[eru]

The question is whether you want to interfere in the freedom of contract for this.

Almost all software everywhere comes with a 'no liability' clause. And arguable, open source couldn't exist without it.

The exceptions where liability is wanted negotiate that specifically.

[otterley]

There is precedent, for example, lemon laws related to automobiles. Unfortunately, governments have ceased to care for consumers like they once did.

[eru]

Consumers can care for themselves, if we let them.

[otterley]

Respectfully, I think you have too much faith in the ability and general desire of individuals to protect themselves. Consider how successful scams and security breaches are. Consider, too, the unequal bargaining power between vendors and individual consumers (have you ever tried to negotiate a form contract with a megacorporation?).

We protect people because they have failed. These regulations tend to follow actual injuries; they are rarely promulgated in anticipation of them.

[eru]

> Consider, too, the unequal bargaining power between vendors and individual consumers (have you ever tried to negotiate a form contract with a megacorporation?).

You don't negotiate the contents of your burger with McDonald's. If you don't like it, you go to Burger King or have a Döner Kebab.

There's plenty of tacit negotiations here.

> We protect people because they have failed. These regulations tend to follow actual injuries; they are rarely promulgated in anticipation of them.

Homeopathic medicine tend to follow actual health problems, too. That doesn't mean they are a good idea.

[otterley]

> You don't negotiate the contents of your burger with McDonald's. If you don't like it, you go to Burger King or have a Döner Kebab.

Not every industry is a competitive one with practically unlimited choices. Natural monopolies or industries with high barriers to entry tend to have the most leverage over their customers. Most people have only a single electricity provider, and there are only two major mobile OS vendors worth speaking of.

> Homeopathic medicine tend to follow actual health problems, too. That doesn't mean they are a good idea.

Some work; some don’t. The key is figuring out which solutions are effective and which aren’t. Nobody is proposing keeping fixes around whose costs aren’t worth the benefits to society.

[SkiFire13]

> And arguable, open source couldn't exist without it.

Couldn't you just include selling a product or a licence for it as a requirement?

[eru]

The GPL is a license.

[NekkoDroid]

selling a product or license

Generally most GPL'd software isn't sold (terms and conditions may apply).

[eru]

IBM used to sell you the computer, and the software was free. The industry could resurrect that practice as a loophole.

[NekkoDroid]

If you sell the computer with the software preinstalled it would still fall under the selling a product part. So if you'd want to actually have a loophole you'd at best be selling the product without any software, and we both know how well that would go with the masses.

[eru]

> [...] and we both know how well that would go with the masses.

Pretty well, actually, as long as you can download the software for free.