Hi Jody,
thanks for the update.
The clarification of point 3 is still fuzzy to me. What do they actually
mean by "monetised by manufacturers". Is monetizing only when the
software is open source but people have to pay to use it on SaaS or
similar models ? Otherwise if it is about money being involved in the
making of the open source software, then that contradicts the second
point that how the development was financed shouldn't be taken into
account to determine commercial activity... Is consulting about open
source software "monetizing" it ... ?
Even
Le 06/12/2023 à 16:09, Jody Garnett via Discuss a écrit :
Follow up to November discussion and blog post
<https://www.osgeo.org/foundation-news/eu-cyber-resilience-act/>
asking OSGeo community to be informed.
1. At the end November Europe lawmakers agreed on something:
https://www.consilium.europa.eu/en/press/press-releases/2023/11/30/cyber-resilience-act-council-and-parliament-strike-a-deal-on-security-requirements-for-digital-products/
Free and open source was so far down the priority list that the
press release does not even mention it.
2. Next there were assurances that free and open-source community
concerns were addressed:
https://www.europarl.europa.eu/news/en/press-room/20231106IPR09007/cyber-resilience-act-agreement-with-council-to-boost-digital-products-security
The quote did indicate how our concerns were addressed:
> We have ensured support for micro and small enterprises and
better involvement of stakeholders, and addressed the concerns of
the open-source community, while keeping an ambitious European
dimension.
3. This week I can find a articles providing clarifications that have
been added:
https://openforumeurope.org/eu-cyber-resilience-act-takes-a-leap-forward/
Two clarifications:
> the provision of free and open-source software products with
digital elements that are not monetised by their manufacturers is
not considered a commercial activity
> The mere circumstances under which the product has been
developed, or how the development has been financed should
therefore not be taken into account when determining the
commercial or non-commercial nature of [making free and
open-source software available on the market].
—
Jody
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