> If it is commercial, be it closed source or not, an end user's recourse is to sue the supplier (or something similar).

Are there examples of doing this successfully? As far as I can tell, software manufacturers have largely been successful at avoiding traditional product liability for damages caused by malfunctioning software, through a mixture of EULAs and courts buying the "but software is different" argument. Here's an article series on that: http://www.newrepublic.com/article/115402/sad-state-software...