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6 changes: 3 additions & 3 deletions faq.md
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Expand Up @@ -47,15 +47,15 @@ See [FAQ README][].
### Open source projects

* [What criteria determine whether an open source project is in scope of the CRA?](https://cra.orcwg.org/faq/projects/scope/) <a name="q-what-criteria-determine-whether-an-open-source-project-is-in-scope-of-the-cra"></a><a name="faq-tmp-124"></a>
* [What does "Monetizing without making a profit" mean?](https://cra.orcwg.org/faq/projects/monetizing/) <a name="q-what-is-monetizing"></a><a name="faq-tmp-33"></a>
* [What does "Monetizing without making a profit" mean?](https://cra.orcwg.org/faq/projects/monetising/) <a name="q-what-is-monetising"></a><a name="faq-tmp-33"></a>
* [Is distributing binaries or container images of an open source project considered as making it available on the market?](https://cra.orcwg.org/faq/projects/binaries/) <a name="q-is-distributing-binaries-or-container-images-of-an-open-source-project-considered-as-making-it-available-on-the-market"></a><a name="faq-tmp-157"></a>

### Maintainers

* [I am worried about how the CRA might impact me, and so I am considering shutting down my open source projects. Should I do that?](https://cra.orcwg.org/faq/maintainers/should-i-worry/) <a name="q-should-i-worry-about-the-CRA"></a><a name="faq-tmp-133a"></a>
* [Am I subject to the CRA if I only contribute to an open source project?](https://cra.orcwg.org/faq/maintainers/contributors/) <a name="q-am-i-subject-to-the-cra-if-i-only-contribute-to-an-open-source-project"></a><a name="faq-tmp-17"></a>
* [Am I subject to the CRA if I maintain, but do not monetize, an open source project?](https://cra.orcwg.org/faq/maintainers/no-monetization/) <a name="q-am-I-subject-if-I-dont-monetise"></a><a name="faq-tmp-133b"></a>
* [Am I subject to the CRA if I maintain and monetise an open source project?](https://cra.orcwg.org/faq/maintainers/monetization/) <a name="q-am-I-subject-if-I-do-monetise"></a><a name="faq-tmp-133c"></a>
* [Am I subject to the CRA if I maintain, but do not monetise, an open source project?](https://cra.orcwg.org/faq/maintainers/no-monetisation/) <a name="q-am-I-subject-if-I-dont-monetise"></a><a name="faq-tmp-133b"></a>
* [Am I subject to the CRA if I maintain and monetise an open source project?](https://cra.orcwg.org/faq/maintainers/monetisation/) <a name="q-am-I-subject-if-I-do-monetise"></a><a name="faq-tmp-133c"></a>
* [If I maintain an open source codebase, and am treated as a "manufacturer" or "steward", what penalties could I face for violating the CRA?](https://cra.orcwg.org/faq/maintainers/penalties/) <a name="q-what-penalties"></a><a name="faq-tmp-133d"></a>
* [I am NOT subject to the CRA, and want to make this clear to downstream users. What should I say?](https://cra.orcwg.org/faq/maintainers/transparency/) <a name="faq-tmp-70"></a>
* [Can a solo maintainer be considered to be an _open-source software steward_?](https://cra.orcwg.org/faq/maintainers/solo-maintainer-steward/) <a name="q-can-an-solo-maintainer-be-considered-to-be-an-open-source-software-steward"></a><a name="faq-tmp-1"></a>
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4 changes: 2 additions & 2 deletions faq/maintainers/README.yml
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Expand Up @@ -4,8 +4,8 @@ icon: 🧑‍🔧
faqs:
- should-i-worry
- contributors
- no-monetization
- monetization
- no-monetisation
- monetisation
- penalties
- transparency
- solo-maintainer-steward
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Expand Up @@ -5,7 +5,7 @@ Related issue: https://github.com/orcwg/cra-hub/issues/133

# Am I subject to the CRA if I maintain and monetise an open source project?

If you are the maintainer of an open source codebase, and you do monetize it, then the CRA may apply to you, since you may be participating in a "commercial activity".
If you are the maintainer of an open source codebase, and you do monetise it, then the CRA may apply to you, since you may be participating in a "commercial activity".

However, there are at least two significant exceptions that may allow you to take money for your work without being subject to the CRA.

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Expand Up @@ -3,16 +3,16 @@ Status: ⚠️ Draft
Related issue: https://github.com/orcwg/cra-hub/issues/133
---

# Am I subject to the CRA if I maintain, but do not monetize, an open source project?
# Am I subject to the CRA if I maintain, but do not monetise, an open source project?

If you are the maintainer of an open source codebase, and you do not monetize it, then the CRA _does not_ apply to you.
If you are the maintainer of an open source codebase, and you do not monetise it, then the CRA _does not_ apply to you.

