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Re: [open-regulatory-compliance] A more positive take on CRA FAQs and flowcharts
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Am 02.01.25 um 16:49 schrieb Federico Leva via open-regulatory-compliance:
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.
The FOSS exception in Rec 18 makes "commercial" the edge case, not me.
No commercial activity "of any kind or form" means absolutely no
connection - being a professional developer obviously constitutes such a
connection. This is the most reassuring wording we can dare to use.
Everybody beyond this kind of hobbyist needs to assess their individual
situation. Since we do not know that individual situation we cannot make
any statements about it.
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
These sources have nothing to say in the realm of the law.
The relevant definition is in the Blue Guide: "Commercial activity is
understood as providing goods in a business related context."
The FOSS exception in Rec 18 uses exactly these terms seven times.
Embrace it or not, it's the reality of the CRA.
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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