[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: RE-PROPOSED: The Dictator Test

On Wed, Jul 07, 2004 at 05:04:33AM -0500, Branden Robinson wrote:
> The Dictator Test:
>   A licence is not Free if it prohibits actions which, in the absence of
>   acceptance of the licence, would be allowed by copyright or other
>   applicable laws.
>   License grantors do not have a private right of legislation; that is,
>   they are not dictators who can subject you to their personal jurisdiction
>   through a license.
> If anyone has an objection, please speak up ASAP.

I like the overall concept of this test, but there's an issue which
I'm concerned about, which is "what about legal differences between one
jurisdiction and another"?

Is this test meant to be relevant in the context of all laws, regardless
of country?  Does this mean that all free licenses become non-free when
some crazed lawmakers in some country decide that free licenses are
invalid in that country?

[Personally, I think all of our "tests" should be explicitly tied to some
practical concern so we have some basis for reasoning when unanticipated
situations arise.]



Reply to: