Re: [open-regulatory-compliance] Is there anything outside the scope of

[Dirk-Willem van Gulik <dirkx@xxxxxxxxxxxxxx>]

On 2 Jan 2025, at 12:09, Olle E. Johansson via open-regulatory-compliance <open-regulatory-compliance@xxxxxxxxxxx> wrote:

On 2 Jan 2025, at 12:05, Daniel Thompson-Yvetot via open-regulatory-compliance <open-regulatory-compliance@xxxxxxxxxxx> wrote:

The following has been on my mind the past few months, and I have been point-blank asked several times:

As have many others

Specifically, where do we draw the line in software distribution / usage method? I have "heard" conflicting perspectives. (i.e. SaaS is to be covered entirely by the DSA, etc.)
 
Here are a few examples (assuming all use network connections above and beyond an updating mechanism)

1. Downloaded DMG / EXE / DEB / AAB / APK / etc. installed on the user's device

2. Webapp loaded and run entirely through a browser

3. The Admin interface for an e.g. wordpress website (is the website itself an app, or just the administrator UI, or neither?)

4. PWA downloaded and run "standalone" as an app with a desktop icon and no "browser-chrome"

5. A REPL in a browser tab

6. SaaS product of any type

7. Discrete tooling to make software, such as a workflow or action in CI/CD
8. A CLI tool like iftop / curl

9. A docker container

n. Others I am probably forgetting.

10. Source-code only distribution (no compiled executables) - like clone from github or download tarball

11. Source-code only distribution (no compiled executables) - like clone from github or download tarball that directly or indirectly includes the configuration or scripts to allow for automatic inclusion into a CI/CD build pipeline as a transitive dependency.

The reason for adding this is that i rather see us define this well - then rely on the courts in the future to figure this out. Akin to what we see in normal CE products and parts/ingredients where the part-seller has actively taken steps to further a certain type of use / had very clear visibility of that use & (e.g. through sales collateral, etc) a reasonable buyer could assume it to be fit for that purpose.

Dw