> non-disclaimable liabilities
So you are saying that MIT/ISC/GPL/Apache2 and all the other OSS licenses do open you up to liabilites?
I am saying being a merchant in the field of software and supply software opens you up to liabilities, and saying “Not my responsibility” does not, in most jurisdictions, actially completely shield you from all of them, correct.
This may also, to a lesser extent, be true of people who are not merchants in the field of the product supplied.
It’s not the license creating the liability, in either case.
So you are saying that the parts of for example MIT or similar licenses that in clear terms say:
"THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE."
do not constitute something that frees you from those liabilities?
Cause if so I think basically most of open-source would just shut down tomorrow.
I'm with you on this one. Consider all the GPL'ed software that IBM distributes via Red Hat.