I have said that at every step in these regulations: even a law that can't easily be applied and that has loopholes is a progress as it gives judges, engineers, decisions makers and users a notion of what is wrong and what is right.
Want to make a startup whose business model relies on the impossibility to repair? Have found a loophole that makes it possible? Well investors may evaluate the risk this loophole gets fixed and will not see the plan as particularly safe.
It is not just about changing the rules, it is about changing the ethics around them.
IANAL as always, but in my understanding loopholes are less effective in civil law systems (that is, all continental Europe) as the intent of the law is what matters, not the exact wording that created a loophole.
Want to make a startup whose business model relies on the impossibility to repair? Have found a loophole that makes it possible? Well investors may evaluate the risk this loophole gets fixed and will not see the plan as particularly safe.
It is not just about changing the rules, it is about changing the ethics around them.