I don’t get it. Couldn’t they just write a liability disclaimer clause that covers that, without explicitly calling out particular jurisdictions? E.g. “you are solely responsible for ensuring your use of the model is lawful and agree to indemnify the authors or whatever. If you can’t do that in your jurisdiction, you can’t use the model.”

The problem is that AI act covers entities releasing AI software as open source. That has never been the case so far, so while they're still figuring it out, better safe than sorry.