WEBVTT

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This is in the panel on could compliance costs, sustained open source, a theory of voluntary

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attestations under the CRA.

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This is about Article 25, where in the Commission reserves the sort of delegated acts,

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they describe attestations as a mechanism for open source, maintainers, developers,

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stewards, et cetera, to provide something that helps the manufacturers have a reduced

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cost of compliance, which is effort of compliance, with the presumption that the manufacturers

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are then going to help support the open source community maintainers, et cetera.

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And then we've all been discussing how to do that.

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We have a, I'm able to black a former open source policy lead at CISA in the US now doing

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consulting over here, and with good angle line.

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Yeah.

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Hi, I'm Michael.

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I work at the BSI in Germany, the Federal Office for Cyber Security.

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And when I started three years ago, one of my task was to give some comments to the CRA,

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and from there I evolved into standardization, market surveillance for the CRA, and also

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doing some stuff around open source, and so I get to see our real open source as well.

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Hi, everyone.

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My name is Greg Wallace.

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Oh, thank you.

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And I've been involved in open source a lot of different open source projects from independent

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ones to corporate back ones to foundations.

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And really, I'm involved in this working group because, you know, for me, open source

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is really one of the most beautiful and important expressions of human ingenuity that we

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have experienced in our lifetimes, and it needs to be protected.

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And so, okay, thank you.

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So that's why I'm involved in this open source sustainability is really under pressure right

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now.

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And so, I think that if we work together and collaboratively in this working group in this

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ORC and bring all of our ideas together, I think we can come up with really good solutions

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to the challenge and make open source more sustainable, which I think is a very important

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infrastructure.

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And good afternoon.

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Thank you.

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This is a, I'm Tomas Bernewan.

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I'm one of the policy officers in the European Commission that is working directly

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in the CRA implementation.

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So I normally hold the pen on a lot of the guidance documents that have been published and

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that will be published very soon, and that will hopefully also ease some of the concerns

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that we've heard in this past couple of days of Fossil.

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So keep my question as for you.

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A little bit of a hot take answer to have you like, do you think this concept of voluntary

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security and the organization will benefit or burden open source communities and maintainers?

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Yeah, so, I think in the earlier part of the most of you listen, that there was the sentence

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that ended up in the international security strategy of the US, and where you say that we need

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to make sure that the burden is on the manufacturers and not on the open source developers.

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And that's exactly what the CRA encodes.

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There is no obligation for the developer to, in most cases, to do really anything.

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But the reason obligation for those who take your project and put it in their product to do

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what the CRA calls due diligence.

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So to make sure that they know what they're putting in and that they have assurances

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that what they're putting in is secure.

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So there is a natural incentive for manufacturers to invest time and resources in making

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sure that the projects that they rely on are adequately maintained and supported so that

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their due diligence is simplified and made possible.

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So that's really the starting point of the voluntary manifestation mechanism that the commission

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can put forward.

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And we want to make sure that it's something that doesn't burden.

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That doesn't the manufacturer, I mean, if they come and ask you, so that's really when

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we're coming from, and that's what we want to achieve, apologies.

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And to do that, we want you to help us, because we want to make it right, we want

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to make sure that it works for you and it puts resources back to you to make sure that

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you continue to develop into projects and maintain them actively.

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So yeah, I really think that it's a great opportunity on paper at least, so we need to make

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it right.

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Yeah, I think this is all a good example of what the last speaker was saying, the community

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has a chance right now to get more involved and speaking with the public sector and here

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it is in process.

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So with that, question to Michael, how we do it?

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So some coordination law, but when that is passed, we are the market surveillance for the

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CEO.

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So can you talk a little bit about the function that you're probably the best person that

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I know to talk to, how does an MSA interact in the context of open source and compliance

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with the community and with manufacturers?

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Yeah, so the thing is that a manufacturer can put a product onto the market and with

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the CEO market or on the European market and with the CEO market, he attests that his product

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complies to the regulations and it's not just the CIA, there are a lot of other regulations

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he has to comply to.

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When the product is on the market, the market surveillance has then the opportunity or they need

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to check those products and see if they are compliant to the regulations.

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So what we will do, they are like to raise to do it, we can sample certain products and

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just in coordination with other market surveillance on the national level and on the European

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level, decide on products and product categories, take them and see if they are compliant

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and there's also a reactive mechanism that if somebody says that a product might not be

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compliant, then we also take those products and check if they are compliant.

