Open source software is also notably lacking from the impact assessment documents, but I suspect this is because it was intended to not impact open source software at all. It seems the legislation intends to exclude open-source software, but doesn’t clearly and unambiguously exclude open source software that is developed or contributed to in a commercial setting (e.g by paid contributors).
I think the wording seems clear enough to determine the intent, but the ambiguity surrounding the “commercial activity” part might necessitate trial (which nobody wants to risk), or might lead to poor implementation of this directive in the laws of member states. I think we should be campaigning to improve the wording, not reject it outright.
Users get a service, so it can be argued they are paid in kind. That’s the price of their “free” services.
Whether you agree with that or not, websites are unlikely to pay users to use their services (unless they’re at least providing content) any more than a coffee shop would pay its customers to drink their coffee.