"Art. 3 (1) ‘product with digital elements’ means any software or hardware product ... (18) ‘manufacturer’ means any natural or legal person who develops or manufactures products with digital elements ... and markets them under his or her name or trademark, whether for payment or free of charge; (23) ‘making available on the market’ means any supply of a product with digital elements for distribution or use on the Union market in the course of a commercial activity ..."
Am 12.11.23 um 19:19 schrieb Luca Boccassi: > I don't see how the fact that Github is > not responsible for software hosted on its platform goes to imply that > ever such software is a product. Whether something is or is not a > product on the market is already quite clear, and the sources cited in > the original mail themselves say that the CRA does not change this > aspect. Because everybody agrees that software is a product. And if you can download the product on github or elsewhere, it's made available. There is an explicit exemption only for the platform, not for the uploader. It's fine if you think your software is not a product, but be aware that european market authorities will not agree with you. > Are you responsible for the warranty for > software you push to Github if someone git clones it? Of course not. Not yet, but this will change, depending on whether the activity is considered commercial or not. Of course the details are still unclear. In your example, pushing to your repo might not count as "making available" (thanks to a lot of lobbying), but tagging a release probably does. What about CI artifacts? Nobody knows. > Because repositories on Github are not products on the single market. Obviously repositories are not products. Software is. I'm not spreading fud. I've read the stuff, I'm working on this since FOSDEM, I have the necessary background and I participate in weekly meetings with several big FOSS organisations/foundations. This workgroup had frequent consultations with EU representatives. We are not spending considerable time on non-issues. Ilu
