1. Consumer protection, product safety, and liability.
2. Truth in advertising, fraud prevention, etc.
3. Freedom of expression, association, publication, etc.
There is legal precedence in concepts like "attractive nuisance" to put the liability on a producer or owner not to allow the naive public to encounter their dangerous constructions. But we generally allow for media to illustrate such things, i.e. you can depict dangerously unprotected swimming pools, booby-traps, or poisoned food distribution in a book, image, or movie. You get in trouble when you put any of this in the real world though.
This is particularly confusing with software because of its duality as being something like speech or media that we can publish and also something like tools or products that can be manufactured, distributed, and consumed with observable results in the real world.
Who is liable when the unsafe software is distributed and converted from speech into machine action by naive end users?
If you actively advertise and give away free food, there is a baseline assumption that you are at least cooking the food in sanitary conditions.
If people get sick after eating the food you gave them, you can’t just shrug and say it was free.
Any software you use with this clause, "THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE."
Already attests that the authors do not offer guarantees that the software will have the features you need, supply chain security or otherwise.
The software is provided as is.
Blindly pulling updates from providers that offer you no contractual guarantees has to be gross negligence right?
IANAL.
If I mix some ecoli into your drink mix, I did this on purpose. You just don’t know it until it is too late.
Are you liable for allowing this to happen?
Let's take npm. The postinstall scripts and auto fetching of dependencies have always been seen as problematic. So plenty of warnings beforehand, but people chose convenience over security.
Debian's package management has the same feature (postinstall scripts and dependencies management). But the risks are lower, mostly because your main targets would be a core group of committers, which I'd like to believe is more conscious about security risks. And there's a lot of reviews before binaries are built and made available in a stable version. And I'd also like believe popular packages like nginx, curl, coreutils, postgresql,... have a lot more eyeballs on them.
In the context of commercial food safety, we can have your discussion. Outside of commercial activity, you are accepting all risk with consumption of home baked goods. There are no guarantees around cooking area cleanliness, hygiene, status of ingredients, cooking methods, or any of those guarantees. No legal system with give you a standing to levy an action against someone in that case. Especially if ultimately, you elected to use that code/eat the treat. Now, if you can prove, mal-intent; they made a batch of brownies, other people ate brownies, but you specifically got sick after being served a sample by the individual; then you might get some extra attention, but that has a much higher bar of proof.
So yes. If you get the one bad brownie out of a batch I cook in my kitchen for the potluck you ate at knowing the risks, that's on you. I'd be mortified personally if it happened, but in all likelihood it was accidental. You aren't paying me, and I'm doing it because I want to, but everyone does ultimately accept some risk.
Same goes for physical manufacturing supply chains too! QA is WAY more strictly enforced through contracts and vendor agreements with pre-defined, agreed upon, and often voluntarily entered into audit processes defined in mutually entered into contracts. It's the QA groups task at a step of the process to audit inputs for conformity to agreed upon Quality Standards, and to assure, and guarantee through Quality Control the specs are met for the next link in the chain, and to be audited for such compliance by the QA group at the next link in the supply chain. The key here is a shared, compelling, and formalized commercial interest, solidified through shared investment by all parties in the chain. That does not exist in FLOSS. The vast majority will never pay you, or enter into any supportive relationship with you. In fact, most code is written to the standard of "I know how I'm going to use it". If I'm not dealing with OWASP top 10 or what have you in my context, I'm not making my code handle it. Not my problem. I also don't have guilt sharing it either. You use it in a way that it's dangerous to you, that is on you.
If this angers you, fine. But while I personally understand where you are coming from, I've been around long enough to know that it is absolutely the case that if you want baseline duty of care to everyone who comes across this product regardless of my purposes I designed it for... There will be no more shared code. Nor will we share specs either.
Open source is fundamentally a gift culture from the authors: here's a thing. You can use it for free; it may or may not meet your needs; but I do not owe you anything either way.
Take it to the extreme. What if I write a library, put an OSS license on it, advertise it, and then bundle malware in the release.
Am I fault for including malicious code, or are the users who downloaded it entitled for expecting the code, that I asked them to use, will not harm them.
I would argue the burden is mostly on the user for smaller niche projects, but mostly on the developer for large, heavily advertised, critical infrastructure projects.
It is not entitlement to expect operating systems, package managers, browsers, etc to be following good practices.
It is the definition of entitlement, because what you are claiming is "good practices" is actually "ongoing labor and active management."
And, again, contravenes the license you agreed to. If you don't like that, you should execute a contract that does offer the support you want.
The last person, I think, most clearly, does "owe" you supply-chain security, in the sense that he bears moral (and ought to be made to bear professional) responsibility for any adverse consequences you may suffer from its lack, though in practice he will probably often protest that he couldn't do anything about it because it's not like he is developer. Whether the developer also owes it is a more interesting question, and I think it greatly depends on what attitude he takes towards the evangelist (does he consider him a nuisance who makes implicit promises the developer is uninterested in delivering, or an ally who raises the dev's profile?).
Long ago, I remember seeing a cartoon which involved a tag-team of two people robbing a third, with A pointing a gun at C and saying "give your money to B", while B comments "I'm really just standing here, but I figure it's best if you do as he says". I'm not sure what exact piece of day-to-day politics this was made to comment on (though it was probably some or another flavour of political violence), but it seems somewhat applicable here as well. The lines just become "accept the supply chain, or suffer my public ridicule" and "I'm just providing the software 'as-is', but you probably should do as he says".
This is doing a lot of heavy lifting, and not really valid as a categorical statement. It's important to narrow the context because "Free software developers" are ultimately still people or organizations that fall into our established systems. There is no specific purchase contract between the provider and user, so unlike commercial software that supply-side obligation is not explicit. There's typically a license that tries to legal-away any responsibility, and this is not so clear-cut. Free software is not found at the side of the road without any providence. It's usually the product of one or more legal entities, promoted, it's use encouraged and maintenance & delivery can be implied by the actions of the developers. All of these things carry varying degrees of obligation within legal, cultural and social frameworks. We try to reduce this down to "no obligations" or "expectation to support for free in perpetuity" but no binary position is accurate.