(no title)
Sukera | 1 year ago
> (10c) the mere fact that an open-source software product receives financial support by manufacturers or that manufacturers contribute to the development of such a product should not in itself determine that the activity is of commercial nature.
> (10) Accepting donations without the intention of making a profit should not be considered to be a commercial activity.
> (10c).. for the purpose of this Regulation, the development of products qualifying as free and open-source software by not-for-profit organisations should not be considered a commercial activity as long as the organisation is set up in a way that ensures that all earnings after cost are used to achieve not-for-profit objectives.
See https://berthub.eu/articles/posts/eu-cra-what-does-it-mean-f...
graemep|1 year ago
That is still a problem: https://berthub.eu/articles/posts/eu-cra-what-does-it-mean-f...
> the mere fact that an open-source software product receives financial support by manufacturers or that manufacturers contribute to the development of such a product should not in itself determine that the activity is of commercial nature.
That just means that a business can donate to a non-profit project. Such a business would still need to not profit from the project in anyway. Why would a business help develop something it does not profit from?
> for the purpose of this Regulation, the development of products qualifying as free and open-source software by not-for-profit organisations should not be considered a commercial activity as long as the organisation is set up in a way that ensures that all earnings after cost are used to achieve not-for-profit objectives
So again, an organisation can, provided it no profit.
These are very narrow exemptions.
temac|1 year ago
The notion of "accepting donations without the intention of making a profit" seems insane, too.
graemep|1 year ago
So an organisation can pay developers to work on it, cover hosting costs etc. but they have to be careful not to accept donations for more than that. A non-profit can accept more provided it is used for the right objects.
I have no idea (neither does the author of the article) where that leaves an individual developer who accepts donations to cover the value of their time.