linux-kernel - Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

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Date:	Sat, 16 Jun 2007 00:05:44 +0200
From:	Ingo Molnar <mingo@...e.hu>
To:	Linus Torvalds <torvalds@...ux-foundation.org>
Cc:	Daniel Hazelton <dhazelton@...er.net>,
	Alexandre Oliva <aoliva@...hat.com>,
	Jesper Juhl <jesper.juhl@...il.com>,
	Alan Cox <alan@...rguk.ukuu.org.uk>,
	Chris Friesen <cfriesen@...tel.com>, Greg KH <greg@...ah.com>,
	debian developer <debiandev@...il.com>, david@...g.hm,
	Tarkan Erimer <tarkan@...one.net.tr>,
	linux-kernel@...r.kernel.org,
	Andrew Morton <akpm@...ux-foundation.org>
Subject: Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3


* Linus Torvalds <torvalds@...ux-foundation.org> wrote:

> > And the preamble, not being part of the active portion of the 
> > license, has absolutely *ZERO* bearing.
> 
> That's not true. Again, ianal, etc etc, but:
> 
> "Intent" *does* matter, and if you wrote down the intent at the time 
> you entered some legal agreement, that actually also has non-zero 
> bearing (as it can be used to _show_ intent more clearly than claiming 
> fifteen years later "but, your honour, I _intended_ to do something 
> else").

yeah. What comes up periodically in GPLv3 discussions as 'proof' of what 
the GPL means are totally detached statements of the FSF and of RMS, 
often written a decade _after_ the GPL has been chosen for a license of 
the Linux kernel. (the whole anti-Tivo line was invented well after the 
fact.) And those statements have little bearing on the interpretation of 
the license of GPL-ed works. (unless, of course, the author of a GPL-ed 
work agrees with those statements and intends them to be his 
interpretation of the license.)

	Ingo
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