> It’s notable, I think, that you’re not absolved from operating “in the course of a commercial activity” just because you’re supplying software free-of-charge.

> It’s notable, I think, that you’re not absolved from operating “in the course of a commercial activity” just because you’re supplying software free-of-charge. I can see why someone would have added this provision, if you think in terms of what loophole would exist without it. Imagine a company that sells you a router, and they declare that the necessary software is provided "free of charge", and as an extra convenience they've pre-installed it for you. Sure, maybe the device won't work with any other software, and maybe the software can't be installed on any other device, but anybody can download a copy from their website, so it is free...