https://www.europarl.europa.eu/news/de/press-room/20231205IP...
But I have no real basis for that, I would assume that based kickstarter and co also getting money from consumers without having to abide by any consumer rights.
I assume that the option of donating while keeping the software available free of charge would fall under the same category as getting gifts from strangers
Contrary getting displaying ads directly in the app would fall under commercial activity because you force the user of the app to give you money(via an ad provider)
If I give away the software but sell support, am I only liable to customers or to everyone? Similarly, if I let people opt in to commercialization of their data, am I liable to those that opt out? Does someone signing a terms of service qualify as commercial activity?
If I fork something and give it away can I sue the person I forked it from? If I tell people "YOU ARE NOT ALLOWED TO USE THIS BUT YOU CAN FORK IT" am I liable if they ignore me? Does a fork qualify as a new product or is the original author liable?