SPI resolution 2025-08-11.jln.1: OpenSSL as an associated project

WHEREAS

  1. OpenSSL is a substantial and significant component for publicly available software, providing a safe internet to the general public1.

  2. SPI purposes include aid, assistance, cooperation and co-sponsoring with organizations and association on all issues and matters concerning the use of computers and computer software, insofar as aligned with SPI charitable goals.

  3. OpenSSL Foundation would like SPI's support and assistance, including accepting donations, holding funds, and paying for project expenses, under a Model C sponsorship.

THE SPI BOARD RESOLVES THAT

  1. OpenSSL is formally invited to become an SPI Associated Project, and this fiscal sponsorship will be made according to the appended document2, which will constitute the entire agreement between OpenSSL Foundation and Software in the Public Interest, Inc.

THE SPI BOARD ALSO INFORMS FOR SAKE OF CLARITY THAT, ACCORDING TO THE AGREEMENT:

  1. The OpenSSL Foundation will appoint a SPI Liaison and all successors to maintain contact. Failure from OpenSSL in appointing a liaison, or if the last known SPI Liaison for OpenSSL is unreachable and no new SPI Liaison is appointed for two consecutive years, is a cause which prevent SPI from accomplishing the objectives of the project, and cause termination of the agreement under section 7(b)(i) of the agreement.

  2. In the event of OpenSSL Foundation being declared defunct, bankrupt, facing insolvency, or in any event on which OpenSSL Foundation continuity could be reasonably questioned or ceases to exist, including by it being absorbed by a for-profit corporation, SPI shall exert its variance power as reasonable, to ensure the restricted funds remain in the charitable assets flow and in use of the charitable project to which they were restricted to, as defined in section 3 of the agreement; and nothing shall prevent SPI from deeming that continued sponsorship of the Project is inconsistent with SPI's tax-exempt status, causing termination of the agreement under section 7(b)(ii) of the agreement.

  3. In the event the agreement and any SPI resolution contradicts each other, including this resolution, the agreement itself shall prevail.

THE SPI BOARD ALSO RESOLVES THAT

  1. This invitation will lapse, if not accepted, 60 days after it is approved by the SPI Board. The invite will be considered accepted once the contract is signed by an authorized representative of both parties.