That is actually kinda concerning, if my MIT license of "no guarantee" won't protect me.
Other commenters who got it:
See here for example: https://www.euractiv.com/section/digital/news/eu-updates-pro...
Specifically: “The Directive will not apply to free and open-source software developed or supplied outside a commercial activity. The liability rules apply when the software is supplied in exchange for a price or personal data used for anything other than improving the software’s security or compatibility.”
IMHO the original article is either wrong or trying to spread FUD.
My take is, if this law passes, I’m an EU citizen, and I use your MIT software without paying you and without engaging with it through some service of yours (e.g. sevaghbook.com) then you’re not liable if I get damaged.
But here it is:
https://www.europarl.europa.eu/RegData/etudes/BRIE/2023/7393...
> With the aim of not hampering innovation: (i) free and open-source software developed or supplied outside the course of commercial activity, as well as (ii) the source code of software, should be excluded from the definition of products covered under the proposal.
How does being liable for damages caused by software or services you sell equate to being an idiot? I just see it as the normal way to do business, and the reason why limited liability (the way I’ve been doing business for more than 2 decades) exists.
In light of it, I think the article I found didn’t link to it out of sloppiness, because their summary seems reasonably accurate to me, and the fine article didn’t link to it because they want to spread FUD, as the text you quoted directly contradicts some of the fear mongering in the original article.
IANAL but it seems clear cut to me: if you asked for money in exchange for your software (or to access to your software through an API or similar), or if you asked for personal information (in exchange for your software) then you’re liable, otherwise, you’re not.