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Re: "dissident test" has been proven wrong and should not be used any more



On Mon, 24 Sep 2012 23:29:11 +0900 Osamu Aoki wrote:

[...]
> I also think if a person is a real dissident who is determind to violate
> lethal legal requirements of his regime, he will not hesitate to violate
> a petit legal requirement of the license text. He will use any tools
> available in his hand to change his regime.  So why worry about
> unenforceable part of the license text.  That is what I think.

As far as I see it, the rationale here is that the dissident is
considered as an outlaw in his/her *own* totalitarian state.
But, if he/she is compelled to violate the license of a piece of
software, he/she may face legal issues even *abroad*, in other,
(more) democratic countries (where the copyright holders of the piece of
software may live).

This is unfair and it's due to the license.

Such a license should be regarded as including a non-free restriction,
that discriminates against dissidents in totalitarian regimes (DFSG#5).


So, I disagree with you: in my own personal opinion, the dissident test
is a useful means to spot non-free restrictions and should not be
abandoned.


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