Only facts can be right or wrong.

Opinions (such as that the Earth is flat) can obviously be wrong. Facts cannot. Look up the definition of fact.

Anyway, I know there are applications that don’t have binaries, but most do. I am not a lawyer, but if I’m not mistaken, source code is under U.S. law protected by the first amendment while binaries are not.

You admit applications are not necessarily binary, the law does not mention binary or source code or anything like that where it defines applications. You are just grasping at straws to justify an indefensible position, that whoever possesses a binary is it’s owner.

Which is obviously untrue. Ownership of software means ownership of it’s copyright. It’s been made very clear in the last decades that you (legally) don’t even own software that you pay for. You own a license to use the software.

You cannot argue, in good faith at least, that this is what is intended by the law. First it would be spelled out and secondly it would mean that for all applications, not just FOSS ones, the people paying the fines would be the users, $2500 for each app they install that’s in violation. Which is obviously not what’s intended.

I am not saying that the law is FOSS friendly. I am saying that the law does not cover all FOSS software despite it being the clear intend of the lawmakers to cover all software. In such cases it will have to be decided by courts (I believe courts still have this function for state laws), whether it also applies to FOSS software.

Unfortunately it does since it does not discriminate. If anybody that can be effectively prosecuted (i.e. US/California resident) takes your advice and takes it to court, he is getting fucked.

What I am saying is that the lawmakers clearly do not understand the topic they are trying to regulate.

No shit. That does not mean FOSS software is not affected. You also do not understand the topic or choose to not understand it because it’s spells trouble for FOSS. But pretending everything is ok does not make it so. FOSS projects either need to implement it or make sure they isolate themselves from US/California jurisdiction.