Comment by Yokohiii

4 days ago

Most proprietary services would process user data.

It's also naive to believe that a fraction of open source in a companies pipeline would give them a free pass for everything.

But the text says "or," not "and." So by my interpretation if you process user data but are available via "free, public" repo, you're not covered. I presume "free" is defined elsewhere in the text, and that it approximates "open-source."

  • >(3) THIS ARTICLE 30 DOES NOT APPLY TO:

    (e) AN OPERATING SYSTEM PROVIDER OR DEVELOPER THAT DISTRIBUTES AN OPERATING SYSTEM OR APPLICATION UNDER LICENSE TERMS THAT PERMIT A RECIPIENT TO COPY, REDISTRIBUTE, AND MODIFY THE SOFTWARE WITHOUT ANY PLATFORM-IMPOSED TECHNICAL OR CONTRACTUAL RESTRICTIONS IMPOSED BY THE PROVIDER OR DEVELOPER ON INSTALLING ALL MODIFIED VERSIONS.

    • Aha, thanks! So I think that raises the question of whether e.g. RHEL is affected. Technically it could be argued that they don't add any additional restrictions, but I wonder if Colorado will see it that way.