking to a Foundation-vetted disclaimer would be great.

[ljharb]

I’m also led to believe that this requirement only applies to project-specific funding (as opposed to things like GitHub sponsors) and to mechanisms that provide a place for projects to include freeform text (unlike, say, tidelift)

[brianwarner]

This applies to any situation where the project is discussing crowdfunding (although it could apply in other places as well). The reason for the disclaimer is to ensure it's abundantly clear when funds are being collected and allocated by individuals who participate in the project, vs the project itself.

This is an active topic of discussion by the board, as they work to develop a comprehensive policy. For now, though, you could use the disclaimer which has been used by other projects on their OpenCollective page:

This Collective is run by and for the benefit of the independent contributors to the [projectname] open source software project. This Collective is not endorsed or administered by OpenJS Foundation, Inc. (the “OpenJS Foundation”), the OpenJS Foundation does not receive and has no control over any funds contributed, the OpenJS Foundation does not direct or otherwise supervise the actions of any contributor to the [projectname] project, and all donations made will be expended for the private benefit of or otherwise to reimburse individuals that do not have an employer/employee, contractor, or other agency relationship with the OpenJS Foundation. The [projectname] marks used herein are used under license from the OpenJS Foundation for the benefit of the open source software community.

[tobie]

AMP has been funding its open source dependencies for a couple of years now through its OpenCollective account, and would like to continue doing so.

I don't think the existing disclaimer fits with this model (a model which I'd love to see more projects adopt, btw, as it creates a much more sustainable ecosystem).

How can we make sure this is accounted for by the foundation? Is there anyway to participate to those board discussions or at the very lest bring our requirements to the board?

[mhdawson]

I think the discussion so far has been around projects receiving versus giving funding. @brianwarner we should make sure we discuss both in the upcoming board discussions.

[MylesBorins]

This is definitely an interesting thing to consider in the discussion. As michael mentioned we have entirely been focused on project receiving funds, not at all on project sharing funds. I guess one of the high level questions in the case of amp would be where are the funds coming from that are being donated... likely good to follow up privately about this first and work our way back to public discussion once we've figured out more details

[brianwarner]

This came up in a call today. I would like to have another chat with OpenJS Foundation legal counsel to figure out the right text to include here. I'll be back with an update.