The EU’s proposed Cyber Resilience Act (CRA) aims to regulate software security by implementing best practices for products with digital elements. However, the act fails to understand the nuances of open source software and the diverse community behind it. Open source developers, who often lack the resources and revenue to meet government standards, may be disproportionately affected. Concerns have been raised that the CRA could fragment the open source community and hinder the availability of globally maintained open source software in Europe. To address these issues, organizations such as the Linux Foundation Europe and the Open Source Initiative are urging developers to participate in the discussion and educate policymakers on the challenges faced by the open source development community. Failure to do so may result in legal complications that impede open source development in the future.
| Signal | Change | 10y horizon | Driving force |
|---|---|---|---|
| EU’s Cyber Resilience Act contains a poison pill for open source developers | Regulation of software security for open source developers | Open source developers may face legal and financial responsibilities | Lack of understanding about open source software |
| Some of the proposed regulations are unattainable | Difficulty in meeting software security requirements | Manufacturers prioritize timely delivery of product updates | Regular discovery of new vulnerabilities |
| Developers may block delivery of their work to European IP addresses | Limited access to open source software in Europe | Potential geo-blocks to avoid international liability issues | Concerns about legal and financial responsibility |
| Open source developers may bear legal and financial responsibility for their components | Potential legal and financial consequences for open source developers | Authors of open source components may face liability issues | Lack of clarity in the proposed law |
| Open source community calls for education and participation in the discussion | Efforts to educate EU officials about open source software | Prevention of an ugly legal mess hindering open source development | Lack of knowledge about open source software |