Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
SOFTWARE FREEDOM LAW CENTER INC
Employer identification number
41-2165986
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
No
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
No
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
No
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
1,749,829
1,350,642
1,609,007
1,413,778
1,071,158
7,194,414
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
4
Total. Add lines 1 through 3
1,749,829
1,350,642
1,609,007
1,413,778
1,071,158
7,194,414
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
5,289,476
6
Public support. Subtract line 5 from line 4.
1,904,938
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
1,749,829
1,350,642
1,609,007
1,413,778
1,071,158
7,194,414
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
2,684
1,949
3,494
106
18
8,251
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
0
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
0
11
Total support (Add lines 7 through 10).
7,202,665
12
Gross receipts from related activities, etc. (see instructions)
..................
12
697,122
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here........................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
26.448 %
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
27.022 %
16a
33 1/3% support test—2012.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2011.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
13
Total support. (Add lines 9, 10c, 11, and 12.)..
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2012.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2011.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
THE SOFTWARE FREEDOM LAW CENTER ("SFLC") QUALIFIES AS A PUBLICLY SUPPORTED CHARITY UNDER SECTIONS 170(B)(1)(A)(VI) AND 509(A)(1) OF THE INTERNAL REVENUE CODE. SFLC'S MISSION IS TO REPRESENT, PRO BONO PUBLICO, THOSE WHOSE RELATION TO FREE AND OPEN SOURCE SOFTWARE GENERATES NO REVENUE STREAM FROM WHICH TRADITIONAL LEGAL REPRESENTATION AND COUNSEL CAN BE PAID. SFLC SATISFIES THE DEFINITION OF AN ORGANIZATION REFERRED TO IN SECTION 170(C)(2)(B) OF THE CODE BECAUSE IT IS ORGANIZED AND OPERATED EXCLUSIVELY FOR THE CHARITABLE PURPOSE OF CARRYING OUT ITS MISSION. FURTHER, SFLC NORMALLY RECEIVES A SUBSTANTIAL PART OF ITS SUPPORT FROM DIRECT OR INDIRECT CONTRIBUTIONS FROM THE GENERAL PUBLIC UNDER THE REQUIREMENTS OF THE FACTS AND CIRCUMSTANCES TEST OF REG. SEC. 1.170A-9T(F)(3). AS SHOWN IN PART II, SECTION C, SFLC RECEIVED 26.45 PERCENT OF PUBLIC SUPPORT FOR 2012, AND HAS RECEIVED GREATER THAN TEN PERCENT PUBLIC SUPPORT FOR EACH TAXABLE YEAR OF ITS EXISTENCE. SFLC IS ENABLED IN LARGE PART TO CARRY OUT ITS PUBLIC-FACING MISSION BY VOLUNTARY DONATIONS PROVIDED BY COMMERCIAL PARTIES WHO BENEFIT FROM FREE AND OPEN SOURCE SOFTWARE IN THEIR BUSINESSES, AND WHO APPRECIATE THAT ALL PARTIES ARE BETTER OFF WHEN THE PEOPLE WHO MAKE THE SOFTWARE CAN MAKE IT SAFELY. THESE DONATIONS DO NOT UNDULY INFLUENCE SFLC. IN FACT, MANY OF SFLC'S LARGE DONORS DIRECTLY COMPETE WITH ONE ANOTHER. IN ADDITION TO THIS SUPPORT, SFLC ALSO RECEIVES DONATIONS FROM INDIVIDUALS AND GRANT MAKING ORGANIZATIONS. SINCE ITS INCEPTION IN 2005, SFLC HAS ACTIVELY SOUGHT AND RECEIVED SUPPORT FROM THE PUBLIC AND THE COMMUNITY WHICH IT SERVES -- NON-PROFIT MAKERS AND DISTRIBUTORS