I don't think it's that messed up. If you really want to make something that qualifies as a charity (or a for-profit business) then you can just do that separat

I don't think it's that messed up. If you really want to make something that qualifies as a charity (or a for-profit business) then you can just do that separately. The existence of this foundation doesn't get in the way, they're a home for the trademarks and a few other things but otherwise they don't have much bearing on what you would do. But there are some people at the foundation who would make it their goal to hire more developers, if the funding was there, it currently isn't.