Open Source

31133 readers

611 users here now

All about open source! Feel free to ask questions, and share news, and interesting stuff!

Useful Links

Rules

Posts must be relevant to the open source ideology
No NSFW content
No hate speech, bigotry, etc

Related Communities

Community icon from opensource.org, but we are not affiliated with them.

founded 5 years ago

MODERATORS

[email protected]

222

The European regulators listened to the Open Source communities! (blog.opensource.org)

submitted 9 months ago by [email protected] to c/[email protected]

14 comments fedilink hide all child comments

you are viewing a single comment's thread
view the rest of the comments

[–] [email protected] 2 points 9 months ago* (last edited 9 months ago) (1 children)

clearly ensure that responsibility for CE marks does not rest with any actor who is not a direct commercial beneficiary of deployment

Does that apply to open source hardware? Like, can I make a crane that absolutely kills people due to mechanical errors in the design (unintentional) or a space heater that catches fire or a e-Bike that explodes someone's nuts off and be ok?

[–] [email protected] 5 points 9 months ago* (last edited 9 months ago) (1 children)

If you are making a crane, I find it hard to believe you would give the crane itself away for free, since you have to recoup your costs. So that point you are selling cranes and engaging in commerce, so they have jurisdiction to regulate you.

If you make and publish designs for a crane, or you speculate on how cranes ought to be built, it's your right to free speech. Think about it, even an engineering textbook must describe how to design an unsafe bridge to teach you how to build a safe one. It will show you examples of famous collapsed bridges, perhaps with full blueprints and design instructions.

[–] [email protected] 1 points 9 months ago* (last edited 9 months ago) (1 children)

I'm talking about designs. Like full CAD and step-by-step documentation.

So someone else follows your designs, builds the thing, and dies. The reason tbey died is objectively due to a design flaw, not a mistske in building to spec. Does the EU make you legally liable?

[–] [email protected] 2 points 9 months ago* (last edited 9 months ago)

EU don't, but you need to make sure about the country in which you operated the crane as each EU country has its own laws and EU directives are not laws.

I doubt you can be held responsible in such a case unless you are a civil engineer enabled to publish such designs and you did so by stating that those designs are in fact good to go.

If I build my own crane and die or, worse, kill somebody operating it I am the only one responsible even if my uncle told me how to do so.