@jmaris @ThePSF

It excludes only if supplied for non commercial activity.

"In order not to hamper innovation or research, this Directive should not apply to free and open-source software developed or supplied outside the course of a commercial activity"

That is exactly what @ThePSF is asking for more clarity and better wording, as many open-source projects are used by commercial projects at no cost.

It could be worth maybe taking the word of open-source licenses? Licenses usually exclude any liability from the developer. I believe OS licenses should be taken into account by the law.