The Act defines the following:
‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, or any other natural or legal person who is subject to obligations laid down by this Regulation;
‘product with digital elements’ means any software or hardware product and its remote data processing solutions, including software or hardware components to be placed on the market separately;
‘manufacturer’ means any natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under his or her name or trademark, whether for payment or free of charge;
Is the lone developer in Nebraska's (a term likely to become as much part of legal debate as the man on the Clapham omnibus) library a product or just a digital element used in others' products and/or marketing them under his or her name or trademark?
Is source code as opposed to a compiled binary a product? The binary is subject to any errors that the compiler produces and, in the case of the final running code, the linker.
‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his or her behalf in relation to specified tasks;
Does a general licence constitute a written mandate?
‘importer’ means any natural or legal person established in the Union who places on the market a product with digital elements that bears the name or trademark of a natural or legal person established outside the Union;
‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties;
‘placing on the market’ means the first making available of a product with digital elements on the Union market;
‘making available on the market’ means any supply of a product with digital elements for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;
If a product is made available other than with a contract for supply is it commercial activity? If not then can this regulation apply?