On Wed, Nov 22, 2023 at 07:16:48PM +0100, Bart Martens wrote: > Hello, I hereby welcome seconds for adding this text to 2023/vote_002 > as a separate proposal. > > START OF PROPOSAL TEXT > > Debian Public Statement about the EU Cyber Resilience Act (CRA) and the > Product Liability Directive (PLD) > > The CRA includes requirements for manufacturers of software, followed > up by the PLD with compulsory liability for software. The Debian > project has concerns on the impact on Free and Open-Source Software > (FOSS). > > The CRA makes the use of FOSS in commercial context more difficult. > This goes against the philosophy of the Debian project. The Debian Free > Software Guidelines (DFSG) include "6. No Discrimination Against Fields > of Endeavor - The license must not restrict anyone from making use of > the program in a specific field of endeavor." A significant part of the > success of FOSS is its use in commercial context. It should remain > possible for anyone to produce, publish and use FOSS, without making it > harder for commercial entities or for any group of FOSS users. > > The compulsory liability as meant in the PLD overrules the usual > liability disclaimers in FOSS licenses. This makes sharing FOSS with > the public more legally risky. The compulsory liability makes sense for > closed-source software, where the users fully depend on the > manufacturers. With FOSS the users have the option of helping > themselves with the source code, and/or hiring any consultant on the > market. The usual liability disclaimers in FOSS licenses should remain > valid without the risk of being overruled by the PLD. > > The Debian project asks the EU to not draw a line between commercial > and non-commercial use of FOSS. Such line should instead be between > closed-source software and FOSS. FOSS should be entirely exempt from > the CRA and the PLD. > > END OF PROPOSAL TEXT seconded, thank you. -- cheers, Holger ⢀⣴⠾⠻⢶⣦⠀ ⣾⠁⢠⠒⠀⣿⡁ holger@(debian|reproducible-builds|layer-acht).org ⢿⡄⠘⠷⠚⠋⠀ OpenPGP: B8BF54137B09D35CF026FE9D 091AB856069AAA1C ⠈⠳⣄ The upcoming clima apocalypse is the big elephant in every room now.
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