this post was submitted on 09 May 2025
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How do you define totalitarian governments in an actionable way? The license is a legal document.
And what if the shitty government doesn't give a shit about your license because it's shitty?
What if excluding any group of people in this way is actually illegal?
That said, lots of licenses exist, e.g. non-commercial ones. Check them all out, don't write a new one.
Laws mean nothing as ideals, like you said, they need enforcement. Unless we engage in vigilante action, we rely on existing law enforcement systems, which do have biases and vested interests and therefore an incentive to ignore many of these criteria. Drunk driving is a case where most governments can look at it and see the obvious benefit to society and its rule, and will bother to at least try to enforce it. And LEA have resources that enable them to enforce that. This kind of license, on the other hand, doesn't have that same motivation nor capability. Who's going to stop a military using it? Their own government? Another government?
It's completely utopian.
Why?
No, that's not my argument. Plenty of those licenses are enforceable and sometimes enforced - even if they're not enforced perfectly.
My argument is that OP's license is mostly targeting situations which, I believe, are unenforceable. I know this following example is ridiculous, but it's a bit like saying "we should ban drunk driving in other countries". Drunk driving laws are useful, they're enforceable even if not perfect, but there's no point in trying to enforce them in other countries who won't respect our laws.
A good start to define an authoritarian government is recognizing what Amnesty International says. It is credible.
For a totalitarian government, there is no law enforcement. And I would say that you are absolutely right saying that no license will stop the usage in this case.
But there are other implications that could come from a restrictive licensing like make the distribution hard in that country, make it impossible to sell solutions with unlawful licensing to countries that are not totalitarian, make it hard or impossible to obtain support for that.
But in essence, more than everything, is the open source community sending a clear message that we don't collaborate with monsters.