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. In the context of software, a commercial activity might
be characterized not only by charging a price for a product, but also by charging a
price for technical support services, by providing a software platform through which
the manufacturer monetises other services, or by the use of personal data for reasons
other than exclusively for improving the security, compatibility or interoperability of
the software.