The other problem here is the concept that commercial software should be held to some higher standard of liability than noncommercial software. If some random group of strangers build a bridge, which then collapses and kills someone, they're still very much open to lawsuits. So far, the programmers of the world have fended this off by shouting in all-caps about warranties express or implied -- but eventually (I hope) the world will get sick of their shit and hold them accountable for failure. When that happens, whether or not the software is sold should have nothing to do with damage liability (outside of any sale contracts that my apply).
A man can dream.