Negligence and Open Source

icing asks: "With the story about the Melissa trial, some people argue that Microsoft is partly to blame. Negligence in making a product safe to use, cannot be excused. And again, software is compared to real world things like cars and how car makers could not get away with what Microsoft is doing. Does not the same argument apply to makers and distributors of open software? Could makers or distributors of Open Source be held liable? Under which conditions? Or do we have a double standard here?" Hmmm...a touchy issue. What are your impressions?