Users get a service, so it can be argued they are paid in kind. That’s the price of their “free” services.
Whether you agree with that or not, websites are unlikely to pay users to use their services (unless they’re at least providing content) any more than a coffee shop would pay its customers to drink their coffee.
Ah, OK. So it seems it’s a case of the spirit of the text not matching the precise technical wording used. IMO, the legislation clearly intends to exclude freely-distributable open-source software, but the issue lies with what constitutes a commercial activity. (I’ve not yet checked the rest of the document to see if it clearly defines “commercial activity” in relation to the legislation.)
TBH, it seems that what is needed here is a clarification and tightening up of definitions, not wholesale rejection of the legislation.
Why is everyone up in arms about this?
The legislation specifically excludes open source software. Has nobody in this discussion actually read the proposed legislation?
From the current proposal legislation text:
In order not to hamper innovation or research, free and open-source software developed or supplied outside the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable.
There is also a clause that states those using open source software in commercial products must report any vulnerabilities found to the maintainer.
Big Clive (electronics channel on YouTube) took a look at this yesterday. Analysing photos of the event, he determined that it was likely the lighting by the toilet facilities (or rather what looked like a sort of toilet-themed art installation, presumably near the facilities) that may be responsible, as they appear to have used clear unfiltered UVC lamps to light the area.
It could be that a sub-contractor might be the culprits rather than the organisers themselves (although ultimate responsibility may fall with them).