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I think the first step should be making a conceptual separation between developers and distributors, even when they are just different roles of the same person. A developer can share code with other developers, but once you start sharing the code to a wide audience, you are acting as a distributor.

Consumer protection laws tend to expect that consumer products should be safe by default. Products intended for professionals and businesses often have fewer requirements, but they should also be safe with reasonable precautions. Someone in the supply chain must take responsibility for that.

As is common in legal matters, this is more about intentions and reasonable expectations than exact definitions. GitHub can probably avoid responsibility by arguing that it's just a platform that allows developers to share their code. If you are hosting a popular package repository for some programming language, you must take some responsibility as the distributor, even if your users can be reasonably expected to be sophisticated. And if you are hosting a package repository for a consumer OS, you should probably take consumer protection laws into account.




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