Re: The Sourceless software in the kernel source GR

[Nathanael Nerode <neroden@fastmail.fm>]

Manoj Srivastava wrote:

> On Mon, 18 Sep 2006 16:03:11 -0700, Steve Langasek <vorlon@debian.org>
> said:
> 
>> On Mon, Sep 18, 2006 at 05:32:10PM -0500, Manoj Srivastava wrote:
>>> On Mon, 18 Sep 2006 12:36:17 -0700, Steve Langasek
>>> <vorlon@debian.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
>>> itself?
> 
>> It is a preamble, and a preamble is a votable component of a
>> resolution.
> 
>         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
>  GPL.

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" 
or "foreword".

-- 
Nathanael Nerode  <neroden@fastmail.fm>

Bush admitted to violating FISA and said he was proud of it.
So why isn't he in prison yet?...