I think a lot of discussion is missing the point of open source...

The EU has put in a lot of effort to create new laws for the digital age, starting in the nineties (e.g. consumer protection in the digital world) and the last few years with an avalanche of new statutes (some of them replacing/updating previous): DMA, SDA, CRA, GPRD, etc. In most of these special provisions exist for FOSS. It is not that the EU lacks initiative, but it has to cope with lots of pressure.