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If they are not compliant, then the first thing would be that we try with the manufacturer

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to make that product compliant again and that can go to the way that market surveillance

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can take products of the market of the European Union and can be very costly because

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there are eye substantial fines for manufacturers if they are products don't comply and

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if they did a lot of damage on the European market.

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This sounds really interesting to me as someone who has done a lot of open source developing

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and sometimes hacking on things. If I found a manufacturer was using my open source projects

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but they clearly modified it in ways that fix the vulnerabilities and never share those upstream

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is that the kind of thing I'd call the NSA for? Yes. Wonderful. With that to Greg,

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I think you did a bunch of work with the 3BSD project back when I was at CISA to figure out

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how to do attestations issue them and you built a collaboration with manufacturers to do exactly

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what to also and Michael are talking about. Can you tell us about that?

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Yeah, happy to. One of my previous jobs was at the 3BSD foundation and my job there was to work

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with the downstream commercial users. Also with the community but principally with the downstream

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commercial users. When CISA was coming up with the policy that Abit described earlier,

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it included a mechanism for open source projects to work with the companies that use their software

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to basically help them be compliant. So I sort of went to my colleague who's a director

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of technology at the foundation. I said, hey, what do you think about this? I looked at the

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attestation form and it looks like this is all stuff we already do. Would it make sense for us

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to create a program where we basically add this as a partnership benefit. So if you partner with

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the 3BSD foundation at any level, right, and the entry level was $10,000 US dollars, you would get

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access to this attestation. And my colleague Ed said, well, that's interesting but let's first

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talk to some of the companies that use 3BSD whose products are based on 3BSD and asked them

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what they would it help you. And so we did. And so these are very large technology companies.

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And we said, if we gave you this, would it make your life easier that we're already involved

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in the project already donating to the foundation? We also though, and I'll wrap up quickly,

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we also went to donation to the foundation and we said, hey, you know, we've got this new benefit.

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And I will tell you that the advocates for being involved, right, the champions for 3BSD

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in those manufacturers, it was a great thing for them because it gave them something that they could

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take to the bean counters, right, and say, hey, you always wanted to know why we should contribute

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to the upstream open source projects that we use. Here's a reason. And it was in their language,

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right? It's sort of something that they could say, oh, I got it. That's, you know, going to help

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us with our compliance. So yeah, we did do it. And I was really happy with it. And I think that

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with CRA, it's another opportunity to do something similar. So I'm hoping that through this

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working boat that is leading, we can come up with something that can be really scalable and

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replicable across the industry. Thank you. To rapid-fire questions, first for Michael and

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then to Masso and or however you both want to, do you agree? Do you think manufacturers should

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really care about these organizations? And what do you think about open source projects that

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don't have a foundation, don't have a legal entity, and by the current text as I understand it,

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wouldn't have a steward? Would they also benefit from this and how it manufacturers engage?

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So first on the point, should they care? They are responsible for everything in their product,

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including free and open source. So they should care. Now they have to, they have to do

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due diligence. And if the agitation is something which helps them to easier comply or show compliance

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in their products and if that's something which makes it even cheaper when they have an agitation

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instead of doing the due diligence and other stuff themselves, then I think it should be a

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business decision for them to use it. So just business and capitalism and why not use that

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for the advantage of open source? Yeah, I mean, on should they care? Obviously, if we

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agree with Michael, I mean, not only should they, but they have to. They're legally required to care,

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but I think to your question on how do we address the developers that are not really incorporated

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into foundation. I think where we're coming from, it's very, very important that this

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attestation project works for the big foundations, but especially works for the small projects.

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The ones that are so critical, they're critically understuffed and underrefrersed.

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And so the mechanism needs to cater, needs to be designed with the small developers in mind.

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And to one of the points that was on the on the slides earlier, will this trigger

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commerciality considerations? Like, if I give out an attestation, will I become the

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manufacturer of that project? I mean, I cannot obviously commit the commission as to an interpretation

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right now, but it would kind of defy the purpose of the attestations if that were the case.

