this post was submitted on 09 May 2025
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Who would enforce it
When I was younger, I once imagined a universal court which would be above all supreme courts, but without any government backing or any force to enforce.
The sole criteria it would have is that the case before it has been studied by supreme court of any nation, and ruled in violation the principle this court observes. This court would then study the case and then rule punishment to the accused AND penalty to the erring judge of the supreme court. The enforcement of its will shall happen in the good old American way of bounties and bounty hunting.
It was quite detailed, but the relevant crux here is that enforcing justice doesn't need dedicated manpower or government backing.
However, a specified court/judiciary is definitely required for a legal recognition.
You're describing a state
No. I am describing a global system that goes beyond state.
I don't think it's useful to directly compare the GPL. It's often disrespected, yes, but it's also often enforceable. If you violate the GPL in a for-profit product, you might be someone the courts have jurisdiction over and the license is enforceable. It is sometimes enforceable and therefore useful. In OP's proposal, the only target of it I see as viable is the "radical parties". All those other targets are pretty out-of-reach.
As a side point, GPL, along with MIT, CC0, WTFPL, etc., would still be somewhat useful regardless because they forfeit rights. I can modify and republish the software publicly because I'm confident I can't legally be sued for it.
Our legal systems already recognize and have some mechanisms to enforce contracts and licenses. We don't need to build a whole new one for each license. But our existing copyright system already fails to enforce itself in certain countries and with certain entities (e.g. military) and I just can't see that changing.
It's been tried before, usually as a joke. Kids magazines that say "not for sale to adults". Gaming mods that make you pledge your first born to the developer. To work, the laws of the country the user is in will apply, and will have to be enforced.