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The problem is it's not a suply chain in the classical sense. If you directly or indirectly (support contracts) sell some software sure it should apply, but th
by dathinab 4y ago
The problem is it's not a suply chain in the classical sense.
If you directly or indirectly (support contracts) sell some software sure it should apply, but the regulation isn't well defined (in it's draft state) and includes much more.
A lot of FOSS is based around the idea:
- provide software components as FOSS on a as is-basis, components you do not sell directly or indirectly but plan to use, or used, or planed to use until things changed etc.
- the consumer of the software (other programmers/companies) are expected to do _their own_ risk assessment, reviews etc. IF they decide to use the software (but only if, i.e. not needed for prototyping)
- if they use the software (hopefully) you get feedback from their review and assessment leading to bug fixes and improvements
- in some cases projects are evaluated by enough other parties that not everyone needs to do their risk assessment
- you don't make profit from the release, but you do get feedback which could safe cost and do get publicity and trust, so it has a commercial benefit so it's commercial in a certain way
Now you probably can already spot the problem, in many cases companies do _not_ do their do due diligence in reviewing software and blindly assume "someone" did it.
So an regulating which requires you to have made sure that someone did due diligence for all software you include in a product, including SaaS(!) is reasonable IMHO.
But because the regulation is based on the concepts/ideas of a physical supply chain it is instead requiring anyone which is publishing software components (instead of using them) to do the due diligence if it's commercial. But due to OSS leading to feedback, publicity and trust _ANY_ OSS done by a company can be classified as "commercial", even if it's a tech demo explicitly not meant to be used in production or a early pre-pre-pre release version.
Another problem is the definition of what I called due diligence but to comment on that I had to read the draft again.
So IMHO the problem is not the regulation by itself, it might even make OSS better, but the exact formulation which either show a deep missing understanding of software development or bribed politicians, probably a bit of both. Ah I mean lobby influence politicians, it's practically the same, but not legally so better clarify that.
EDIT: I.e. a lot of OSS software is more like sharing (potential prototype) technical blue prints in an informal shared development/research agreements then it is selling "parts" in a supply chain.
- bee_rider 4y agoThe data sheets for an electronic part will usually have some example applications included, I wonder what the legal framework around those is.
- crote 4y agoAlmost all datasheets have an explicit "as-is" disclaimer. It is in the manufacturer's best interest to ensure their accuracy, but the reader is assumed to be a skilled professional who would be able to spot any mistakes. The example applications included in them are usually vague enough that implementing them isn't trivial. It'd be very hard to view them as anything more than pseudocode, with similar expectations of functionality.
- dathinab 4y agoData sheets tend to also be (at least subtle) wrong all the time, at least that is what I have heard many times by now from people working with electric hardware/supply chains.