Drafted response to question "What criteria determine whether an open… #124
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… source project is in scope of the CRA?" This pull request contains an initial response to the question "What criteria determine whether an open source project is in scope of the CRA?". **It is not ready to be merged**, as some legal checks are required, and the segments on Open Source Stewards and manufacturers have not yet been written. It addresses issues:orcwg#16, orcwg#21, orcwg#33, and orcwg#64
maertsen
reviewed
Feb 3, 2025
faq.md
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| @@ -112,6 +112,15 @@ _It is worth noting however, that the intent of the EU legislators is to harmoni | |||
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| #### Q: What criteria determine whether an open source project is in scope of the CRA? | |||
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| - The CRA regulates _natural and legal persons_ (either an individual or an organisation that has a legal personality, like a business, foundation or charity). It places legal persons in three possible categories which with ascending requirements: out of scope, software steward, and manufacturer. | |||
| - You are **out of scope** of the CRA (meaning you are not required to comply with the regulation), if you have not placed your project on the market. This means: | |||
| - If you are not monetising your project at all, you are out of scope. | |||
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| - If you are not monetising your project at all, you are out of scope. | |
| - If you are not monetising your project at all, you are not a manufacturer. |
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Is this to imply that you can still be a software steward ?
handle manufacturer case first, clarify open source steward as per @maertsen 's proposal Co-authored-by: Maarten Aertsen <[email protected]>
Refactor of the Scope question, addition of the monetization question. Removal of points that could be considered speculative. Notes added highlighting that we are awaiting Commission Feedback.
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@maertsen i just refactored to address some of the points you raised. let me know if this is better. as soon as we know more about the legal/natural persons situation and the monetisation question, we can give more detailed information. edit: in hindsight this still doesn't address your concerns about individuals potentially being software stewards. Let's hold off on this. |
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… source project is in scope of the CRA?"
This pull request contains an initial response to the question "What criteria determine whether an open source project is in scope of the CRA?".
It is not ready to be merged, as some legal checks are required, and the segments on Open Source Stewards and manufacturers have not yet been written.
It addresses issues:#16, #21, #33, and #64