[opensource-wg] concern re: Cyber Resilience Act effects on open source?

Maarten

Maybe I’m missing something, but the draft language *excludes* open source software:
“In order not to hamper innovation or research, free and open-source software
developed or supplied outside the course of a commercial activity should not be
covered by this Regulation. This is in particular the case for software, including its
source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services, by providing a software platform through which the manufacturer monetises other services, or by the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software.”

Regards

Michele

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From: opensource-wg <opensource-wg-bounces at ripe.net> on behalf of Maarten Aertsen <maarten at nlnetlabs.nl>
Date: Monday, 28 November 2022 at 14:59
To: opensource-wg at ripe.net <opensource-wg at ripe.net>
Subject: [opensource-wg] concern re: Cyber Resilience Act effects on open source?
[EXTERNAL EMAIL] Please use caution when opening attachments from unrecognised sources.

good afternoon list,

I would like to understand the number of people/organisations on this
list who are concerned about the European Commission's Cyber Resilience
Act proposal effects on open source software development.

This topic was presented at RIPE85 [1] and covered in a recent blog (see
below, should have cross-posted), which was republished at RIPE Labs
last week:

https://labs.ripe.net/author/maarten-aertsen/open-source-software-vs-the-proposed-cyber-resilience-act/

You would help both me and RIPE NCC staff that are tracking the proposal
by speaking up on list. Answers by both developers and users are valuable.

A simple +1 is fine. Thanks.

kind regards, Maarten


-------- Forwarded Message --------
Subject: Re: [cooperation-wg] Cyber Resilience Act effects on OSS on
agenda of open source-wg
Date: Mon, 14 Nov 2022 09:38:00 +0100
From: Maarten Aertsen <maarten at nlnetlabs.nl>
To: cooperation-wg at ripe.net

Good morning,

I just published an extended, written version of my RIPE talk in the
open-source wg [1] with NLnet Labs' perspective on the European
Commission's proposal for a Cyber Resilience Act vs. Open Source:

https://blog.nlnetlabs.nl/open-source-software-vs-the-cyber-resilience-act/

We feel the current proposal misses a major opportunity. The CRA could
bring support to open-source developers maintaining the critical
foundations of our digital society. But instead of introducing
incentives for integrators or financial support, the current proposal
will overload small developers with compliance work.

At the same time, this is only the Commission's proposal. I hope there
is opportunity to raise awareness and influence the coming positions and
negotations.

I'm very grateful to the many people in the RIPE community that talked
to me after my presentation. I feel my understanding of the issue is
improving. Curious to hear what you think, how you feel this affects the
projects you rely on and what we have yet to learn about the implications.

kind regards, Maarten

[1] https://ripe85.ripe.net/archives/video/911

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