At the very least, if we're holding people responsible for their software, we should be holding car manufacturers responsible for crashes and firearms makers responsible for murders. "Oh, you were drunk and crashed your Prius? Put the engineering team in jail!"
I know, I know. I'm in the uncomfortable position of being both pro gun, and pro gun-control, so I get the worst of both worlds. On one side people think you should be free to transfer a gun without a scrap of record keeping, and the other thinks that if you beat someone to death with a cell phone, you should sue Samsung.