I think you are missing the point. The point is that with commercial software is that there exists an entity that accepts responsibility for it under threat of

I think you are missing the point. The point is that with commercial software is that there exists an entity that accepts responsibility for it under threat of severe penalties. You don't want somebody to be killed and then have just everybody shrug "it is not me" and not be able to find a culprit. Personally, I always include a note that my software is offered as is and I do not accept any liability for anything that it might do including damage to property or somebody's health or life. That, obviously, absolutely disqualifies it from any critical use. But that's only fair, if I am not compensated for my work I should not be held liable for it either. Now, once we find out the software pretty much must be developed commercially, there exists currently no way to force the commerce to make the code public and there are valid arguments in the debate that making it public could make it less safe.