Since the sustainability of open source is a hot topic due to the xz debacle, and so many people keep suggesting asking for donations, I feel I need to post this. I'm not involved with xz, but like it's maintainer, I live in Finland.
Since the sustainability of open source is a hot topic due to the xz debacle, and so many people keep suggesting asking for donations, I feel I need to post this. I'm not involved with xz, but like it's maintainer, I live in Finland. 22 comments
@liw AFAIK it was created during 90s economic downturn (or was it the earlier one?) to combat fraudulent money gathering scams that ruined quite a many lives. So it is remnant from times when freelancing and other solo working options weren't really a thing. Should have been removed from law a long time ago. @orva @liw At least since 1980: https://www.finlex.fi/fi/laki/ajantasa/kumotut/1980/19800590, and that one replaced a previous law from 1939 that I cannot find online. Pre-EU Finland used to be a pretty paternalistic place. The upside is that Wikipedia stopped showing the donation-drive ads in Finland. As a Finnish open source developer, this means that in practice, I can't ask for donations, whether directly, or via GitHub Sponsors or Patreon, or even an offshore organization that does the asking for you, is not an option. The risk is too real. I also don't accept donations, to make the situation absolutely clear. I am, however, willing to be paid for actual work I do. I can invoice via my own company. (end) @liw So... If someone told some finnish open source maintainer to bill them for one month of maintenance work on libwhatever, that would totally not be accepting a donation by that maintainer? @wonka I am not a legal expert, but if the work is real, and the compensation is justifiable, it should be OK. If the work doesn't actually happen, or the compensation is wildly too big, it can get tricky. @liw I just sat in court hearing the public prosecutor's arguments about lying by omission when asking for said prior permission. Every time I'm in court the amount of tortured logic the prosecutor goes to exceeds all expectations. |
In Finland, appealing to the public for donations requires prior permission from the police. Getting the permission is not automatic. Selling stuff far beyond a reasonable valuation counts as asking for donations. Even just saying that you accept donations can get you sued. It doesn't matter if you do it as a private person, as a company, or as a non-profit.
https://en.wikipedia.org/wiki/Money_Collection_Act