Re: cdrtools - GPL code with CDDL build system
On 3/19/06, Måns Rullgård <email@example.com> wrote:
> "Andrew Donnellan" <firstname.lastname@example.org> writes:
> > Why is he quoting the GPL *preamble*? Preambles aren't supposed to
> > have legal effect, are they?
> I guess JS is as thoroughly confused about legal matters as he is
> about device naming.
> > (Interesting looking at the case of the preamble question in
> > Australia's 1999 constitutional referendum - the 'no' case says that
> > the preamble could have had legal effect.)
> Could you elaborate on this, or provide some pointers?
The 1999 referendum asked two questions - one about becoming a
republic and one about inserting a constitutional preamble. Under
Australian law the MPs who vote for the amendment and the MPs who vote
against must write a 'yes' and a 'no' case to be printed and
distributed to voters before the referendum is held.
The no case for the preamble mentioned that several people, including
former High Court chief justices and Federal Court judges, had said
that the preamble could have significant legal effect, even though
another section was added to say that the preamble didn't have effect.
They also pointed out that the Prime Minister had included a reference
to 'Aboriginal kinship' but not a reference to 'Aboriginal ownership'
as shown in Mabo v Queensland.
Both questions were defeated by about 70%. More can be found at the
website of the Australian Electoral Commission (http://aec.gov.au).
> Måns Rullgård
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