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@adamshostack @inthehands @Haste
I don’t believe legal expertise is required. Simply physics.
Axioms:
a) Computers
b) Code (defines computer actions)
c) People (write code, write selection of code)
It is a linear history of people getting a tool and deciding to use, or not that tool.

If I choose to toss hammers or other tools out of my 5th floor window, and a person below is hurt, the responsibility is with me, not the apt bldg., not the hammer.
Looks like the case argues itself. (?)