Am 12.11.23 um 19:01 schrieb Luca Boccassi:
Yes - if it's "made available on the market", which is in the first bit that was snipped. Pushing a repository on Gitlab is not "making available on the market".
You are wrong. It is. That's why the proposal has: "(10d) The sole act of hosting free and open-source software on open repositories does not in itself constitute making available on the market of a product with digital elements. As such, most package managers, code hosting and collaboration platforms should not be considered as distributors under the meaning of this Regulation." ... which means that GITHUB is not responsible for the repo you pushed. But you are. You are the manufacturer of that software product, you make it available, and whether this is "on the market" = commercial depends on a lot of things: how many donations you get and from whom, who your employer is, or who else is working on that repo ... and so on, depending on how the wording of CRA-Recital 10 will turn out in the end. You better ask your lawyer.