OF FREE AND OPEN SOURCE SOFTWARE. SFLC CURRENTLY REPRESENTS MANY OF THE MOST IMPORTANT AND WELL-ESTABLISHED FREE AND OPEN SOURCE SOFTWARE PROJECTS. SFLC'S ACTIVITIES MOSTLY INVOLVE ADVISING, COUNSELING, AND REPRESENTING CLIENTS IN FURTHERANCE OF ITS MISSION, ATTRACT SUPPORT FROM THE GENERAL PUBLIC, MEMBERS OF THE FREE AND OPEN SOURCE SOFTWARE COMMUNITY, AND OTHER ORGANIZATIONS. AS SET FORTH IN REG. SEC. 1.170A-9T(F)(3)(II), SFLC MAINTAINS A CONTINUOUS AND BONA FIDE PROGRAM FOR THE SOLICITATION OF FUNDS FROM THE GENERAL PUBLIC AND THE FREE AND OPEN SOURCE SOFTWARE COMMUNITY WHICH IT SERVES. SINCE ITS INCEPTION, SFLC HAS RECEIVED 564 DONATIONS FROM INDIVIDUALS, THE VAST MAJORITY OF WHICH ARE UNDER $500. SFLC HAS ASKED FOR THESE DONATIONS ON ITS WEBSITE AND IN ITS EDUCATIONAL MATERIALS THAT ARE FREELY DISTRIBUTED FOR USE BY THE PUBLIC. TO INCREASE ITS PUBLIC SUPPORT TESTS, SFLC HAS ALSO SENT OUT ANNUAL APPEAL LETTERS TO A BROAD AUDIENCE. SFLC IS GOVERNED BY A BOARD OF DIRECTORS COMPRISED OF EXPERTS AND LEADERS IN THE FREE AND OPEN SOURCE SOFTWARE COMMUNITY WHO REPRESENT A BROAD CROSS-SECTION OF THE VIEWS AND INTERESTS OF THE COMMUNITY. ALL OF THE DIRECTORS THAT HAVE SERVED ON SFLC'S BOARD HAVE BEEN INDEPENDENT AND NOT AFFILIATED WITH ANY OF ITS DONORS. ALL OF SFLC'S CURRENT DIRECTORS HAVE EITHER ACADEMIC OR NONPROFIT AFFILIATIONS AND FORMER DIRECTORS HAVE GONE ON TO TAKE GOVERNMENT AND ACADEMIC POSITIONS. SFLC IS THE ONLY ORGANIZATION OF ITS KIND IN THE WORLD, COMPLETELY DEDICATED TO PROVIDING FREE LEGAL COUNSEL AND REPRESENTATION TO INDIVIDUALS AND NON-PROFIT MAKERS AND DISTRIBUTORS OF FREE AND OPEN SOURCE SOFTWARE. SFLC PROVIDES ENHANCED LONG-TERM LEGAL STABILITY TO THE FREE AND OPEN SOURCE SOFTWARE COMMUNITY BY CONTINUING TO SUPPORT THE MORE THAN 50 KEY FREE AND OPEN SOURCE SOFTWARE PROJECTS THAT HAVE COME TO RELY ON ITS LICENSING, COPYRIGHT, TRADEMARK, NONPROFIT CORPORATE AND TAX LEGAL ADVICE. MANY OF SFLC'S CLIENTS ARE ALSO INCORPORATED AS NONPROFITS AND RECOGNIZED AS 501(C)(3) ORGANIZATIONS IN THEIR OWN RIGHT.
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
SOFTWARE FREEDOM LAW CENTER INC
Employer identification number
41-2165986
Identifier
Return Reference
Explanation
PART VI - ITEM 11
PART VI, SECTION B - POLICIES - ITEM 11
FORM 990 IS SENT TO ALL MEMBERS OF THE BOARD OF DIRECTORS FOR REVIEW PRIOR TO FILING. THE RETURN IS REVIEWED BY THE BOARD IN A BOARD MEETING HELD BY TELEPHONE.
PART VI - ITEM 12c
PART VI, SECTION B - POLICIES - ITEM 12C
THE CONFLICT OF INTEREST POLICY ADOPTED BY THE BOARD OF DIRECTORS REQUIRES ANNUAL WRITTEN AFFIRMATION OF COMPLIANCE WITH THE POLICY BY EACH BOARD MEMBER.
PART VI - ITEM 15a
PART VI, SECTION B - POLICIES - ITEM 15A
THE COMPENSATION OF THE EXECUTIVE DIRECTOR IS DETERMINED AT A BOARD OF DIRECTORS MEETING AT WHICH THE EXECUTIVE DIRECTOR IS NOT PRESENT. THE DIRECTORS CONSIDER COMPARABILITY DATA, INCLUDING SALARIES REPORTED ON FORMS 990 FILED BY OTHER NON-PROFIT ORGANIZATIONS.
PART VI - ITEM 15b
PART VI, SECTION B - POLICIES - ITEM 15B
THE COMPENSATION OF OTHER OFFICERS AND KEY EMPLOYEES IS SET BY THE BOARD OF DIRECTORS.
PART VI - ITEM 19
PART VI, SECTION B - POLICIES - ITEM 19
THE ORGANIZATION'S FINANCIAL STATEMENTS, GOVERNING DOCUMENTS AND CONFLICT OF INTEREST POLICY ARE MADE AVAILABLE UPON REQUEST.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.