The second link doesn't mention "as-is", the first one does. I'll assume that's what you meant. It says,
> Though manufacturers cannot so easily escape liability, sellers can escape liability by informing the customer before the purchase that a product must be taken "as-is,” which means how the product was found when it was purchased in-store. “As-is” works because the buyer has an opportunity to inspect the product and decide whether to buy it given its condition.
On that analogy, Github and RedHat aren't liable, but the original author of the software still is.
If I build an unsafe boiler, and gift it to you, and then it explodes and kills you - am I not liable because it was a gift and not a sale? Can I disclaim away any liability and "fitness for purpose" when I gift you the boiler?
ETA: the first couple of Google results say that no, product liability can't be disclaimed away - particularly when there is no contract or opportunity for bargaining. I am very much not a lawyer but this sounds correct to me (i.e. this is what the law is).
> Since JavaScript has an especially high burden for backward compatibility you can’t really remove old cruft
You can't remove features from JS runtimes (browsers or node), but you can certainly remove them from a new language version. "use strict" already did it once in JS. It can be replaced/upgraded with "use ecmascriptX.Y" for each language version.
And transpilers targeting JS and tools like packers and minifiers can enforce language versions without declaring them in each file.
> Though manufacturers cannot so easily escape liability, sellers can escape liability by informing the customer before the purchase that a product must be taken "as-is,” which means how the product was found when it was purchased in-store. “As-is” works because the buyer has an opportunity to inspect the product and decide whether to buy it given its condition.
On that analogy, Github and RedHat aren't liable, but the original author of the software still is.