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

[JBC offsite]

On the CRA, Mike was gracious enough to note in his first blog post
that, while Eclipse and a few other big shops might be able to
metabolize the overhead of all the
conformity/safety-testing-and-certifying that a regulatory regime
might impose ... most FOSS shops could not.  But as he also notes,
this EU proposal probably comes from a place of good will:  it's not a
deliberate attack on noncommercial / indie code development.  In case
this didn't get mentioned in the thread, there's more of a discussion
of this ongoing legislative issue in Open Forum Europe channels.   
Jamie usually from OASIS but personal views only here.
On 2/23/2023 at 2:39 PM, "Mike Milinkovich"  wrote:                  
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[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       Product        
Liability Directive[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
         
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