Red Hat has been providing indemnification for patents for RHEL. This seems like another regulatory bag they will have to carry. Everybody will just use Red H

Red Hat has been providing indemnification for patents for RHEL. This seems like another regulatory bag they will have to carry. Everybody will just use Red Hat, because it is already certified so they can just pass the certification along. "outside the course of a commercial activity should not be covered by this Regulation" Is this kind of wording normal In EU laws? Why use "Should" in the law, since we are in the middle of defining what is going to happen shouldn't it be "is"?