Isn't the onus on the customer to define what sort of contract they enter into with a manufacturer (software included)?
Have you tried arranging a meeting with Microsoft to change the contract a copy of Windows is licensed under? Did you have to check with your car manufacturer to make sure the car doesn't blow up when it hits 20km/h?
Lumping every bit of code under "software" serves to obscure the different circumstances under which expectations are met
How else would it be done if they're all licensed under a 'software licensing agreement along the lines of "authors of this software are in no way liable for any harm resulting from the use thereof".' It seems the difference here (if software manufacturers were no longer protected) would be how much the manufacturer is liable for.
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