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

["Dick Brooks" <dick@xxxxxxxxxxxxxxxxxxxxxxxxx>]

> 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.

I don't see a definition in Article 3 for "commercial activity" but I do see
a definition for:
(21) 'placing on the market' means the first making available of a product
with digital elements on the Union market;

Does "placing on the market" == "Commercial activity"

Thanks,

Dick Brooks
   
Active Member of the CISA Critical Manufacturing Sector, 
Sector Coordinating Council - A Public-Private Partnership

Never trust software, always verify and report! T
Risk always exists, but trust must be earned and awarded.T 
https://businesscyberguardian.com/ 
Email: dick@xxxxxxxxxxxxxxxxxxxxxxxxx
Tel: +1 978-696-1788


-----Original Message-----
From: open-regulatory-compliance
<open-regulatory-compliance-bounces@xxxxxxxxxxx> On Behalf Of Federico Leva
via open-regulatory-compliance
Sent: Thursday, January 2, 2025 10:50 AM
To: open-regulatory-compliance@xxxxxxxxxxx
Cc: Federico Leva <federico.leva@xxxxxxxxxxxxxxxxxx>
Subject: 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_lic
enses#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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