Michael Sierchio wrote:
 Forgive my ignorance, but are you a 501(c)3?  Can you communicate
 that in a signature line so it's obvious?

The OpenSSL Software Foundation (OSF) is *not* a non-profit corporation. It was created for the purpose of supporting the commercial activities of OpenSSL team members (some of whom earn all their income from OpenSSL related consulting work).

We did consider the benefits of non-profit status, but after legal consultation concluded that those benefits were nil in our specific circumstances. Achieving non-profit status under the U.S. tax code takes a long time, is expensive, and involves restrictions on the activities of the non-profit entity. Our primary focus is providing paid services to the commercial software industry and not the solicitation of charitable contributions from the world at large. We believe that via the OSF we provide cost effective solutions to hard-nosed commercial enterprises, and non-profit status is irrelevant to such potential sponsors and customers (roughly speaking any expenses a for-profit corporation incurs are "tax deductible" by default). We don't expect nor are we soliciting contributions from individuals (I should note that if any charitable contributions are offered -- it happens very rarely -- the OSF will pass through 100% of any such donations directly to OpenSSL team members).

Commercial enterprises can support us, and at the same time realize good value for their investment, in one of three ways:

1) Hire OpenSSL team members on an hourly consulting basis
2) Contract with the OSF for specific work-for-hire development on a fixed price basis
3) Purchase annual software support contracts

All of these revenue sources indirectly support OpenSSL activities such as development of the FIPS module, but a support contract could be structured to do so directly and explicitly. Such customer(s) would then be assured that the validation would be available when needed and that it would be directly applicable to their intended use.

 Do you have a list of commercial vendors who use OpenSSL?  A list of
 companies that use it internally (that would be nearly everyone who
 uses Linux, UNIX, *BSD, etc.)?   That would be the basis of
 fundraising activity (I mean making phone calls, which is something
 nearly everyone can do).  $150,000 is not an intimidating amount for
 anyone who's done fundraising.

To my knowledge there are no companies of any significant size who do *not* use OpenSSL in some way -- including even some very large companies not thought to be much enamored of open source. Since we sign and respect non-disclosure agreements I not going to mention any names here, though I will note the commercial sponsors of past validations that wished to be so identified are referenced on the acknowledgments page of the respective Security Policy documents (some have elected to not be identified).

I think $150,000 is a cost effective investment for a number of software vendors to make to assure the continued availability of a validated OpenSSL FIPS Object Module for their commercial applications. For most such companies that cost is going to be less than that for switching to a non-OpenSSL alternative, even if only one such company has to foot the entire bill.

-Steve M.

--
Steve Marquess
The OpenSSL Software Foundation, Inc.
1829 Mount Ephraim Road
Adamstown, MD  21710
USA
+1 877-673-6775
marqu...@opensslfoundation.com

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