open source means there's no owner to begin with. we can all be owners since it doesn't belong to anyone.

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That is what you feel (me too ) but in the eyes of law , there is no such thing as "belongs to everyone" unless it is water or air and that too I am not so sure of now a days (land definitely not) ..

anything man made has an owner - home , car .. if your asset is involved in breach of law - you are on the hook . That however doesn't mean you are guilty - you just need to prove your innocence - the burden of proof still on you .. which is a bigger punishment IMHO ..