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Date:      Thu, 19 Apr 2001 20:52:12 -0600
From:      Brett Glass <brett@lariat.org>
To:        "Thomas M. Sommers" <tms2@mail.ptd.net>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Stallman now claims authorship of Linux
Message-ID:  <4.3.2.7.2.20010419204731.00cfb800@localhost>
In-Reply-To: <3ADF97F6.6128552F@mail.ptd.net>
References:  <4.3.2.7.2.20010418003011.045ef3b0@localhost> <4.3.2.7.2.20010418064119.04710720@localhost> <4.3.2.7.2.20010418215113.04440410@localhost>

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At 07:59 PM 4/19/2001, Thomas M. Sommers wrote:

>> They're not selling the software; they're selling copies of it.
>
>A distinction without a difference for purposes of the present
>discussion.

Actually, it's quite important. It's the difference between the
thing and the thing contained, as Thurber once said.

>  The create software, and sell (copies of) it.  Sounds
>related to me.

No, they don't create software. Others create the software. Their
main function is propaganda -- as well as hoarding software that
others have created.

>> And, yes, it is unrelated business income. The "business" of a charity
>> is not to sell things but to help those in need. The FSF does not
>> target its efforts at the needy 
>
>26 USC 501(c)(3) is not limited to charitable organizations.

When the FSF applied for its 501(c)(3), it stated that it was a charity.
The IRS considers a charity to be an organization whose efforts are
targeted at those in need. I've formed nonprofits and have dealt with
the IRS on this.

>26 USC 501(b), entitled "Tax on unrelated business income and certain
>other activities", reads:
>
>"An organization exempt from taxation under subsection (a) shall be
>subject to tax to the extent provided in parts II, III, and VI of this
>subchapter, but (notwithstanding parts II, III, and VI of this
>subchapter) shall be considered an organization exempt from income taxes
>for the purpose of any law which refers to organizations exempt from
>income taxes."
>
>No mention of any limits on income there; 

Again, the IRS has rules -- many of which interpret the law -- that you
are apparently not aware of. Again, read Publication 557.

--Brett


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