If you're selling support licenses to the EU for your open source software then you're on the hook for patching them, but you'd probably already be for other reasons.
What difference does it make... If small developers and software businesses risk thousands of euros of fines, decided arbitrarily by the courts based on civil minimum and maximum limits, open source and small software in the Eu will die and the only ones to benefit from this will be the larger software companies that can afford the fines - who will be scooping up all the users of these open source projects and small developers - like the German software businesses who back the current German government and the German contingent in Euparl.
Note how the draft is designed to exclude the software that these major software companies are mooching off of - like Linux. Its basically exclude what you benefit from, kill who eat into your profit margins and be happy - total American corporate style legislation...
> it hinges on whether offering open source software on GitHub is considered a product in the sense of the law.
I assume Github and friends are much more concerned with being on the hook for selling these products (i.e. through Copilot). Github does sell you software that happens to make open source code available, and that seems like a much more vague situation.