The Dictator Test:

  A licence is not Free if it prohibits actions which, in the absence of
  acceptance of the licence, would be allowed by copyright or other applicable
  laws.

  License grantors do not have a private right of legislation; that is, they
  are not dictators who can subject you to their personal jurisdiction through
  a license.

	-- Branden Robinson in
	    http://lists.debian.org/debian-legal/2004/07/msg00097.html