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Fwd: [OFE Open Source Community List] Update on the CRA

  • Subject: Fwd: [OFE Open Source Community List] Update on the CRA
  • From: "Theodoros G. Karounos" <karounos [ at ] eellak [ dot ] gr>
  • Date: Thu, 13 Jul 2023 17:56:00 +0300
ΓΙΑ ΕΝΗΜΕΡΩΣΗ ΚΑΙ ΣΧΟΛΙΑΣΜΟ.



---------- Forwarded message ---------
Από: Stéfane Fermigier <sf [ at ] fermigier [ dot ] com>
Date: Πέμ 13 Ιουλ 2023 στις 10:44 π.μ.
Subject: [OFE Open Source Community List] Update on the CRA
To: Open Source Community List <foss-community [ at ] openforumeurope [ dot ] org>


GitHub yesterday published an alarmist blog post on the CRA:

https://github.blog/2023-07-12-no-cyber-resilience-without-open-source-sustainability/

Particularly bad for free software companies or companies contributing to
free software is the following point:

"The current text (Recitals 10 and 10a
<https://github.blog/2023-07-12-no-cyber-resilience-without-open-source-sustainability/#parliament-itre-committee-draft-on-open-source>)
would regulate open source projects unless they have “a fully decentralised
development model.” Any project where a corporate employee has commit
rights would need to comply with CRA obligations. This turns the win-wins
of open source on its head. Projects may ban maintainers or even
contributors from companies, and companies may ban their employees from
contributing to open source at all."

These points are confirmed by the Eclipse Foundation, which is organising a
webinar today to explain the situation in more detail:

https://www.crowdcast.io/e/cra-july13

What I understand at this stage is that the Council will be adopting its
text very shortly, on the one hand, and the Parliament will be adopting its
text without a plenary vote (!), in which case the amendments that were
adopted in committee (ITRE and IMCO) will be adopted. Except that the IMCO
amendments are good, but the ITRE amendments are terrible. And as recitals
10 and 10a are the responsibility of ITRE, it is their amendments (and not
IMCO's) that will be applied.

There are therefore two urgent issues:

- Lobby the EP (-> contact MEPs) between now and Wednesday, at the very
least to ensure that the ITRE amendments are not adopted without a vote.
- Try to influence the national positions within the Council.

Finally, it should be noted that referring to the GitHub post may be
counter-productive, as many representatives or officials of the European
institutions see open source as a backdoor for the GAFAMs to escape the
responsibilities they want to impose on them.

Eclipse is likely to announce a plan of action during its webinar.

In any case, there is an urgent need to act and unite initiatives, as the
vote in Parliament is due to take place on 19 July and the Council could be
asked (by the Spanish Presidency) to reach a decision by the end of July.

Regards,

  S.

-- 
Stefane Fermigier - http://fermigier.com/ - http://twitter.com/sfermigier -
http://linkedin.com/in/sfermigier
Founder & CEO, Abilian - Enterprise Social Software -
http://www.abilian.com/
Founder & Software Architect - Nua open source PaaS project -
https://nua.rocks/
Co-Founder & Co-Chairman, National Council for Free & Open Source Software
(CNLL) - http://cnll.fr/
Co-Founder & Board Member, Association Professionnelle Européenne du
Logiciel Libre (APELL) - https://www.apell.info/
Co-Founder & Spokesperson, European Cloud Industrial Alliance (EUCLIDIA) -
https://www.euclidia.eu/

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