Recital 18 Definition of free and open-source software

Free and open-source softwaremeans software the source code of which is openly shared and which is made available under a free and open-source licence which provides for all rights to make it freely accessible, usable, modifiable and redistributable; is understood as softwaremeans the part of an electronic information system which consists of computer code; the source code of which is openly shared and the licensing of which provides for all rights to make it freely accessible, usable, modifiable and redistributable. Free and open-source softwaremeans software the source code of which is openly shared and which is made available under a free and open-source licence which provides for all rights to make it freely accessible, usable, modifiable and redistributable; is developed, maintained and distributed openly, including via online platforms. In relation to economic operatorsmeans the manufacturer, the authorised representative, the importer, the distributor, or other natural or legal person who is subject to obligations in relation to the manufacture of products with digital elements or to the making available of products with digital elements on the market in accordance with this Regulation; that fall within the scope of this Regulation, only free and open-source softwaremeans software the source code of which is openly shared and which is made available under a free and open-source licence which provides for all rights to make it freely accessible, usable, modifiable and redistributable; made available on the market, and therefore supplied for distribution or use in the course of a commercial activity, should fall within the scope of this Regulation. The mere circumstances under which the product with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; has been developed, or how the development has been financed, should therefore not be taken into account when determining the commercial or non-commercial nature of that activity. More specifically, for the purposes of this Regulation and in relation to the economic operatorsmeans the manufacturer, the authorised representative, the importer, the distributor, or other natural or legal person who is subject to obligations in relation to the manufacture of products with digital elements or to the making available of products with digital elements on the market in accordance with this Regulation; that fall within its scope, to ensure that there is a clear distinction between the development and supply phases, the provision of products with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; qualifying as free and open-source softwaremeans software the source code of which is openly shared and which is made available under a free and open-source licence which provides for all rights to make it freely accessible, usable, modifiable and redistributable; that are not monetised by their manufacturersmeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; should not be considered to be a commercial activity. Furthermore, the supply of products with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; qualifying as free and open-source softwaremeans software the source code of which is openly shared and which is made available under a free and open-source licence which provides for all rights to make it freely accessible, usable, modifiable and redistributable; componentsmeans software or hardware intended for integration into an electronic information system; intended for integration by other manufacturersmeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; into their own products with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; should be considered to be making available on the marketmeans the supply of a product with digital elements for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; only if the componentmeans software or hardware intended for integration into an electronic information system; is monetised by its original manufacturermeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge;. For instance, the mere fact that an open-source softwaremeans the part of an electronic information system which consists of computer code; product with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; receives financial support from manufacturersmeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; or that manufacturersmeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; contribute to the development of such a product should not in itself determine that the activity is of commercial nature. In addition, the mere presence of regular releases should not in itself lead to the conclusion that a product with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; is supplied in the course of a commercial activity. Finally, for the purposes of this Regulation, the development of products with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; qualifying as free and open-source softwaremeans software the source code of which is openly shared and which is made available under a free and open-source licence which provides for all rights to make it freely accessible, usable, modifiable and redistributable; by not-for-profit organisations should not be considered to be a commercial activity provided that the organisation is set up in such a way that ensures that all earnings after costs are used to achieve not-for-profit objectives. This Regulation does not apply to natural or legal persons who contribute with source code to products with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; qualifying as free and open-source softwaremeans software the source code of which is openly shared and which is made available under a free and open-source licence which provides for all rights to make it freely accessible, usable, modifiable and redistributable; that are not under their responsibility.