The CRA applies
> only in relation to products […] supplied […] in the course of a _commercial activity_
([[Recital 15]], emphasis added)

And it states that

> the provision of […] free and open-source software that are not monetized by their manufacturers _should not be considered to be a commercial activity_
> the provision of […] free and open-source software that are not monetised by their manufacturers _should not be considered to be a commercial activity_
([[Recital 18]], emphasis added)

4 changes: 2 additions & 2 deletions faq/maintainers/penalties.md
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Expand Up @@ -5,10 +5,10 @@ Related issue: https://github.com/orcwg/cra-hub/issues/133

# If I maintain an open source codebase, and am treated as a "manufacturer" or "steward", what penalties could I face for violating the CRA?

If you are a solo or small-team maintainer of an open source codebase, but do get treated as a manufacturer or steward for some reason (such as [monetization][]), you may be subject to some penalties. However, the penalties should be limited. In particular:
If you are a solo or small-team maintainer of an open source codebase, but do get treated as a manufacturer or steward for some reason (such as [monetisation][]), you may be subject to some penalties. However, the penalties should be limited. In particular:

- If you are regulated because you are a steward, stewards are explicitly exempted from any fines, though you may still be required to take corrective actions for any problems that are uncovered. See [[Article 64]].

- If you are regulated because you are a manufacturer, penalties must still be constrained. Specifically, all penalties must be "proportionate" ([[Recital 120]]; [[Article 64]]). In addition, when imposed on a natural person, the penalties must take into account "the economic situation" and "size" of the entity ([[Recital 121]]; [[Article 64]]). As a result, while it is not formally required, most regulators will likely to request corrective action before imposing a fine.

[monetization]: ./monetization.md
[monetisation]: ./monetisation.md
4 changes: 2 additions & 2 deletions faq/maintainers/should-i-worry.md
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Expand Up @@ -10,8 +10,8 @@ The CRA should have zero or minimal impact on most open source developers, so yo
First, the CRA likely does not apply to you.

- If you're just a contributor, the CRA explicitly exempts you. For more detail, see [[maintainers/contributors]]
- If you're a maintainer, and you _do not_ "monetise" your FOSS codebase, the CRA explicitly exempts you. For more detail, see [[maintainers/no-monetization]]
- If you're a maintainer, and you _do_ monetise your FOSS codebase, you may still be exempted, depending on exactly how you are monetizing the codebase and your participation in it. For more detail, see [[maintainers/monetization]]
- If you're a maintainer, and you _do not_ "monetise" your FOSS codebase, the CRA explicitly exempts you. For more detail, see [[maintainers/no-monetisation]]
- If you're a maintainer, and you _do_ monetise your FOSS codebase, you may still be exempted, depending on exactly how you are monetising the codebase and your participation in it. For more detail, see [[maintainers/monetisation]]

Second, even if the CRA does ultimately apply to you, penalties for solo and small-team maintainers are unlikely to be severe. For more detail, see [[maintainers/penalties]]

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2 changes: 1 addition & 1 deletion faq/maintainers/solo-maintainer-steward.md
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Expand Up @@ -6,6 +6,6 @@ Related issue: https://github.com/orcwg/cra-hub/issues/1

# Can a solo maintainer be considered to be an _open-source software steward_?

No. As defined in [[Article 3(14)]], an _open-source software steward_ must be a _legal person_ (e.g. a company, an organization, etc.) in contrast with a _natural person_ (i.e. a human being). The obligations of _open-source software stewards_ described in [[Article 24]] therefore do not apply to solo maintainers. It is worth noting however, that _natural persons_ are subject to the same obligations as _legal persons_ would be should they monetize their poject.
No. As defined in [[Article 3(14)]], an _open-source software steward_ must be a _legal person_ (e.g. a company, an organization, etc.) in contrast with a _natural person_ (i.e. a human being). The obligations of _open-source software stewards_ described in [[Article 24]] therefore do not apply to solo maintainers. It is worth noting however, that _natural persons_ are subject to the same obligations as _legal persons_ would be should they monetise their poject.


2 changes: 1 addition & 1 deletion faq/projects/README.yml
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Expand Up @@ -3,5 +3,5 @@ description: Understanding the role of open source projects in the CRA
icon: 🧰
faqs:
- scope
- monetizing
- monetising
- binaries
2 changes: 1 addition & 1 deletion faq/projects/monetizing.md → faq/projects/monetising.md
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Expand Up @@ -8,7 +8,7 @@ Related issue: https://github.com/orcwg/cra-hub/issues/33
> [!WARNING]
> This FAQ needs refactoring.

- As an individual, if you are monetizing your project without the intention of making a profit, you are outside the scope of the regulation.
- As an individual, if you are monetising your project without the intention of making a profit, you are outside the scope of the regulation.
- According to [[Recital 15]] of the CRA, monetising without intention of making a profit means you fulfil the following cumulative requirements:
- You are not providing a software platform through which you monetise other services (for instance, Google's Android).
- You are not requiring as a condition for use the processing of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of your software. (in particular, you're not giving people access to your software in exchange for their personal data)
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