[License-discuss] Reconsidering the "unless required by applicable law" clauses on warranties and limitations of liability

[Mike Milinkovich]

On 2023-02-20 1:36 p.m., Brian Behlendorf wrote:
> On Sat, 18 Feb 2023, Thorsten Glaser wrote:
>> What is a CRA? Assuming you don’t means clan restoration act here…
>
> Cyber Resiliency Act, the prompt for this thread:
>
> https://eclipse-foundation.blog/2023/01/15/european-cyber-resiliency-act-potential-impact-on-the-eclipse-foundation/

For those who are interested in this topic, I've written a second blog 
post 
<https://eclipse-foundation.blog/2023/02/23/cyber-resilience-act-good-intentions-and-unintended-consequences/>[1] 
on the unintended consequences of the Cyber Resilience Act.

I have also recently come to realize that the CRA needs to understood as 
a companion piece to the revised 
<https://www.europarl.europa.eu/RegData/etudes/BRIE/2023/739341/EPRS_BRI(2023)739341_EN.pdf> 
Product Liability Directive 
<https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52022PC0495&from=EN>[2][3]. 
AIUI the CRA is the legislation that makes the open source community 
/responsible /for the CE Mark validation for all of its software, and it 
is the PLD that makes the open source community /liable /for any defects.

I cannot stress enough how damaging these soon-to-be laws are to the 
future viability of open source as we know it.

[1] 
https://eclipse-foundation.blog/2023/02/23/cyber-resilience-act-good-intentions-and-unintended-consequences/
[2] 
https://www.europarl.europa.eu/RegData/etudes/BRIE/2023/739341/EPRS_BRI(2023)739341_EN.pdf
[3] 
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52022PC0495&from=EN

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.opensource.org/pipermail/license-discuss_lists.opensource.org/attachments/20230223/6c5ecb82/attachment.html>