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

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Date:	Fri, 15 Jun 2007 20:57:02 -0400
From:	Daniel Hazelton <dhazelton@...er.net>
To:	Michael Gerdau <mgd@...hnosis.de>
Cc:	Ingo Molnar <mingo@...e.hu>,
	Linus Torvalds <torvalds@...ux-foundation.org>,
	Alexandre Oliva <aoliva@...hat.com>,
	Lennart Sorensen <lsorense@...lub.uwaterloo.ca>,
	Greg KH <greg@...ah.com>,
	debian developer <debiandev@...il.com>,
	"david@...g.hm" <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

On Friday 15 June 2007 19:39:57 Michael Gerdau wrote:
> > > > What matters is *my* intent in *choosing* the GPLv2, not *his*
> > > > intent in writing it.
> > >
> > > I beg to differ. By adopting _his_ license you adopted his view. [...]
> >
> > ianal, but fortunately that's not what the law is. The license says what
> > it says, and that is what controls. The intent of the author (of Linus
> > and other copyright holders) is a secondary source of information /if
> > and only if/ any ambiguity of meaning arises (as determined by a judge,
> > not by you or me). But the opinion and intent of RMS (unless adopted by
> > Linus) is quite immaterial.
>
> I agree with the "/if and only if/ any ambiguity of meaning arises" part.
> I'm sorry I didn't make that clear before.
>
> However if that situation arises (i.e. the judge decides there is an
> ambiguity) then as far as my experience tells me it is the intention of
> the author (RMS et al in this case) that counts. But I erred before...

I doubt this. In a situation like that the intent of the licensor is what 
matter, not the intent of the original author of the license.

DRH

> Best wishes,
> Michael



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