They could get in trouble if they do not have an actual non-profit tax entity formed, even though the payment to them for keeping the software free can be considered a valid social purpose of providing the community with access to computer programming. This would be a valid purpose to form a non-profit corporate entity and the companies who do not do so would risk tax evasion charges on all of the money people give to them.
Being a non-profit means that any money you take in for your charitable or community purpose and spend on that purpose would not have to have taxes paid on it and you would file a form 990 each year to show how much money your organization takes in every year.
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