Sorry, but I feel the author is reaching for a conclusion.
From OP, in the OVH-case liability seems to override the contract / waivers when OVH was both the storage And backup provider and did not actively underline that this solution is suboptimal, in a situation where multiple data centers are physically very close. That's a chain of evidence.
For CrowdStrike, it is clear that the offering is to more mature counter parties (thus raising the B2B standard of evidence) and that CrowdStrike very essentially did not do / support staging, whatever. This is indeed bad industry practice, but one that can thought to be explicit from the start of the agreement. At least in my locale you either make explicit agreements OR industry standards are leading. We do not do industry standard X is pretty clear. Read the list in OP, replace CrowdStrike with Microsoft and then think of the international liability cases you've heard from where Microsoft was found liable for downtime, hacks and other issues.
Look, liabilities will always arise in such situations. But I expect only minor liabilities will arise. Mostly (AFAIK IANAL) the terms & conditions are applied in B2B-cases. This case is pretty obvious: you got what you signed up for. CrowdStrike with full scale access to your machines and no guarantees. On the other hand, Crowdstrike lost 125 billion in market cap. That's an indication of {liabilities + loss of future profits}. Pretty massive event for not being willing to do staging. But I expect it's mostly that CrowdStrike is tainted from now on. A friend of mine had a very bad stint as an employee of CrowdStrike recently and from what I learned from that case, I'm happy that the nature of the firm is somewhat more in the open now.
From OP, in the OVH-case liability seems to override the contract / waivers when OVH was both the storage And backup provider and did not actively underline that this solution is suboptimal, in a situation where multiple data centers are physically very close. That's a chain of evidence.
For CrowdStrike, it is clear that the offering is to more mature counter parties (thus raising the B2B standard of evidence) and that CrowdStrike very essentially did not do / support staging, whatever. This is indeed bad industry practice, but one that can thought to be explicit from the start of the agreement. At least in my locale you either make explicit agreements OR industry standards are leading. We do not do industry standard X is pretty clear. Read the list in OP, replace CrowdStrike with Microsoft and then think of the international liability cases you've heard from where Microsoft was found liable for downtime, hacks and other issues.
Look, liabilities will always arise in such situations. But I expect only minor liabilities will arise. Mostly (AFAIK IANAL) the terms & conditions are applied in B2B-cases. This case is pretty obvious: you got what you signed up for. CrowdStrike with full scale access to your machines and no guarantees. On the other hand, Crowdstrike lost 125 billion in market cap. That's an indication of {liabilities + loss of future profits}. Pretty massive event for not being willing to do staging. But I expect it's mostly that CrowdStrike is tainted from now on. A friend of mine had a very bad stint as an employee of CrowdStrike recently and from what I learned from that case, I'm happy that the nature of the firm is somewhat more in the open now.