The directive has not finished the legislative process yet so it's difficult to be exact but according to the briefing on the New Product Liability Directive re

The directive has not finished the legislative process yet so it's difficult to be exact but according to the briefing on the New Product Liability Directive redacted by the European Parliamentary Research Service > In the aim of not hampering innovation: (i) free and open-source software developed or supplied outside the course of commercial activity, as well as (ii) the source code of software, should be excluded from the definition of products covered under the proposal. https://www.europarl.europa.eu/RegData/etudes/BRIE/2023/739341/EPRS_BRI(2023)739341_EN.pdf https://www.europarl.europa.eu/RegData/etudes/BRIE/2023/7393...