That's such an obvious category mistake that I'm not sure how to respond. It almost feels like a bad-faith interpretation of Wichary's original point.
That does leave the question of why this idea has started to take off more recently. Part of the answer is certainly that Rich Hickey, disgracefully, set the ball rolling in this direction, and that many others have welcomed it as one weird trick and one pat answer for all the worsening problems of developer burnout. Unfortunately it seems hard to dismiss the idea that it's also social breakdown driven by a broader trend, as over time we move further and further from the pre-'60s "neurotic society" of people obsessed with duty and social conformity (often with oppressive or destructive results, to be sure) into the "psychopathic society" in which even people who don't themselves merit a Cluster B diagnosis have internalised narcissistic and psychopathic attitudes.
You can't have both.
> anyone gets to do more or less what they want with the code
so if the software had explicitly installed a root kit, you'd say the same?
If you give out free soup, you get to poison it too?
"Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE."
Unclear? The fact that it's part of a license does not make it a legal-system-only warning.
The software might eat your dog, and feed your homework. Run it at your own risk, and be prepared to submit patches or fork it to make it behave the way one prefers.
Some bit of open source software does something bad or unwanted which causes people point out that it shouldn't do that bad thing. In this case, not even "the authors of this software should be held liable for the software doing the bad thing", just, "Hey, the right thing to do would be to update the software to not do the bad thing."
Why does this always lead a zillion people to come out of the woodwork to point at licenses and warnings or whatever? Like, yes, there's a warning. Your software having a warning doesn't mean people can't criticize you and your software for doing bad thing. Your software license does not give you immunity from criticism or from people saying you should change your software.
No, you don't have to change the software. Yes, other people are within their rights to fork the software themselves. But they can also point out that they told you that your software was doing the bad thing and you didn't fix it or change it, and that as a result they don't like you or your software or both — whatever. Nothing at all wrong with that.
Sure, and when it does we can say “this piece of shit ate my dog, and the authors of the software have no concept of a duty of care to their users”. And no amount of “well, axually…” is going to make any difference. I have a hard believing someone is copy-pasting a license file in good faith in response.
If my neighbor mows my lawn for free, I'm not going to complain about his workmanship. If I want the job done a particular way, the solution is to do it myself, or pay someone to do it the way I like.
I think this is a decent analogy, but it works better the other way. If my neighbour offers to mow my lawn, I accept, and then he destroys the flower bed adjacent to the lawn, I will be upset, and I will have every right to complain about what he did. If he reacts by blithely dismissing my concern, then I certainly have the right (and arguably the obligation) to warn others that they should think twice about accepting his offers of gardening assistance.
Some expectations reasonably go without saying; "don't destroy my flower bed when mowing my lawn" is one, and IMO "don't destroy my data without a clear warning and a chance to back out" is another, though of course we might disagree about exactly where this does and doesn't apply.
This is a great example of why. Most humans have a sense, deep down, that contracts often exist to bridge the gulf between the ethically defensible and the legally defensible.
It's hard to imagine that any sane person who is just looking to use a popular editor would read some broad limitation of liability language like the above, and interpret it to mean, "By the way, we intend to quietly delete certain files created by a competing fork of this project whenever we find them."
It's true that contracts with liability limitation clauses like this are an absolute necessity in this day and age. But there's also a non-legal principle of mutual respect that is absolutely necessary to a healthy open source community.
Forks of projects trodding all over each others files is one of the more common problems that has happened, historically. Prior to the major efforts around freedesktop.org around configuration standardization, it was quite common. It'd be one of the first things I looked for when switching to a fork.
I also suspect that few people actually believe it’s ok and these legalistic defenses are more about circling the wagons. How many people would defend Microsoft if a new Office version automatically and quietly stripped edit history from documents that were originally created by other versions? Would we be hunting for limited liability clauses in their EULA to defend the design decision?
Thankfully, that's not a thing I ever did.
> I also suspect that few people actually believe it’s ok and these legalistic defenses are more about circling the wagons.
For me it's more about healthy boundaries and expectations. If I'm somehow paying for a project's development, I have higher expectations. If I'm not, I understand that I've chosen the dev/test track and there will be bugs and issues. The developer may choose to run off in an odd direction coughGnome3cough and my only recourse is to fork or hope someone else does. Disagreements as to how things should work happen pretty often.
I'm not defending anything or anyone. Just describing the system as it exists.