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Case Study 1: MifosX/ApacheFineract1.x

 Objective

This educational report discusses the invitation to participate in open source programs by governments and public project maintainers. The focus is on protecting volunteer contributions in various jurisdictions, implementing diversity best practices, following SBOM (Software Bill of Materials) best practices, ensuring security infrastructure best practices for open source software, clarifying intellectual property rights, and establishing data protection and processing best practices for open source software. Additionally, it emphasizes the importance of project lifecycle governance.

Case Study Summary:

a. A component of Mifos X source code, (Intellectual Property), was renamed to Apache Fineract 1.x and donated to the Apache Software Foundation. Initially, Mifos X was sponsored by the Software Freedom Conservancy.

b. The license of the headless component(backend program) Mifos X has been changed from MPL 2.0 to Apache 2.0 during this transition.

c. The community governance model for maintaining the lifecycle of the source code of the I.P. also transitioned from the Mifos Foundation to the Apache Software Foundation(ASF) public mechanism.

d. Some of the Mifos X applications(source code repositories) are still licensed under MPL 2.0 and maintained by the Mifos Foundation. Apache Fineract 1.x is maintained by an active PMC, within the guidelines of Apache Software Foundation, since the said project’s escalation from project incubation to an active project, maintained by the 501c(3) public charity, within the jurisdiction of U.S legal framework.

e. It has been observed that project archives and documentation were found to carry significant scattered organization. Since bringing to light, the PMC was

f. The Apache Software Foundation PMC is currently working on aligning Apache Fineract 1.x (transitioned I.P. component of Mifos X) within ASF’s governance model

g.In public-facing records, it has been disclosed that there is a lack of independence in defining the Project for Apache Fineract due to private affiliations of volunteers within the Apache Software Foundation.

h.In public-facing records, it has been observed that certain stakeholders with private affiliations have benefited from meritocracy within the Apache Software Foundation during this transition period through first PMC appointments.

i.In public-facing records, it has been found that volunteers in non-USA jurisdictions have limited or zero coverage for labor rights and anti-discrimination protection.This can be further supported by citing discussions from public facing records e.g. mailing lists, maintained by the Apache Software Foundation.

j.Notes on privacy compliance as per Data Protection regulations should also include any incidents related to gender discrimination, sexual harassment and racial discrimination.

This Observation Report therefore makes an assessment of any breach of public trust committed by individuals(read volunteers) whether residing within the tax residency of U.S or outside, on behalf of US 501 c3 organizations. It also examines the mechanism and approaches made public by the volunteers including how private ‘for profit’ affiliations influenced the I.P. transition from one publicly-sponsored charity to another.

This table highlights a chronological order of events, supported by relevant reports, generated by active volunteers and maintainers linked to the transition and maintenance of the project lifecycle.

Date

Events

Relevant Links

Date

Events

Relevant Links

2006

Grameen Foundation

 

2011

Community for Open Source Microfinance (COSM)

 

July 2013

Mifos Foundation, attained 501c(3) status and assumed control over the IPR from fiscal sponsor: Software Freedom Conservancy

 

Dec, 2015

Entered Incubation in ASF
Apache Fineract entered incubation in December of 2015

 

Feb 22, 2017

Maturity Evaluation Report

https://cwiki.apache.org/confluence/display/FINERACT/Maturity+Evaluation

Mar 12, 2017

Incubated Apache Fineract project is graduated.

https://cwiki.apache.org/confluence/display/FINERACT/Graduation+Resolution

Sept, 2021

Observation Report by Muellners Foundation and notes on any undue influence from “for profit” stakeholders into the Intellectual Property Lifecycle management

 

2022

Observation Report on the legal bodies and relevant stakeholders on the case study of Intellectual Property rights assignment and transfer

 

2023

Oversight and filings from any relevant regulatory bodies for best practices and reforms in governance of designated public charities.

 

2024

Publish Report and seek review by active PMC, ASF and Mifos X Foundation

 

This Observation Report is public, and is released using the Open Research guidelines of the Open Constitution AI network.

It contains following citations:

(1) Public records of Project Project Maintainer Committee(PMC) Quarterly Report, as mandated by ASF’s guidelines

(2) Apache Software Foundation(ASF) Financial Reporting and Compliances

(3) Grameen Foundation, USA Financial Reporting and Compliances

(4) Mifos Foundation, USA Financial Reporting and Compliances

(5) Miscellaneous Public facing records

Relevant Content:

Public Interest Disclosures

Observation Benchmarks I

Observation Benchmarks II

Observation Benchmarks III

Stakeholders

Apache Software Foundation, USA

Mifos Foundation, USA

Grameen Foundation, USA

(This section undergoing update. Please watch this space.)

Maintained by Muellners Foundation, Denmark