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This I agree with. That writing it was likely part of conspiracy to launder money and that publication of the already existing code is free speech are not contradictory positions.
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Am interesting analysis arguing GitHub has a First Amendment right to host independent copies of source code repository, and contributions to this fork, or any other, are also protected speech: eff.org/deeplinks/2022
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If just as an act of protest without actually using it, probably legal and ethical. If for personal or affiliates' use to conduct transactions? Maybe not. And it would possibly take a court to determine which.
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They're saying that the illegal act is publishing it in a way that criminals can use it. The governments may not consider publishing it on GitHub to be enough to cross that line since there's more work required to publish it in a usable form on Ethereum where it can be run.
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If something is an extralegal unregulated bank that's violating KYC requirements a bank would have to follow facilitating large anonymous transfers of wealth, I don't really care if governments lack the technical expertise to describe what's illegal about it accurately...
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