Not every jurisdiction allows disclaiming the various possible implied warranties (such as the warranty of fitness for a particular purpose).
What you're suggesting also might be at rather large risk of being ignored by the court as pretext, or esp to the extent that it's not pretext, would be viewed by developers as compromising their independence, which is quite important to them.
There is no shortage of alternative structures that you could imagine putting in place if you knew in advance that this would happen ... but if every time you went to contribute to a piece of open source you needed to first form a non-profit it's pretty clear that there wouldn't be any open source! :)