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IANAL but I see two issues here. First, you still have to show that he had the duty to act, which is quite problematic given that there was no relationship bet
by candybar 8y ago
IANAL but I see two issues here. First, you still have to show that he had the duty to act, which is quite problematic given that there was no relationship between the parties beyond an open source license which expressly disclaims any liability. There's no relationship between the end users and the library maintainer and for any specific instance of the harm, it's difficult to argue that the end user, whose connection to the library is merely that whoever wrote the software happened to use the library, is owed some duty by the library maintainer. Likewise, the idea that the library maintainer should have foreseen this harm, given that the library maintainer likely has no idea how the library is being used, seems far-fetched.
Second, since software engineering is not a licensed profession, for any related conduct to be seen as negligent, it has to be something that a reasonable person should be able to avoid and foresee that could cause specific harm. Even a relatively gross act of incompetence by any reasonable engineering standards likely does not meet this bar, given that there's no license required for someone to be in this situation and that it takes a lot of expertise to understand how specific bad practices could cause harm.