In-reply-to » The EU's Proposed CRA Law May Have Unintended Consequences for the Python Ecosystem (as well as the entire free software movement).

@movq@www.uninformativ.de I respectfully disagree. I think the broad point you make makes sense, but there are details that matter.

Firstly, contributing software to an open source project cannot be a blanket “get out of jail free” card. That’s a sociopathic stance, on its face, and just cannot be accepted.

Secondly, the fact that software licenses state that the software is provided without warranty/liability is meaningless until those clauses are tested in court cases. If judges say “bullshit” to the “no warranty” clauses, and hold developers accountable anyway, then those clauses become meaningless (at least in the US, where case law and precedent matter).

But thirdly, and most importantly, there is always context that absolutely has to be taken into consideration. Sure, you’d be foolish to jump into a random person’s for-rent car thinking it’ll be a good ambulance. But if the car has “Ambulance” painted on it, and the driver repeatedly tells you they also drive ambulances for the city hospital, and there’s a siren on top, that person can and should be held liable for falsely presenting themselves as an ambulance. Even if they do have a tiny little note somewhere that says “not an actual ambulance”.

And the same should happen in software. If people are working on an open source project that has been used in dangerous situations, and they are fully aware that this could happen again, then they absolutely should face liability if their code kills somebody (for instance). We literally do this in almost every other aspect of life, so why should software developers be free from all responsibility? Engineers who design buildings have to take out liability insurance because they can be personally sued if their designs cause harm. Doctors take out malpractice insurance in case their advice causes harm. But software developers get to commit all manner of bullshit, and never face any consequences? No way, that’s stupid.

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