Why write open-source software at all, when the government could outlaw open-source entirely? What if an asteroid destroys Earth and there are no humans left to enjoy your work? At some point, you have to agree that a risk isn't worth worrying about. And your "worst possible outcome" is just the arbitrary outcome that you think has some subjective risk threshold. And it's certainly not one I agree with. Furthermore, calling it a "nuke" is a bad analogy because that implies that it can't be put back in the bottle once opened. In reality, we're dealing with legal definitions, which can be redefined as easily as defined.