Public domain software is not open-source?

[Romain Berrendonner]

Philippe Verdy wrote:
> Consider the case of medical products: the average consumer has absolutely
> NO way to verify the product, he can only trust what is explicitly written,
> and several things MUST be written explicitly to allow the consumer to
> decide if he trusts that product, or to help him asking for inspection by a
> third-party to verify the claimed assertions. It' not up to the consumer to
> take the responsability if what he is accepting proves later to be arsenic
> that will have killed him!

I'm sorry, but did you ever read about liability for defective products, 
as implemented by article 1386-1 and following of the French civil code, 
  resulting from a European directive of the 25th of July 1985 ?

Art. 1386-9 (translation courtesy of www.legifrance.gouv.fr):

        "The plaintiff is required to prove the damage, the defect and 
the causal relationship between defect and damage."

-- 
Romain