That's exactly right. Imagine a license that said "...and I can come to your house and kill you if I want to." Even if someone signed it in ink and mailed a copy back, the licensor still can't go to their house and kill them even though the agreement says they can.
I can imagine the case of maybe a "King of the Hill"-type game played on bare hardware, where you're actively trying to hack into and destroy other players' systems. Such a thing might have a license saying "you agree we may wipe your drive after downloading all your data", and that might be acceptable in that specific situation. You knew you were signing up for a risking endeavor that might harm your system. If/when it happens, you'd have a hard time complaining about it doing the thing it advertised that it would do.
Maybe. Get a jury involved and who knows?
But somewhere between those 2 examples is the xz case. There's no way a user of xz could think that it was designed to hack their system, and no amount of licensing can just wave that away.
For a real world analogy, if you go skydiving, and you sign an injury against waiver, and you get hurt out of pure dumb luck and not negligence, good luck suing anyone for that. You jumped out of a plane. What did you think might happen? But if you walk into a McDonald's and fall through the floor into a basement and break your leg, no number of "not responsible for accidents" signs on the walls would keep them from being liable.
> For a real world analogy, if you go skydiving, and you sign an injury against waiver, and you get hurt out of pure dumb luck and not negligence, good luck suing anyone for that. You jumped out of a plane. What did you think might happen? But if you walk into a McDonald's and fall through the floor into a basement and break your leg, no number of "not responsible for accidents" signs on the walls would keep them from being liable.
Even this is a bad example, since it is just gross negligence and not intentional. A better analogy would be if mcdonalds shoots you.
I can imagine the case of maybe a "King of the Hill"-type game played on bare hardware, where you're actively trying to hack into and destroy other players' systems. Such a thing might have a license saying "you agree we may wipe your drive after downloading all your data", and that might be acceptable in that specific situation. You knew you were signing up for a risking endeavor that might harm your system. If/when it happens, you'd have a hard time complaining about it doing the thing it advertised that it would do.
Maybe. Get a jury involved and who knows?
But somewhere between those 2 examples is the xz case. There's no way a user of xz could think that it was designed to hack their system, and no amount of licensing can just wave that away.
For a real world analogy, if you go skydiving, and you sign an injury against waiver, and you get hurt out of pure dumb luck and not negligence, good luck suing anyone for that. You jumped out of a plane. What did you think might happen? But if you walk into a McDonald's and fall through the floor into a basement and break your leg, no number of "not responsible for accidents" signs on the walls would keep them from being liable.