The law doesn’t require anything of users, it requires something of OS providers.
For a FOSS OS, any user with root access would be considered an “OS Provider” under the definitions provided in this law. With FOSS, there is no real distinction between “user” and “developer”.
You are right, it just says whoever “controls the OS”, which is very vague. Even without going to open source, a user still controls the OS even on Windows or macOS. To a lesser degree of course, but in the same way a driver controls a car even if they can’t or won’t try to modify it.
The windows user uses the OS. The windows user does not control the OS. They only have access to the functions that Microsoft has provided. The Attorney General of California won’t be able to argue that the sysadmin is the OS Provider of a Windows installation. The OS Provider of Windows is Microsoft.
The Attorney General of California would easily be able to argue that the OS Provider of a particular Linux instance is the sysadmin of that instance.
For a FOSS OS, any user with root access would be considered an “OS Provider” under the definitions provided in this law. With FOSS, there is no real distinction between “user” and “developer”.
You are right, it just says whoever “controls the OS”, which is very vague. Even without going to open source, a user still controls the OS even on Windows or macOS. To a lesser degree of course, but in the same way a driver controls a car even if they can’t or won’t try to modify it.
The windows user uses the OS. The windows user does not control the OS. They only have access to the functions that Microsoft has provided. The Attorney General of California won’t be able to argue that the sysadmin is the OS Provider of a Windows installation. The OS Provider of Windows is Microsoft.
The Attorney General of California would easily be able to argue that the OS Provider of a particular Linux instance is the sysadmin of that instance.