| Re: [open-regulatory-compliance] Manufacturer's responsibility |
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For reference from the directive of the European Parliament and of the Council on
liability for defective products
(14) Free and open-source software, whereby the source code is openly shared and users can freely access, use, modify and redistribute the software or modified versions thereof, can contribute to research and innovation on the market. Such software is subject to licences that allow anyone the freedom to run, copy, distribute, study, change and improve the software. In order not to hamper innovation or research, this Directive should not apply to free and open-source software developed or supplied outside the course of a commercial activity, since products so developed or supplied are by definition not placed on the market. Developing or contributing to such software should not be understood as making it available on the market. Providing such software on open repositories should not be considered as making it available on the market, unless that occurs in the course of a commercial activity. In principle, the supply of free and open-source software by non-profit organisations should not be considered as taking place in a business-related context, unless such supply occurs in the course of a commercial activity. However, where software is supplied in exchange for a price, or personal data are used other than exclusively for improving the security, compatibility or interoperability of the software, and is therefore supplied in the course of a commercial activity, this Directive should apply.
(15) Where free and open-source software supplied outside the course of a commercial activity is subsequently integrated by a manufacturer as a component into a product in the course of a commercial activity and is thereby placed on the market,
it should be possible to hold that manufacturer liable for damage caused by the defectiveness of such software but not the manufacturer of the software because they would not have fulfilled the conditions of placing a product or component on the market.
https://www.europarl.europa.eu/doceo/document/TA-9-2024-0132_EN.html
Merlijn Sebrechts, PhD
Senior researcher
IDLab, Ghent University, in collaboration with imec
From: open-regulatory-compliance <open-regulatory-compliance-bounces@xxxxxxxxxxx> on behalf of Olle E. Johansson via open-regulatory-compliance
<open-regulatory-compliance@xxxxxxxxxxx>
Sent: Monday, 5 August 2024 16:48 To: Open Regulatory Compliance Working Group <open-regulatory-compliance@xxxxxxxxxxx> Cc: Olle E. Johansson <oej@xxxxxxxxxx> Subject: Re: [open-regulatory-compliance] Manufacturer's responsibility
Interesting. I haven’t read it, but in the meeting at Fosdem I heard a pretty strong voice saying
that there was no exempts whatsoever from the PLD. Good if they changed their minds.
/O
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