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Petition for Recognition of Work on Open-Source as Volunteering in Germany

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Re: Petition for Recognition of Work on Open-Source as Volunteering in Germany

#51
post #23

Many of my friends wouldn't qualify for this. They are either doing it as a hobby or to show the projects as their resume helpers.

Why would that disqualify them? Those are also the reasons that people volunteer in soup kitchens.

The intention is to benefit financially. They are not doing it for "volunteering". But I get what you are saying. I am looking at it from a moral perspective.

Re: Petition for Recognition of Work on Open-Source as Volunteering in Germany

#52
post #39

As a German working with charities, this petition doesn't make any sense/is not specific enough to know what they actually want. There is no such thing as getting an activity recognized as volunteering. You either volunteer for a registered charity, or you don't. Nobody cares what you do for a charity, whether you write code for it or clean the toilets doesn't matter for recognition. The petition only makes legal sen…

> but the existing set already allows for FOSS projects as part of e.g. the "national education" category (public code is educative) It may be educative but that is hardly the most significant way in which open source code is beneficial to society.

The context here is German law and the specific categories within the law an activity needs to be argued to fit in, not perceived or real benefit to society in a broader sense. "Adult education" is one of these categories, and it is proven to be accepted by German tax authorities for open source work.

Dependent on the project, other categories might work too. The list is in Abgabenordnung §52 ( https://www.gesetze-im-internet.de/ao_1977/__52.html ) / Fiscal Code Section 52 Public benefit purposes ( https://www.gesetze-im-internet.de/englisch_ao/englisch_ao.p... )

(Contrary to intuition, "advancement of science and research" is very hard to get accepted in unless you're a university or at least publish papers in journals. And while the law claims that in theory other purposes could be argued for, in practice tax authorities will simply stick to the list and not make exceptions.)

Re: Petition for Recognition of Work on Open-Source as Volunteering in Germany

#53
post #45

Earlier quoted context omitted.

Subsidize? What? How are you subsidizing anything when it's just recognized as volunteering? You can at most put that on your Einkommensteuererklärung for a deduction on taxes... Calling that's subsidizing, idk man, feels massively overblown? And the Steueramt would have to agree with your statement, which I doubt it would for 99.9% of software. The exploit-ability of this seems severely overstated here, but I'm not…

Tax breaks are very much subsidies.

A thief only looting half your house is a subsidy.

Re: Petition for Recognition of Work on Open-Source as Volunteering in Germany

#54

Earlier quoted context omitted.

Tax breaks are very much subsidies.

A thief only looting half your house is a subsidy.

If the thief keeps looting the full house of others sure. Even more so if the thief uses the loot to provide services you rely on and society as a whole has decided to give the thief the right to loot part of everyone's house.

Re: Petition for Recognition of Work on Open-Source as Volunteering in Germany

#55
post #52

Earlier quoted context omitted.

> but the existing set already allows for FOSS projects as part of e.g. the "national education" category (public code is educative) It may be educative but that is hardly the most significant way in which open source code is beneficial to society.

The context here is German law and the specific categories within the law an activity needs to be argued to fit in, not perceived or real benefit to society in a broader sense. "Adult education" is one of these categories, and it is proven to be accepted by German tax authorities for open source work. Dependent on the project, other categories might work too. The list is in Abgabenordnung §52 ( https://www.gesetze-im…

Yes, and we should make whatever changes are needed to recognize the actual contributions of open source projects to the commons instead of trying to backdoor such projects into recognition as education.

Re: Petition for Recognition of Work on Open-Source as Volunteering in Germany

#56
post #52

Earlier quoted context omitted.

The context here is German law and the specific categories within the law an activity needs to be argued to fit in, not perceived or real benefit to society in a broader sense. "Adult education" is one of these categories, and it is proven to be accepted by German tax authorities for open source work. Dependent on the project, other categories might work too. The list is in Abgabenordnung §52 ( https://www.gesetze-im…

Yes, and we should make whatever changes are needed to recognize the actual contributions of open source projects to the commons instead of trying to backdoor such projects into recognition as education.

How would you go about this? Say you add "open source development" to the short list of public benefit goals in the law. What would it even mean? If I publish my own stuff as AGPL/GPL and dual license commercially, is that a contribution to an open source project? Legally, if I simply sell my software, and provide the source code only to those that buy it, it is still possible to provide it under an open source license. Is that still supposed to be a charitable activity, beneficial to the public?

It would also be a plain and simple category error. The legal code is not concerned with the how. It doesn't list actions but abstract pursuits, outcomes. "Open source development" simply doesn't fit there. My previous comparison was "cleaning toilets". It can equally be part of a charitable activity beneficial to the public if you do it for a charity, yet there would be no point in adding it to a closed list.

By the way, it would still require the project to register as a German charity, file reports, etc.

Plenty of questions, zero answers in the petition. The petition doesn't state what their goal is at all. What is the actionable item, what is the request, and from whom? Even a prayer is usually more specific.

To me, it doesn't read at all like the petition is advocating to add "open source" to the list of charity goals, since that has nothing to do with "getting volunteering recognized" (whatever that may refer to). Charities work with money, which is what the law is about after all -- it's a Tax Code! All it deals with is money. Unless you deal with actual financial flows, you don't need to respect any of that, and you're free to do whatever! "Volunteering" has very little to do with money.

And I say that as somebody who has almost exclusively worked for and with charities, in both paid positions and as volunteer, for the past decades. I really don't know what this is advocating for. I get a lot of "recognition" for my contributions to open source projects, both finanicially and non-financially, and so do others that I know who contribute to open source.

It's like petitioning for "rainbow cotton candy". Sounds nice -- who would object to that! But: Who? What? Where? How?

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