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So I think we can be quite reassured that we will make it work in such a way that the

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maintainers really can leverage this on a voluntary basis and use it to get resources, to get better

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maintenance for their projects. And that also integrators will be happy for it because their

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due diligence will be easier and simplified. Now, you both said that you think manufacturers should

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or must care about this. A lot of the manufacturers I speak with, especially in behind-close

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doors, they don't seem to be taking s-bonds all that seriously, even though we're, I don't know,

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six, seven years down, journey of s-bonds. And so, so what do you, what do you think about that?

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Are many factors going to be ready for this? Then you'll be really good.

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So, should they care? They should care. And the CIA states or essentially requirements for the CIA

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it stated that manufacturers need to provide an s-bonds or a half an s-bonds at least top level.

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So, they might not have every components in the s-bonds still, they're responsible for

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everything in their product. So, even if they don't have an s-bonds and they don't need to

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provide it publicly, they need to show it to the market surveillance if they requested.

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Even if they don't have it, that doesn't mean they're not responsible for the stuff in there. So,

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again, they should care. And they must care.

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I'll just briefly comment. So, in the European Open Source week, I attended the

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open source software compliance and tools workshop that was put on by about code and a number of

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others. And what came out loud and clear is that the s-bonds and other tooling landscape is

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pretty immature right now. So, it's a critical ingredient to making everything work

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but the consensus seemed to be pretty clear that the tools have quite a ways to go before they are

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actually going to do what we expect them to do.

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Maybe just to other words, that I mean from the commission side and also our

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the European Union agency for cyber security is also supporting us in the reflections of

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S-bonds and of course, we are aware that special, traditional sectors as bomb uptake is a bit more

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limited and so it definitely there needs to be a path towards better integration of S-bonds.

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So, it's not something from tomorrow, it's going to be perfect but there's such an essential

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and critical tool for vulnerability management and for everything that is in the CRA that I mean,

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the future can only be moving in that direction and again, yeah, so not only should they care

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because they're legally required to but because it really makes life easier.

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Great. Another question to any or all of you, this week at Faustem and the events before Faustem

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there's been so much talk of digital sovereignty in Europe and the essential role of open

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so these hopefully for European digital sovereignty, do you think this concept,

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voluntary security administrations, has any relevance or essential role to play in encouraging

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growth of this European sovereign tech stack? Regardless of what it is.

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Yeah, maybe it's good looking forward.

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Yeah. So, yes, I mean this has been talked about so much and I'll maybe not directly answer

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your question to you of it because it's a little bit not super directly related to attestations

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but but I do think that open source is digital sovereignty.

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You know, I had a mentor when I was at the Linux Foundation

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who would say that open source is a dueocracy. That means the people who do the work get to

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make the decisions, right? It sounds obvious. So, if any organization, any institution, any group

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of countries wants any open source project to do something different than what it's doing now,

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there's a really direct simple way to change that, get involved.

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And if you can't get it to do what you want for whatever reason and this happens all the time,

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you fork it. It's really that simple. So, so I think open source is digital sovereignty.

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I guess the last thing I will say on this one is there's also a lot of talk about open source

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procurement and I really don't like that word because if all you're doing is procuring open source,

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you're missing out on the biggest benefit which is internalizing expertise.

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Because if all you do is procure open source, you won't really have, you won't have as much sovereignty

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than if as if you have the expertise internally so that you can maintain that software internally.

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Maybe from my side just to say that, of course, this CRA does not directly address these

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discussions because it's a technical type of legislation so it doesn't really concern itself.

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We're sovereignty discussions. I don't know personally, I haven't really made up my mind of

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whether the attestation itself should be a tool around that but what I can definitely encourage

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you if you have thoughts about it is the heavier sake consultation that was shown earlier

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that's really it's the commission that has put out a call for evidence reflecting exactly around

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this topics and I saw that there's already a lot of input that we received so a lot of work for

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as and the team working behind it but that's really the chance to indeed maybe try and

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tie all these topics together, the attestations, the CRA and more general sovereignty considerations.

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Then I guess I have one more question for all of you with ARCs. If all of this goes well,

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the CRA implementation goes all according to plan, attestations eventually have a mechanism

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that is defined, what do you see as sort of what will be achieved in the next five to 10 years

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and any other thoughts you have on the topic and then we'll take some questions from the audience

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after that. Well from my side I really hope that you know a part of the fact that everything

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goes well that in five to ten years we will look back and we will see that a lot more of this

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critical tiny blocks that support the entire ICT ecosystem have more people behind it have more

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resources they don't have to rely on just one random guy that does it how to goodness of his heart

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or her heart but actually gets supported to do it so that would be really the big achievement

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aside from better security for those thing integration but for the open source world if we can

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really achieve that I think it will be the CRA would have done its job quite well and probably also

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you with the attestation program and all of us together working on it.

