this post was submitted on 16 Jul 2023
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99% of open source software development is part of a commercial activity.
As I understand it - and I'm not sure I do - the act essentially makes contributors to open source software legally responsible for security. And the penalty for failing to comply is 15 million Euros.
Combine a fine I can't afford, with legislation I'm not qualified to understand (I am not a lawyer), and basically I'm just going to have to stop writing open source software. I can't afford to pay a lawyer to check if I'm in compliance, so I have to assume I could be fined. Which just isn't worth the risk.
No it doesn't. It makes IBM responsible for what it ships in Red Hat, it doesn't apply to someone that made some library in their weekend that somehow ended up on all Linux distributions.
That may be the intent, but laws have side effects and bureaucrats are all too eager to enforce them.
Hows does the limitation of liability section in basically every open source license factor into this? It seems like you'd be fine as long as you aren't personally using the code commercially? Or would this new law somehow override the open source license?
The latter. The law always takes precedence over contract terms.