9 Amendments of Svenja HAHN related to 2022/0302(COD)
Amendment 75 #
Proposal for a directive
Recital 10
Recital 10
(10) In certain Member States, injured persons may be entitled to make claims for damages caused by pharmaceutical products under a special national liability system, with the result that effective protection of consumers in the pharmaceutical sector is already attained. The right to make such claims should remain unaffected by this Directive. Furthermore, amendments to such special liability systems should not be precluded as long as they do not undermine the effectiveness of the system of liability provided for in this Directive or its objectives.
Amendment 83 #
Proposal for a directive
Recital 13
Recital 13
(13) In order not to hamper innovation or research, this Directive should not apply to freResearch by the European Commission shows that Open Source software contributes between €65bn - €95bn to the European Union’s GDP, and provides significant growth opportunities for the Union economy. Therefore, in order not to hamper innovation or research, freeware and open-source software developed or supplisupplied or developed outside the course of a commercial activity. This is in particular the case for software, including its source code and modified versions, that is openl should not be covered by this directive. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by schared and freely accessible, usable, modifiable and redistributable. However wging a price for technical support services, by providing a software platform the core functionality of which relies on othere software is supplied in exchange for a pricervices which the manufacturer monetises, or by the use orf personal data is usedfor reasons other than exclusively for improving the security, compatibility or interoperability of the software, and is therefore supplied in the course of a commercial activity, the Directive should apply.
Amendment 86 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Due to the permissive nature of open-source licences, open-source software can be used as a component in products without need for the consent or knowledge of the original author, allowing for manufacturers to build new products and services quickly, however open-source software developers are not necessarily compensated for this use and often work on the software in their free time. Therefore, when a manufacturer uses open-source software as a component in a product, the manufacturer of the product should be liable for the component unless otherwise agreed, for instance through the provision of commercial technical support either by the developer or a third-party.
Amendment 87 #
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) Public open-source code and software repositories allow developers to access a wide range of resources for software development, and allow for developers to share their code with the wider open-source community. These repositories operate as a public good, and therefore should not be considered as providers, manufacturers, importers or distributors, nor should their activity be considered as commercial within the meaning of this directive.
Amendment 88 #
(14) Digital manufacturing files, which contain the functional information necessary to produce a tangible item by enabling the automated control of machinery or tools, such as drills, lathes, mills and 3D printers, should be considered as products, in order to ensure consumer protection in cases where such files are defective. For the avoidance of doubt, it should also be clarified that electricity is a product. Open-Source digital manufacturing files should be considered as open-source software.
Amendment 185 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This directive shall not apply to freeware and open-source software, unless: (a) the developer or a third-party has explicitly agreed to accept liability, for instance, as part of the provision of technical support services, either with a user, or with a manufacturer who wishes to use the software as a component in their own products. (b) the software is provided in the course of commercial activity, either by: (i) charging a price for a product; (ii) providing a software platform reliant on other services which the manufacturer monetises (iii) using personal data generated by the software for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
Amendment 193 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) any rights which an injured person may have under national rules concerning contractual liability or concerning non- contractual liability on grounds other than the defectiveness of a product as provided for in this Directive, including national rules implementing Union Law, such as [AI Liability Directive];
Amendment 256 #
Proposal for a directive
Article 4 – paragraph 1 – point 17 a (new)
Article 4 – paragraph 1 – point 17 a (new)
(17a) ‘freeware’ means proprietary software that is provided at no cost to the user, but cannot be distributed, studied, changed, improved, integrated into other products or provided as a service without the consent of the author.
Amendment 259 #
Proposal for a directive
Article 4 – paragraph 1 – point 17 b (new)
Article 4 – paragraph 1 – point 17 b (new)
(17b) ‘open-source software’ means software distributed under a licence which allows users to run, copy, distribute, study, change and improve it freely, as well as to integrate it as a component in other products, provide it as a service, or provide commercial support for it.