What if maintainers/Stewards wish to exclude use cases for their software?

[MikeCamel]

The most often-used definition for open source software is the Open Source Definition from the Open Source Initiative. This sets out 10 criteria for license to be considered "open source". Three of these relate directly to the first of the four "software freedoms":

The freedom to run the program as you wish, for any purpose (freedom 0)

These are:

5. No Discrimination Against Persons or Groups: The license must not discriminate against any person or group of persons.
6. No Discrimination Against Fields of Endeavor: The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research.
9. License Must Not Restrict Other Software: The license must not place restrictions on other software that is distributed along with the licensed software. For example, the license must not insist that all other programs distributed on the same medium must be open source software.

Within the definitions of the CRA, an

(14) ‘open-source software steward’ means a legal person, other than a manufacturer, that has the purpose or objective of
systematically providing support on a sustained basis for the development of specific products with digital elements,
qualifying as free and open-source software and intended for commercial activities, and that ensures the viability of
those products;

There is no requirement, however, that stewards must do so for all manufacturers, nor for all use cases, and the concept of a open source license is not directed to that end, either. It is quiet possible that some stewards might wish to restrict their support of particular projects to specific use cases (or away from specific use cases). While this might seem contrary to the spirit of open source licensing, such a decision does not seem to be contrary to the legal requirements of a license.

It is unclear whether this issue was considered by those drafting the CRA, and what legal impacts it might have on Stewards.

This is a complex issue, and requires consideration and discussion.