= CRA & PLD: Liability rules with large exemptions for Free Software are introduced =
[ Read online: https://fsfe.org/news/2024/news-20240312-01.en.html ]
With today's votes on CRA and PLD on the introduction of liability rules
for software, a broad exception for Free Software was made, so that
after long and intense debates individual developers and non for profit
work are safeguarded.
On Tuesday, March 12, the two votes in the plenary of the European
Parliament on the Cyber Resilience Act (CRA) and the Product Liability
Directive (PLD) marked the provisional end of a long debate on the
introduction of liability rules for software - with a broad exemption
for Free Software.
Already at an early stage, the FSFE argued in a hearing in the EU
Parliament [1], for the inclusion of clear and precise exemptions for
Free Software development in the legislation and for liability to be
transferred to those who significantly financially benefit from it on
the market.
The co-legislators have largely complied with our demands and following
intensive debates, have significantly improved the Commission’s
proposal, by introducing an exemption for Free Software and including it
in the articles of the regulation. In the future, individual developers
and non-profit development of Free Software will be exempt from the CRA
and the PLD. Nevertheless, the wording in both the regulations are
different and a standardisation processes and guidelines are still being
drawn up. We will therefore closely monitor the implementation and
whether Software Freedom is protected accordingly. The efforts of Free
Software advocates have also helped to ensure that decision maker in EU
institutions now have a better understanding of Free Software and its
various stakeholders, which will be useful in future debates.
"In the debate about liability rules for Free Software, it has
become clear how important Free Software is for our economic and
social development. On the other hand, it has also become clear what
needs to be taken into account in the Regulation when it comes to
software freedom. This has shown the immense importance of working
together with the various stakeholders in Free Software development
and distribution and as well as to understand and accommodate the
different interests of these players," concludes Alexander Sander,
FSFE`s Senior Policy Consultant.
1: https://fsfe.org/news/2023/news-20230323-01.en.html
== About the Free Software Foundation Europe ==
Free Software Foundation Europe is a charity that empowers users to
control technology. Software is deeply involved in all aspects of our
lives; and it is important that this technology empowers rather than
restricts us. Free Software gives everybody the rights to use,
understand, adapt and share software. These rights help support other
fundamental freedoms like freedom of speech, press and privacy.
The FSFE helps individuals and organisations understand how Free
Software contributes to freedom, transparency and self-determination. We
enhance users' rights by abolishing barriers to Free Software adoption,
encourage people to use and develop Free Software, and provide resources
to enable everyone to further promote Free Software in Europe.
https://fsfe.org
= Let’s make Device Neutrality a reality in Europe! =
[ Read online: https://fsfe.org/news/2024/news-20240307-01.en.html ]
As the Digital Markets Act comes into effect today, Device Neutrality
starts to become a tangible reality in the European Union. While
acknowledging the new law, the FSFE alerts that this is only the first
step and further commitment is necessary.
Digital devices are becoming increasingly important tools in our daily
tasks, with more and more of us using them in different areas of our
lives. However, we, as end-users, are losing control over them –
especially the ability to run Free Software – due to unfair practices by
device manufacturers, vendors, and platforms.
Device Neutrality [1] aims to restore end-user control over devices by
ensuring software freedom in devices, protecting users from lock-ins and
promoting their control over data in devices. It seeks to enable end-
users to run the software of their choice and use services independently
of the control exercised by hardware manufacturers, vendors, and
platforms, known as gatekeepers.
Some aspects of Device Neutrality are imposed on large tech companies by
the Digital Markets Act (DMA) [2], a recent EU law that enters into
force on 7 March, to reestablish higher degrees of competition in
digital markets. Therefore, the DMA will be applicable to six
gatekeepers [3]: Alphabet, Amazon, Apple, Bytedance, Meta, and
Microsoft.
The FSFE has been involved with the DMA throughout the legislative
process, and welcomes its entry into force, which makes several elements
of Device Neutrality legally enforceable. However, while the DMA
represents a very important step in holding gatekeepers accountable for
their negative disruptions and distortions in digital markets, the law
alone is not enough to promote Device Neutrality to the extent necessary
to re-empower end-user control over devices.
