On Thu, Nov 23, 2023 at 10:30:01AM +0000, Luca Boccassi wrote:
> On Wed, 22 Nov 2023 at 20:35, Bart Martens <ba...@debian.org> wrote:
> >
> > On Wed, Nov 22, 2023 at 06:46:06PM +0000, Luca Boccassi wrote:
> > > On Wed, 22 Nov 2023 at 09:28, Bart Martens <ba...@debian.org> wrote:
> > > >
> > > > On Tue, Nov 21, 2023 at 09:14:05AM +0100, Thomas Goirand wrote:
> > > > > I feel like we're getting trapped by big corp and their lobbying
> > > > > power, and we need to use stronger words.
> > > >
> > > > Probably in a different way. I'd rather prefer Debian to defend the 
> > > > DFSG,
> > > > including DFSG 6. If the EU were to draw a line for compulsory 
> > > > liability, then
> > > > it should not be between commercial and nonprofit, but rather between 
> > > > FOSS and
> > > > non-FOSS. For example, in my opinion "awscli" is FOSS, and the usual 
> > > > liability
> > > > disclaimer in FOSS licenses should also be valid for "awscli". This is, 
> > > > in my
> > > > understanding, a different opinion than discussed so far, right?
> > >
> > > That would not be a good outcome. Just because a smartphone ships open
> > > source software, it doesn't mean its vendor should get away with not
> > > providing security updates after a few months, causing the phone
> > > owners to lose their data or worse.
> >
> > That is a different case. The user of a smartphone depends on the vendor for
> > keeping the smarthpone safe for use during a reasonable time after purchase.
> > I follow you on that.
> 
> It's not really different, if you can get out of security maintenance
> of some software just because of its license, then it affects any
> product using software. That would be quite an obvious loophole to
> take advantage of, and that's probably why the distinction in these
> regulations is never on the license, but on whether it's a commercial
> activity or not.

Well, I think that the CRA & PLD are meant to cover such loopholes. The CRA &
PLD are useful when they introduce compulsory liability for closed products
entirely, also when those products contain pieces of FOSS. The criterion is
that the FOSS is embedded in a closed product, so the user of the product
relies on the product manufacturer for updating that FOSS.

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