EU Cyber Resilience Act finalized in trilogues

by Florian Idelberger
 
Cyber Resilience Act finalized
 
On 1st of December the negotiators between the Commission, Council and the parliament reached an agreement in the trilogues on the final text (not currently publicly available) of the Cyber Resilience Act that was originally proposed by the EU commission on 15th September 2022 and which we reported on previously here.
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The EU Cyber Resilience Act (CRA) and Free and Open-Source Software

by Florian Idelberger
 
In the fall of last year, the EU Commission proposed a new regulation to improve cybersecurity in the EU. Specifically, it focuses on minimum requirements for "products with digital elements". The current proposal would likely cause irreparable harm to free and open-source software, potentially isolating the EU software market from global open-source projects.
 
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Fedora changes the classification of Creative Commons License Zero (CC0)

by Florian Idelberger

 

The Fedora Project announced that it changed its classification of CC0 for use in program source code. Free- and Open-Source software developers are not always fond of software licenses but see them more as a necessary evil. When they want to grant almost all rights away, within the limits of the law, they might choose a license such as CC0.

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Revisiting Top System

Florian Idelberger

Just this past Wednesday, the European Court of Justice handed down a judgement in the case C-13/20 Top System on the right to decompilation by a purchaser of software to fix errors, which was discussed here previously in the context of the right to repair. Read More...

Litigation on LibreOffice Derivative in Russian Courts

Dr. Till Jaeger
 
Special legal challenges with regard to free and open source software have occurred in Russian law.
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Source-available licenses - Elastiscsearch and SSPL

Florian Idelberger
 
Time and time again, companies have struggled with their licensing. It has often been a challenge for companies to find a business model that enables them to make money, but still provide truly open-source software. That said, the precise economics are often not verifiable as it is also possible that at some point a pivot to a more closed license is simply an enabler to achieve higher market share, whereas in other cases it is about survival.
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OpenChain als ISO/IEC 5230:2020 veröffentlicht

Dr. Till Jaeger
 
Das von mehreren IT-Unternehmen wie Qualcomm und Siemens initiierte und unter dem Dach der Linux Foundation organisierte OpenChain Projekt ist nunmehr als ISO-Standard akzeptiert und als ISO/IEC 5230:2020 veröffentlicht worden.
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Klage gegen NGINX wegen "Verschwörung" auf Schadensersatz in Millionenhöhe

Von: Dr. Till Jaeger
 
Im Juni 2020 hat das Unternehmen Lynwood Investmens CY Limited Klage gegen NGINX Inc. sowie zahlreiche ehemalige Entwickler des russischen Suchmaschinenanbieters Rambler und Investmentunternehmen vor dem District Court Northern District of California eingelegt. Der abenteuerlicher Fall hat das Zeug zu einem Open Source-Wirtschaftskrimi.
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The right to fix software and repair hardware

by Florian Idelberger

Two interesting developments regarding the right to repair took place recently – a request for a preliminary ruling (Working Document) was brought before the Court of Justice of the European Union, in January in which the court is asked to clarify Article 5 of Council Directive 91/250/EEC regarding decompilation to fix errors in software or disable certain functionality that is malfunctioning, and in a recent issue of Jipitec, the anti-competitive impact of software TPMs (technological protection measures) preventing repair by third parties or consumers was analysed. Both these instances are not directly connected as such, but they highlight ongoing legal uncertainty and potential hardship in applying the law on software licensing in specific cases such as repairing systems that employ TPMs and fixing software using decompilation tools or similar measures. Read More...

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