CLAIM-2026-09-05-06

AI Act Article 25(4), second sentence: 'This paragraph shall not apply to third parties making accessible to the public tools, services, processes, or components, other than general-purpose AI models, under a free and open-source licence.' The written-agreement duty therefore does not reach a supplier distributing an agent, skill or MCP server under a free and open-source licence.

Why it matters

The load-bearing sentence. The obligation is not reallocated to the open-source supplier; the paragraph simply does not reach them, and the provider's Article 16 duties are untouched. There is nobody upstream to bind.

Sources

• euartificia2024responsib
• europeancom2024article