The cognizant engineer who “stamps” the software for use is responsible if it were to follow the same paradigm.
Software is only different by convention, not because of some immutable natural law. That’s the point. The convention can be changed. There are already PE licenses for control systems, so there’s no reason it couldn’t extend to other software. However, I think the industry would fight that tooth and nail because it’s easier and more profitable to shrug off the responsibility.
What if the engineer who "stamps" the software is outsourced to a 3rd party company that has the necessary certification to avoid gross negligence. So the engineer has followed the protocol as det my law and has done everything right, they can't be liable.
Happened at my uni, look at the comment below.