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Are you aware that an Open Source project with scarce revenue or small private software maker will get fined up to 15 million Euros if they found to be non-comp
by unity1001 4y ago
Are you aware that an Open Source project with scarce revenue or small private software maker will get fined up to 15 million Euros if they found to be non-compliant, based on however the regulator interprets the legal maximum like in GDPR? Uncharacteristically outside the civil law principles that require solid, written guidelines for everything.
Which Open Source software project or small software producer has the funds to fork out from tens of thousands to millions of Euros? That's as unbounded as it gets.
Its a great risk to take. Solely this law going out would kill a lot of Open Source projects or move them out of the Eu. Considering how most projects are just collection of a few people without any organization and the individuals would be legally responsible, it would definitely kill any participation in an Open Source project by a Eu resident.
- Scandiravian 4y agoGiven the track record of how the EU has administered fines for GDPR violations there's a legal precedence for large corporations being given large fines and smaller companies being given warnings Claiming that open-source maintainers will get fined 15M euro is scaremongering and is not supported by legal practice in the EU
- unity1001 4y ago> there's a legal precedence "Precedent" is not a concept that applies to civil law. Its a common law tenet. > Claiming that open-source maintainers will get fined 15M euro is scaremongering Read the actual legal document. The static, non % amounts are totally left to the interpretation of the regulator in the 'legal maximums' section of the draft law. It doesnt need to be full 15 million. No Open Source contributor would risk getting fined a few dozen thousand euros. Even a few thousand is too much for anyone who contributes to Open Source.