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Let's blame the dev who pressed "Deploy" - by Dmitry Kudryavtsev
(yieldcode.blog)
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That's just covering up, like a disclaimer that your software is intended to only be used on 29ᵗʰ of February. You don't expect anyone to follow that rule, but you expect the court to rule that the user is at fault.
Luckily, it doesn't always work that way, but we will see how it turns out this time
Lawful Masses with Leonard French covered this yesterday. He is a copyright attorney. He starts the video with the opinion that the ToS wouldn't protect CrowdStrike.