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What might happen if the uncertainty persists around who is held responsible under the Cyber Resilience Act (CRA)? The global Open Source community is averse to legal risks and generally lacks access to counsel, so it’s very possible offers of source code will simply be withdrawn rather than seeking to resolve the uncertainty. The CRA rightly addresses the need for commercial suppliers to protect their customers from exploits and cyber attacks. But legislators have exposed the open development of software itself to the regulations rather than just the for-profit use of Open Source artifacts in the marketplace. They are incorrectly assuming that Dirk Riehle’s terminology calling single-company projects “commercial Open Source” means it’s possible to use the “commerciality” of an application to distinguish single-company activity from community projects, and by using the concepts of proprietary software to then define boundaries.

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