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EU situation should be looked at by everyone

EU situation should be looked at by everyone

Posted Dec 13, 2023 1:32 UTC (Wed) by bluca (subscriber, #118303)
In reply to: EU situation should be looked at by everyone by khim
Parent article: Bottomley: Solving the Looming Developer Liability Problem

> What legal entity?

The one that sells the VCRs you were talking about, obviously, they are the ones putting a product on the market.

> I'm not sure if Isaac Richards passed rights for mythtv.org to someone

I have no idea who that is, but as long as they are not selling in the single market, there's nothing for them to do

> but even if he did there are lots of projects out there which work as critical part of our digital infrastructure yet are still, formally, personal projects of someone.

Projects don't end up as "critical infrastructure" by osmosis. Somebody puts them there. A repository on Github doesn't magically end up running a power plant all by itself.

> Nah

Very much yes. Try and go sell cars with non-working seat belts and refuse to recall them and fix them, and see how far you go before you are dragged in court.

> you get billions of government bailouts.

What bailouts? What are you on about?

> Only if you couldn't fix things that you are required to fix

Yes, exactly

> even with government subsidies.

What's this obsession with "government subsidies"? Are you American by any chance?

> Not before you would get money to fix the issues and recommendations to follow.

Receive money? From whom? Can I get some too?

> Who said it's any different?

You did

> EU does work to ensure businesses survive

No, it does work to ensure the _market_ survives, which crucially includes customers. Ever heard of the GDPR? Find me one business that liked that

> electronics consumer market is not an exception.

It very much is right now, before this regulation fixes it

> Yes, there are both stick (government makes sure there are requirements to follow) and carrot (government makes sure requirements are not too onerous and only affect the ones unwilling to follow the requirements).

Sticks were notably absent, until the CRA came along

> Electronics consumer marker is not treated any differently.

It's fundamentally different right now. Try selling cars with non-working brakes and refuse to recall them to fix them, and see how you fare. Now try selling phones with known security vulnerability and refuse to fix them - no need to use your imagination, this happens daily all over the European market.

> Right now yes.

That's weapons grade nonsense

> And that's what EU is fixing.

No, the EU is fixing a fundamentally broken market where corporations take advantage of a lack of rules and regulation to push out known broken products with no liability, putting customers at risk

> Yes.

Indeed

> And EU, quite sensibly, says that these entities have well-known names: Apache Software Foundation, Linux Foundation, Debian and so on.

The EU never said any such thing

> Significant amount of code in Debian is created by huge corporations, after all.

And nobody cares, since Debian is not a product, so it could be made by green men from Mars for all that it would matter

> Critical pieces, without which Debian wouldn't exist: GCC, Clang, Linux kernel and lots of other software. Which is a fact.

It also wouldn't exist without oxygen and electricity. Which is also a fact.

> And, according to EU, the whole scheme with “noncommercial foundation which couldn't be held responsible” is just a thinly veiled scheme to shirk responsibility.

Debian is not a foundation, so I have no idea what you are talking about at this point, but I suspect that you don't either

> Why should it be allowed to continue?

Because it's not a product on the market. We've been over this already, it's not that difficult.

> Lawmakers are equally baffled.

By posts such as yours and FUD blog posts by the ASF? Probably, assuming they ever came across them, they would be I imagine, yes

> I mean: does a car dealer have a liability if car have defect?

Obviously? Why would the shop of a car company that sells to the public not be liable?

> Only if said dealer tinkered with it and made it unsafe, right?

Uh? Why would a car company seller "tinker" with a car that they got from their employer and that they are selling on their behalf?

> Why then someone who sells you Debian or PostgreSQL should be held responsible if that's not their fault?

Because they are putting a product on the market. I really don't see what's so difficult about this, it seems really straightforward.


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