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Yeah I don't have much to add to that I think you know this is a great opportunity to

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up level security across the board and I you know security cost money it doesn't matter what type of software

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it is that you're making and so independent maintainers in particular but really all open source creators

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need and should get support to do that work it's important work that has to be done and I think

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CRA is a really great step in our direction yeah and I hope that the CRA helps that manufacturers

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take more responsibility about the things they put into the products and a lot of them already do

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but for some might be a bit more they need to do and that they realize how open source helps

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in their products and then that they also realize it's a good idea to support the open source

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community so that they can do better even better open source and then the products itself also

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will get even better so we get winning side on the manufacturer side they can integrate easily

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all the open source they want and the winning side of the open source community they get more

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resources and more funding and more vehicle condition by the manufacturers who put dust off

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and their products right so I want to thank my panelists and then we'll take a question we have

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about 12 minutes I think and the questions so thank you all for joining me

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and feel free to direct your questions at the panelists or me since I didn't take questions on

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my presentation earlier as well I saw hand hand hand hand roughly in that order so I guess

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no third night great shouted out I'll repeat it back for the for the audience online

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so that was that was not a question but a compliment directed at Greg and the

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VBSD net BST community of which I only understood about a third of it so Greg if you want to

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summarize this yeah so I'll ask the small of it in some potentially many cases an

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organization's core competency is very different from the open source and so there's an opportunity

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to do both to have some internal expertise around some of the open source or maybe

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some level of internal expertise that's more shallow across all the open source so it can be a mix

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of approaches including having some vendors that that you know come in and bring their expertise

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yeah great so they had a question on the right side and then two questions on the middle

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and then a front so we have four in the queue still shouted out and then I'll repeat it back

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and try and keep your question short and only a question so we can get through all these in 10 minutes

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do you see any way if you need that over yeah I mean it's it's a question first

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I'm sorry I need to repeat the question the question is that according to the gentleman

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open source projects in Europe are less accountable than open source projects

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particularly in the US because the legal framework allowing for incorporation

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informations and similar things is different and it's yeah it's obviously it's a recurring

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question and some of the ever often talks about as well and she also mentioned it in the previous

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panel I mean it obviously as you can imagine it depends a lot on national lows there is limited

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competences at the U level to change that because it depends on how the different member states of the U

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define the that their tax treatment of of not for profits we will of course also start to

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reflection together with the attestation projects to see how to make it work and not be

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compromised by the fact that the foundations themselves maybe cannot charge for

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attestations or stuff like that yeah I'll add to that I think accountable may not translate

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as well into my model of these things but certainly engaging with the market is quite different

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as as to also was saying it's it's still really unclear from our research how to

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generalize these principles across each of the member states of the European Union and

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their local tax laws and business laws there's differences between them and I would hope

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there can be a global solution to this but I also don't know what that would be either so

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we had two questions in the middle nope nope they were a pathway if they're gone then

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nope oh you you came down okay it is you wait go ahead

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I don't have any theater background so I need to need the mic so first of all thanks for

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great presentation and great panel now we know much more about attestation actually this is

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not the question it's the same as black so in the same way as as we understood that the community

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will benefit hugely from ever's work on attestation we also recognize very recently in

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in operator compliance working group that the community might benefit equally from a better

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description of what the manufacturer offers of dual-relitms is and we heard from the presentation

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and from the panel that dual-relitms came up like many times so they are sort of a sibling

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papers I would say and this is the invite for anybody to join the fund on the dual-relitms

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as well thanks thanks Timo to the recap I think Timo was inviting you all to come

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participate in the eclipse ORC working group yes yeah great cool we have another question up here

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you understand the mic because you're right here it's an easy thank you thanks for the great

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talk from my side also open source is developed in open ways so all the information about the

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development of the resource is already available publicly can you share some of the examples

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what the open source projects could give for funds so what is the information what they could

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give as the attestation for money for the manufacturers I see okay first I'm going to

