Replies (1)

• @HaraldvonBlauzahn@feddit.org 2026-09-07 12:38

  Generally, what we have is strict liability for commercial products, but not for things like gifts or FOSS software developed in a non-commercial manner. Except when it is on purpose or for gross neglicence. Some examples (German law): You cause an accident -> you are liable. Your small kid causes an accident -> you are liable. Your unleashed dog runs over the street, cause a truck to steer into a shop -> you are liable. Your car does not work because of improper maintenance, and causes an accident -> you are liable. Your car’s assisted braking system goes out of control because of defective software delivered by the manufactorer -> the manufacturer is liable. You gift somebody a car, he has an accident -> no liabilty. You knowingly gift somebody a car with defective brakes, without telling him, he has an accident -> you are liable. Your physician uses some X-Ray device software which has a catastrophic bug and causes that you have radioactive burns all over your body -> the manufacturer of the software is liable. (and here is where EU law probably differs form US law: In the US, software vendors can and do disclaim all liability. THIS IS NOT POSSIBLE IN THE EU, and thus such a contractual clause is probably invalid in its entirety, while leaving the contract valid. (And that is why you should NOT write your own licenses.)) That X-Ray software uses a non-commerical contribution for solving matrices in Numerical Python which a volunteer wrote in 2015 -> contributor is not liable, the responsibility is for the manufacturer to test for correctness of the free stuff.

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