> whether “open source” is exempt from liability in a law designed to protect consumers. So far the answer is “probably not?” Exemption means consumers bear the cost – exactly what the law is trying to change. Perhaps if the open source in question remains an academic or research tool, versus reaching consumers, we’re okay? The proof may come when the first consumer demands compensation, and the courts step in.
> In 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.
https://www.europarl.europa.eu/RegData/etudes/BRIE/2023/7393...