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you'll be prosecuted if you publish Unlicensed Software
No, that’s very clearly covered by the first amendment, this is FUD.
From the beginning of the article, quoting the document it’s about:
“Responsibility must be placed on the stakeholders most capable of taking action to prevent bad outcomes, not on the end-users that often bear the consequences of insecure software nor on the open-source developer of a component that is integrated into a commercial product”