On 07/18/2011 11:06 PM, Shai Berger wrote: > On Sunday 17 July 2011, Steve G. wrote: >> By the way, is it not now illegal to support such a ban? > No. It is a "civil wrongdoing": You can be sued for doing it, but not > prosecuted. IANAL
This is one of the most misunderstood laws in recent times. This is not to say it is a good law. It isn't, and one of the main reasons it isn't is because people think it outlaws things it, in actuality, doesn't. So in the interest of enhancing the Israeli democracy, here is my take: He cannot be sued, either. First, it is not the act of boycotting that is prohibited, but the act of promoting others to boycott. This, alone, clears RMS. Also, you need to be the boycotted party. You need to have been included in the boycott not for anything you did, but merely for being a part of Israel in some way. Last, unless malice is proven, you will need to have been financially hurt by the boycott. "Malice" is not defined by the law, but there is a principle that a law may not be interpreted in such a way that a word or a sentence in it becomes without meaning. Since the law requires calling for boycott, for reasons other than the party's actions, and that the boycott call should have a reasonable chance of being effective, then those criteria may not be the ones that determine malice. Malice has to be something beyond that. In other words, this law is hardly ever applicable, to anyone, and RMS is no exception. > > (Just setting the record straight). That. Shachar -- Shachar Shemesh Lingnu Open Source Consulting Ltd. http://www.lingnu.com _______________________________________________ Discussions mailing list Discussions@hamakor.org.il http://hamakor.org.il/cgi-bin/mailman/listinfo/discussions