== The Digital Markets Act: only a first step towards Device Neutrality ==
Initially, the enforcement of the DMA will be challenging, as the law
addresses diverse aspects of devices including the (un)installation of
software, the use of third-party apps stores and payment systems,
interoperability obligations for operating systems and messaging apps,
and some degree of real-time data portability. Imposing legal
obligations on such elements will require considerable enforcement
efforts and proper monitoring of the technical solutions implemented by
the gatekeepers.
Besides, similarly to Router Freedom [4] where network operators create
various barriers and hurdles for end-users to exercise that right,
gatekeepers may try hard to avoid implementing solutions that will fully
benefit end-users, but rather may use the law in ways that can hinder
end-users’ rights related to Device Neutrality. For instance, the tech
company Apple – one of the gatekeepers – has already gone to court to
avoid the DMA obligations, and decided to implement an absurd strategy
against third-party apps stores (PDF) [5] that will negatively impact
the ability of alternatives such as F-Droid to enter iOS environments.
For these reasons, the FSFE will collaborate with the European
Commission and other regulators to monitor compliance with the DMA, so
that the DMA will act as a catalyst for Device Neutrality rather than an
additional barrier to it.
“DMA represents a bold step from the EU to regulate large companies
acting as gatekeepers over devices. However, proper implementation
of the law will be challenging, and it will require strict
monitoring from civil society to safeguard Device Neutrality. Open
Internet needs Device Neutrality. Free Software is key to achieve
that”.
-Lucas Lasota, FSFE’s Legal Programme Manager -
== Going beyond very large platforms ==
The DMA is limited to big tech companies. The law only applies to
enterprises providing services to at least 45 million monthly active
end-users established or located in the EU on a yearly basis. Taking
into account other quantitative restrictions, Device Neutrality is
safeguarded by the law against only a handful of gatekeepers. Smaller
companies may also engage in predatory behavior against Device
Neutrality, negatively impacting end-users' rights. However, they are
not covered by the DMA.
That’s why the FSFE is promoting Device Neutrality in a much broader
context to include not only large companies but any device manufacturer,
vendor, or platform. We strongly believe that software freedom should be
the default standard and end-users should not be imprisoned into lock-
ins. Tech companies should not trap users into walled gardens that limit
what they can do with their devices.
In parallel to its involvement with the DMA, the FSFE is launching a new
website for Device Neutrality [6] to raise public awareness of topics
concerning Device Neutrality. This site points to in-depth insights
about Device Neutrality and Free Software, downloadable promotional
material, and ways to spread the word. Check it out!
== Supporting the work on Device Neutrality ==
Higher degrees of openness and equality in digital markets can only be
achieved when end-users can enjoy software freedom with their devices.
The DMA is the first step, and the FSFE will continue to work for Device
Neutrality in different areas: monitoring DMA implementation, overseeing
compliance, collaborating with regulators and policy makers, promoting
public awareness, and expanding the agenda beyond gatekeepers. For that,
we count on your support for our work with a donation. Get active and
help us empower you to regain control over your devices!
I want to donate for Device Neutrality! [7]
1: https://deviceneutrality.org/
2: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R1925
3: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4328
4: https://fsfe.org/activities/routers/routers.en.html
5: https://download.fsfe.org/device-neutrality/fsfe-apple-report-final.pdf
6: https://deviceneutrality.org/
7: https://my.fsfe.org/donate?referrer=https://fsfe.org/news/2024/news-2024030…
== About the Free Software Foundation Europe ==
Free Software Foundation Europe is a charity that empowers users to
control technology. Software is deeply involved in all aspects of our
lives; and it is important that this technology empowers rather than
restricts us. Free Software gives everybody the rights to use,
understand, adapt and share software. These rights help support other
fundamental freedoms like freedom of speech, press and privacy.
The FSFE helps individuals and organisations understand how Free
Software contributes to freedom, transparency and self-determination. We
enhance users' rights by abolishing barriers to Free Software adoption,
encourage people to use and develop Free Software, and provide resources
to enable everyone to further promote Free Software in Europe.
https://fsfe.org