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respectfully disagree there are plenty of open source projects where some aspects the development are not

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open during the open stack projects I used to to be on the technical committee and do a

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much of work there we coined a term a corollary to the four freedoms of open source the four

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opens of open source development yes the source has to be open but also the development process should

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be open the roadmap should be open and the community should be open to anybody with those three

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additional components I think what you're saying is true and then it's very easy for a consumer

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of the open source or a business or a government to look at not just the code but also all of the

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other artifacts and make a sound assessment of the product health and safety without the other

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three opens with just the code that's really difficult but I think your question at its core was

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what else can an open source project give that help the manufacturer reduce their compliance I think

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for that I'm going to turn to the market surveillance authority manufacturers have to take care of

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the product for the complete life cycle of the product so there will be a support period and they

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have to fix vulnerabilities in that support period if in an open source component they integrated

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vulnerability devices they have to take care and mitigate that so at some point might be a good idea

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to go to a manufacturer if they can and ask if they can help manufacturer don't have to do it if it's

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just first then they have to find some other way to mitigate it but that could be something

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which open source developer could provide if he wants to and it's the institutions of

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the manufacturer for the company to increase we have five minutes for any remaining questions I saw

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hand hand hand yeah for four minutes five or four questions five minutes rapid fire just like

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really compressed your question we can't hear you down here sorry

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I'm sorry I didn't fully you're I'll repeat it okay I got it what happens if a

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foundation stands up and does this and provides some sort of an attestation and then a manufacturer

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comes forward later and says they got the attestation somehow but never paid for it what do you

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do to make sort of make sure or manage the relationships between the the foundation and the

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companies okay thank you thanks great question so that is a great question and I think that

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that's an area where we as a community have to do some work the way that we tried to approach that

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was sort of the honor system right we when we did it at the free BSD foundation

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for the sister regulation using the SSD F attestation we basically just signed it right so it was signed

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and each one was each attestation was unique to the manufacturer we didn't use that term but

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the manufacturer that received it right so there are much more sophisticated ways to solve this

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problem we do this all the time today with you know encryption mechanisms and things like that and I

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think that's what is probably going to be the easiest but I think it's it's it's it's a really great

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question I don't know that it will ever be a hundred percent solved I mean there's always going to be

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people who would rather go to great lengths to avoid this than and you know but I think if we can solve

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it for the 80 20 I think we will be in a good place it's an extra question and I think that's

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really where work has to happen or on mechanisms like that I've seen at this point just to final

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comment on this in the technical question I've seen a couple other folks in our our working group

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proposed vastly different models for how to address this it is really an area where we all do

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need to work together to figure out and and there may not be one answer there may be different

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models that work for different industries different sciences of of of stewarder projects don't

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know yet so please bring your ideas to the work there was a question on this at the room shout it out

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some people to be very good in front of the main activity can you say a little bit about why

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I think I might know the context of what about your asking I'm not going to point at it and

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the question was some people out there seem to be quite opposed to the idea of voluntary security

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organizations even though they're written in the CRA and and you know this is also had a program

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like this several years ago and the ideas out there plenty of manufacturers already do this with the

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open source in their products I think there might be some opposition to a diversity of economic

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models to sustain open source some people really like their model and don't want to change it

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I don't know might be other reasons, but yeah, not just on the comment on that next question

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Sure

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I'm going to repeat that now because excellent question the the separation between manufacturer

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and steward in my slides seems to be artificial there are plenty of companies that seem to be both

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for example Google with Chromion this is an example we've talked about in the CRA implementation

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and just policy discussions for years so I'm going to connect over to Samantha

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Yes, I mean the series of product specific legislation so what really matters is the individual product

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or project and that determines your legal entities role with regards to that specific thing

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so you might be a manufacturer for the thing that you commercialize and you make money out of it

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and you might be a steward for the thing that you open source and you let everyone use or you might

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be nothing if there is something that you're not really placing on the market

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I mean a man who fact somebody who is making money from something likely would qualify as a steward

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for the things that they open source so I don't really see a scenario where they're nothing to

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affect project but they might have caused something for hobby purposes and in that case they would

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be nothing to the project because it's not covered by the scope of the CRA so yeah it is possible

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to have these multiple roles depending on the individual product slash project that we're talking about

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That seems like a great place to end because we also just hit time so thanks for all the questions

