alt Hacker NewsI broadly agree with you but TBF to the earlier comment consider what would happen if a FOSS author did something wrong and was found to be liable. How about curl for example? That sees use in car infotainment systems among other things and cars can be pretty expensive and there sure are an awful lot of them. The point is that we should be able to accommodate someone pushing a hobby project to github under a permissive license while also imposing liability against developers in instances where money changes hands or where someone's work involves interacting with the physical world.
I realize this is drifting off topic, and happy to talk more in email (address in profile), in the interest of sharing a bit more, consider this statement you paraphrase:
"a FOSS author did something wrong and was found to be liable"
In fairness, I not sure the earlier commentator really understood what they were saying, at least not as far as legal liability is concerned.
The FOSS author simply wrote some code and shared it right? That is their 'action' can you think of ways that does direct harm, which is to say they published their code, and with nothing else happening someone got harmed? One way that can cause harm is the FOSS author publishes a trade secret[1] or access credentials of a third party. In both cases they could (and would) be sued by that third party. But absent that, I'm having a hard time coming up where simply the existence of most code causes someone else harm.
So to get to harm we have to add another person, that person somehow applies the code, and in that application harms another person. Our FOSS author might be sued as being contributory because the person who caused harm might not have done so if they didn't have access to the code. To prove that, the plaintiff would have to prove that the FOSS author knew that the code could cause harm if used in this way, and encouraged or otherwise abetted the person who did harm to use it in doing the harm. That can be a hard standard to reach[2].
In your car example, it would be challenging to prove that Daniel Stenberg wrote curl so that you could use it to brick car infotainment systems. But it would be easier to prove that a manufacturer that incorporated FOSS code and didn't check their system for risks like this should be found liable.
Liability accrues first to the party that did the action. Secondary liability can reach out to suppliers[3] of things used in that action. This is also civil law rather than criminal law and so it works a bit differently in terms of evidence standards and penalties.
[1] We can make a joke here about badly formatted code, but hopefully we're in a agreement so far. A real example was the DVD decoding software that included the key for decoding encrypted DVDs.
[2] Not that people might not try, its too easy to sue. There have been cases where someone wrote some code that was later used in a weapon (and example might be Ardupilot software in drones used to kill Russians). But even in that case, the courts in the US at least have consistently found that if it is not the primary purpose of the software to do harm, then the author is not liable.
[3] Unless you're a gun company as Gun companies have managed to keep themselves from being found liable for people using their guns to do harm. But there is also lots of interesting case law there too which might help inform.