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Re: [open-regulatory-compliance] A more positive take on CRA FAQs and flowcharts

Ilu via open-regulatory-compliance kirjoitti 2.1.2025 klo 13.34:
"If you are a hobbyist without commercial activity or financial interest
in software development of any kind or form and without a team around
you, the CRA is not for you.
If you are not sure about being a hobbyist of that kind, better prepare
to comply with CRA,

This is hardly reassuring. Pretty much anything can be classified as commercial, and making "commercial" sound like an edge case would defeat the entire point.

https://www.gnu.org/philosophy/selling.html
https://opensource.org/faq#commercial
https://meta.wikimedia.org/wiki/Free_knowledge_based_on_Creative_Commons_licenses#whatiscommercial

The CRA contains 12 occurrences of the expression "commercial activity", without this expression having a generally accepted definition (AFAIK). Considering that "commercial" is often a property defined in local taxation legislation, and that it's almost impossible for the EU to pass regulations on matters of taxation, this is very poor legal hygiene (but something the Council obviously appreciates, in order to bypass Parliament).

So, sure, we need to accept the realities of the CRA, but no, we don't need to embrace the brokenness of "commercial activity" criteria as if they were useful.

Best,
	Federico


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