Swarm Network and Swarm Foundation (Legal Status)


#1

Hello, I am looking for the following clarifications in detail please:

  • What’s the legal status of the Swarm Network that permits it to: (a) raise funds and apply for, invite,
    obtain, collect and receive contributions (including in-kind contributions of tangible or intangible
    property), grants, subscriptions, fees and otherwise; (b) engage any person or organization to
    assist in the attainment of the Purposes; © define and administer Platform rules and policies;
    and (d) do all such other lawful things as shall further attainment of the Purposes including
    prohibiting the use of the Platform by any person to ensure adherence to the Purposes.

  • Can the Swarm Network own any IP, since it can raise and own funds?

  • I’d also need to know more about the role of the Swarm Foundation and who owns it please, where it is set up, its role and what relation, legal or otherwise, that is existing between the Swarm Foundation and the Swarm Network (and its constitution, since there is no mention online of the Swarm Foundation, or on the constitution.)

Thank you very much.


#2

(From Philipp) Swarm Foundation:

The Swarm Foundation (SF) is not owned by anyone. It is a Liechtenstein foundation (registration# FL-0002.577.714-9), without any beneficiaries. It’s purpose the promotion of developments of new not-for-profit open-source technologies.

The SF is simply a service organization that the Swarm Network (SN) can chose to work with, mainly in cases where a legal counterpart to a 3rd parts is required. E.g. in the case of software development: the Swarm Network can grant the Swarm Foundation funds to develop open source software.

The SF then deploys those funds with 3rd party developers and once the software is developed it then open sources it for the communities benefit.
Beyond the one-off cases described above, there are no other (especial permanent) legal agreements between the two separate organizations.

The SN is completely independent, thus no mention of the SF in the constitution. The SN can freely decide who to grant budgets to and the SF is an option that can be used.