5e. This Regulation shall not apply to
AI components provided under free and
open-source licences except to the extent
they are placed on the market or put into
service by a provider as part of a high-risk
AI system or of an AI system that falls
under Title II or IV. This exemption shall
not apply to foundation models as defined
in Art 3.
Interesting, no foundation model exception, though the FLOSS community isn’t going to train any of those soon in any case.
More broadly speaking this is the same issue as with the cyber resiliance act and they’re definitly on top of it as to saying “we don’t want FLOSS to suffer by a misinterpretation of ‘to put on the market’”. Patience, none of this is as of yet law but the very act of amending it such tells courts to not interpret it that way.
Ok here’s what parlimant passed, ie. its amendments
Quoth:
Interesting, no foundation model exception, though the FLOSS community isn’t going to train any of those soon in any case.
More broadly speaking this is the same issue as with the cyber resiliance act and they’re definitly on top of it as to saying “we don’t want FLOSS to suffer by a misinterpretation of ‘to put on the market’”. Patience, none of this is as of yet law but the very act of amending it such tells courts to not interpret it that way.