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Answer by Greendrake for Are open-source developers protected to a greater extent from liability in the event of security breach involving their software?

It all depends on the license, not on whether the code source is open or not (although it is true that clauses shielding developers from liability are usually much bolder in open source licenses).

Say, if a commercial license had a clause like this (from 3-Clause BSD License):

IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE

you probably would not accept it/pay for it. But when it comes free it actually comes at the cost of you being unable to sue for damages.


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