Earlier quoted context omitted.
> but we are adults here: if you agree to put money in smart contracts, you should have verified the code. And if you think the code is flawed, do not put money: otherwise do not complain afterwards. It is not that hard. That's not how it works. Courts generally operate by ambiguous standard of what reasonable people and reasonable experts can actually do given the state of technology. No reasonable software engineer…
This reminds me of the Toyota Prius (and other models') un-commanded acceleration problem. Should car buyers examine Toyota's code, or should they assume that the gas and brake pedals work as expected? It's not reasonable to expect software users (even other developer users) to understand or audit code in order to be able to use software -- for anything.
They are open source by definition and no one knows, by definition, who deployed them. It is a very different case.