3 ms·
FWIW, I fully agree with your interpretation of RMS's argument here(to be fair, I think his argument as presented was worse, but giving him the benefit of the d
by Sacho 7y ago
FWIW, I fully agree with your interpretation of RMS's argument here(to be fair, I think his argument as presented was worse, but giving him the benefit of the doubt, I arrive at your interpretation). However, I don't see how that argument can be "beyond the pale of responsible discourse". This is a legit legal defense!
From what I can see, it would be an admissable defense in the Virgin Islands(strict liability for only under 13), and irrelevent in Massachusets(age of consent > 16), etc. But I don't mean to wade too deply in the legal correctness - it's quite possible I'm wrong(not a lawyer), my point simply being that I can't see how this argument is out of line, given the controversial[1] nature of strict liability, and the differing statutes from state to state and country to country.
[1] - Here's a quote demonstrating its controversial status:
> The Supreme Court proclaimed that "[t]he contention that an injury can amount to a crime only when inflicted by [mens rea] is no provincial or transient notion. It is ... universal and persistent in mature systems of law ...." Morissette v. United States, 342 U.S. 246, 250, 72 S. Ct. 240, 96 L. Ed. 288 (1952). See also United States v. United States Gypsum Co., 438 U.S. 422, 98 S. Ct. 2864, 57 L. Ed. 2d 854 (1978) (offenses that do not contain a mens rea element have a "generally disfavored status").
(Taken from https://www.courtlistener.com/opinion/2336454/francis-v-government-of-virgin-islands/ https://www.courtlistener.com/opinion/2336454/francis-v-gove...)
- bscphil 7y agoSo ... the only people who have taken the time to actually go through my interpretation of RMS agree with me about how I'm interpreting him? Then why am I being relentlessly trolled and downvoted in this thread, when I have repeatedly stated that this is the only point I wish to defend? As I said in the OP, I wanted to make a fairly simple point about RMS's leadership of GNU. My claim that it was beyond the pale was something that I explicitly said is "not really relevant for this particular thread". Maybe a reasonable debate could be had on this point, but it wasn't one that I was interested in having when I wrote the OP (and I said as much), and I definitely don't feel like getting into it now after hours of this miserable slog of a thread. It's also worth pointing out that you're the first person (I think) to debate this point: most comments (go through and read them!) are denying that RMS said these things. Thank you for at least saying you agree with my interpretation.