Re: RE-PROPOSED: The Dictator Test
Raul Miller wrote:
> 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.]
This is really about freedoms. You don't want to *lose* freedoms (the right
to criticize the author, sue third parties, etc.) by getting a free
software license.
The "Freedom to Sue" may not count as a worthwhile freedom. :-)
--
There are none so blind as those who will not see.
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