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That is a brilliant question. I would add to this that consideration of open source projects in general have many contributors. Would that make a company contributing to the code-base “that may include individual contributors who reside in countries designated on the violators list” at risk? Remember that there is no requirement to vet contributions by nationality or residency? This is a question that really requires a Legal opinion and perhaps a change to German law clarifying this.
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On Jul 1, 2021, at 7:32 AM, Dirk Riehle <firstname.lastname@example.org> wrote:
On 01.07.21 13:35, Carlo Piana wrote:
I guess a German Lawyer should reply.It is also my guess that you need an explicit supply contract to establish the supplier relationship formally.
In general terms, as I have been pondering it on other accounts, I would suggest that making FOSS generally available does not qualify as a supplier relationship. One needs to have a development agreement or a support agreement for that. This could also include developing FOSS to be given at large.
If you do it within a holding company (inner source) that formal relationship is established automatically, even if you don't put something down in writing. In open source, this is not the case AFAIK.
Morally, and the thrust of the law is a moral one, in-kind compensation or just the dependency still might create public backlash.
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