[open-regulatory-compliance] FAQ - do legal persons include natural pers

[Dirk-Willem van Gulik <dirkx@xxxxxxxxxxxxxx>]

So to isolate that issue / question - as can be a very key backstop for lone developers another attempt at a possible answer for others to shoot at (thanks Simon) below.

Dw.


FAQ QUESTION:  What is a legal Person

EU regulation generally distinguishes natural persons (i.e. humans, which you can put in prison; and who can die) and legal persons (i.e companies, foundations, trusts, societies). I.e it is an either/or situation.  So in these cases you are either a Natural person. Or it concerns a legal person which cannot also be a natural person.

However there are two issues that muddle a straightforward answer.

1)	The EC has repeatedly clarified in private meetings that, in the context of the CRA, it sees legal persons as a superset; of which natural persons are a special class.

	Note that depending on the language you read the CRA in - it refers natural and legal persons pretty much everywhere; expect in 2 places.

	First - when it defines a consumer; this has to be a natural person (3.18, page 20) And secondly in recital 19, page 5 - where it refers to a legal person in the context of the definition of open source stewards.

	(references against https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202402847)	

2)	Groups of people acting in concert are generally seen as a legal person as well - even if they did not bother to create a society, trust, foundation or company. 

	So in general - it is fair to assume that one natural person teaming up with another natural person - who then work together towards a common goal is to be seen as a legal person.

So this will need clarification. The group affected are those open source developers that go beyond contributing code; i.e. are providing code; are doing this in the course of a commercial activity which they are not modernising and whose open source is not intended to be used in commercial activities.