[danarmak]

If I build an unsafe boiler, and gift it to you, and then it explodes and kills you - am I not liable because it was a gift and not a sale? Can I disclaim away any liability and "fitness for purpose" when I gift you the boiler?

ETA: the first couple of Google results say that no, product liability can't be disclaimed away - particularly when there is no contract or opportunity for bargaining. I am very much not a lawyer but this sounds correct to me (i.e. this is what the law is).

https://www.findlaw.com/injury/product-liability/are-product...

https://www.eltonlaw.com/does-a-disclaimer-mean-you-cannot-f...

[aj3]

Your second link mentions sellers avoiding liability by selling product (that can be inspected in stores) "as-is". It could be argued that open source falls in the same category. You have an opportunity to inspect it before using and if you don't like it or don't feel qualified to pass judgement, no one is forcing you to use it.

[danarmak]

The second link doesn't mention "as-is", the first one does. I'll assume that's what you meant. It says,

> Though manufacturers cannot so easily escape liability, sellers can escape liability by informing the customer before the purchase that a product must be taken "as-is,” which means how the product was found when it was purchased in-store. “As-is” works because the buyer has an opportunity to inspect the product and decide whether to buy it given its condition.

On that analogy, Github and RedHat aren't liable, but the original author of the software still is.