Wow, that's as explicit victim blaming as you can get.
> THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
That's the license OP agreed to when he used the code.
If on line 37, page 409, of a car rental agreement that you sign, it states that if you are an hour late in returning your vehicle, the car rental company will take your firstborn, and you sign this agreement, then it's on you, right?
This isn't a fine-print, it's literally in bold in the license file. I am not renting a car that says it might not run but they'll still charge me.
> If on line 37, page 409, of a car rental agreement that you sign, it states that if you are an hour late in returning your vehicle, the car rental company will kill your firstborn, and you sign this agreement, then it's on you, right?
This is a bad example because killing my firstborn is illegal. This is more akin to a car rental that charges and extreme late fee that is written on page 1.
Taking your example: Ebay decided that they couldn't afford the reputation loss to accept listings with dark patterns so they updated their T&C to reflect that, but that doesn't mean that the action that ebay took was the absolute truth.
To name a different example about dark patterns: There are websites which color the "Accept All Cookies" button with the primary action color and they place the button after the checkboxes where you choose your cookies, in the place that most of us expect a "Submit" button. As far as the GDPR is concerned they're complying.
As a consumer it is your choice to stop doing business with persons and companies that use dark patterns.
The same applies to open source. You are seeing that the number of maintainers who are disrupting projects is increasing. Would you really trust your business to a person that you don't even know? It is your reponsibility to audit the code that you're using.