rubi said:
Read his
paper. He explains that his definition of locality derived from the assumption of CFD.
Can't read this article as it is behind paywall.
But when I look at his definition of "local" from this article
http://dx.doi.org/10.1103/PhysRevA.47.R747 it seems that he very carefully avoids any counterfactual reasoning (btw reference [10] is the paper you gave):
"For a given theory, we consider all the possible sequences of N events that can occur in each setup. N is the same for the four setups and arbitrarily large. As in [9] and [10], a theory is defined as being "local" if it predicts that, among these possible sequences of events, one can find four sequences (one for each setup) satisfying the following conditions:
(i) The fate of photon
a is independent of the value of β, i.e., is the same in an event of the sequence corresponding to setup (α1,β1) as in the event with the same event number k for (α1,β2); also same fate for
a in (α2,β1) and (α2,β2); this is true for all k's for these carefully selected sequences.
(ii) The fate of photon
b is independent of the value of α, i.e., is the same in an event k of the sequences (α1,β1) and (α2,β1); also same fate for
b in (α1,β2) and (α2,β2).
(iii) Among all sets of four sequences that one has been able to find with conditions (i) and (ii) satisfied, there are some for which all averages and correlations differ from the expectation values predicted by the theory by less than, let us say, ten standard deviations."