Re: The Sourceless software in the kernel source GR
Manoj Srivastava wrote:
> On Mon, 18 Sep 2006 16:03:11 -0700, Steve Langasek <email@example.com>
>> On Mon, Sep 18, 2006 at 05:32:10PM -0500, Manoj Srivastava wrote:
>>> On Mon, 18 Sep 2006 12:36:17 -0700, Steve Langasek
>>> <firstname.lastname@example.org> said:
>>> > For the record, this is not the full text of the votable
>>> > resolution which I proposed; the preceding text was preambulatory
>>> > text, not rationale, and was submitted as part of the resolution
>>> > itself.
>>> Which is it, a preamble to the resolution, or the resolution
>> It is a preamble, and a preamble is a votable component of a
> Nope. The resolution is what ew resolve to do, and is the
> only actionable part; the preamble is something that lays down the
> groundwork, and is part of the support ensemble that lrsfd [rp[;r to
> sgree to resolve to do whatever.
>> Or perhaps you think no one ever intended to ratify "We the people"?
> I can't help it if a bunch of dead white men got is all wrong
> a couple of hundred years ago :)
> Look, I pledge allegiance to the flag and the constitution of
> the US, not to the preamble and other related material to the
> constitution of the US.
The preamble is part of the Constitution. Maybe not one which gets
used very often in court, but part of it.
> The courts look at the GPL -- not the preamble to the
Incorrect. The preamble *may* have legal significance. It contains
statements of intent which may color the reading of the rest of the GPL.
If there is a clause with disputed interpretation, but one interpretation
is compatible with the intent stated in the preamble and the other is
contrary to it, a court would normally choose the compatible interpretation.
Preamble-reading *does* happen in court, albeit rarely. Preambles are
not mere surplusage.
> When you derive a license from the GPL, you drop the preamble --
> and you modify and rename the rest to create your own license.
> Preambles are introductions to things and explanations of and
> rationales for stuff. But they are not the stuff itself.
They are normally part of the stuff. A preamble to a book is almost always
part of the book. Preamble is almost a synonym for "introduction"
Nathanael Nerode <email@example.com>
Bush admitted to violating FISA and said he was proud of it.
So why isn't he in prison yet?...