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see the python software foundation's concerns https://pyfound.blogspot.com/2023/04/the-eus-proposed-cra-law-may-have.html https://pyfound.blogspot.com/2023/04/
by x0x0 3y ago
see the python software foundation's concerns
https://pyfound.blogspot.com/2023/04/the-eus-proposed-cra-law-may-have.html https://pyfound.blogspot.com/2023/04/the-eus-proposed-cra-la...
to wit: under a reasonable reading of the legislation, having any commercial activity (classes, conference tickets, etc) opens you to liability. Or imagine selling support.
Additionally: if open source code is included by someone besides the author into a commercially available product, it's not clear that the open source author doesn't hold liability there. Even if the author received $0, or is unaware of the use of the software he/she created.
- jruohonen 3y agoHere, the PSF makes a mistake of referencing recitals, which are not really enforceable law in the strict sense.
- friendzis 3y agoIn my understanding, in EU law recitals are explicitly part of the law.
- jruohonen 3y agoThey are part of the law, sure, but they are not legally binding in the same way as articles are. If there is ambiguity in a law, as there often is, a judge may use these for interpreting the overall "spirit of the law". But even then, articles always take precedence and these cannot be overruled by recitals.
- sidewndr46 3y agoforget selling support. Imagine you are a FOSS author and you're on public transport. You strike up a conversation with someone who happens to work in the industry. You tell them about your authorship of a project and then they say "Oh wow, that's great! Let me buy you lunch!"
- jeroenhd 3y agoHow on earth are legislative bodies ever going to find out about that?
- sidewndr46 3y agoNot sure where you live but in most places it isn't the legislature enforcing the law.