Item — HN Reader

The United States/Canada don't have a "loser pays" rule, so this exposes me to legal fees.

Right now, any lawsuit against me can be dismissed on summary judgement because even if my software causes harm, that's not a legal wrong to the extent I've disclaimed liability.

If you adopt any fact-specific standard for liability, that needs to be adjudicated in a trial. The legal fees alone would surpass the actual liability.

That creates huge leverage for the party with more resources. That kills hobbyist open-source development, since if your project takes off but a large enterprise finds it defective, they can threaten to sue you to enforce the "warranty" you were required to give.

> That kills hobbyist open-source development, since if your project takes off but a large enterprise finds it defective, they can threaten to sue you to enforce the "warranty" you were required to give.

I think you're assuming some kind of worst-possible outcome that hasn't been proposed and is unlikely to be enacted. To quote from earlier in the thread: "Disallow disclaiming liability on software used in a product."

I don't think that changes your hobby work on a rational-math library or an MVC framework or whatever, since you aren't making a business out of it. It will affect that large enterprise if they roll out their new product "Yearning 4 Mines: Gatcha Gig-work For Kids."