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    SubjectRe: Dual-Licensing Linux Kernel with GPL V2 and GPL V3
    > And the preamble, not being part of the active portion of the license, has 
    > absolutely *ZERO* bearing. Just as it is not the *intent* of RMS, the FSF or

    Wrong (again)

    The pre-amble is incredibly important as is the intent of the license
    creator and even more so of the author.

    When trying to solve a dispute the process starts with the legal
    equivalent of banging the two parties head together in the hope they see
    sense. If that fails then the legal wording is considered in detail.
    Where it is ambiguous the surrounding context is considered in order to
    understand the probable intent of the case.

    Finally the stated intent of the author is considered in defence (The
    doctrine of estoppel), and at least in UK law whether their intent was
    honest (The doctrine of clean hands)

    Legal disputes almost always end up about the things that are not clear
    (if they were clear one side would shut up and put up) so the preambles
    and statements are terribly important when this occurs, along with the
    context and history.

    Thus for example the fact Linus has said he believes what Tivo does is ok
    means he can no longer sue Tivo for doing it. They are relying on his

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      Last update: 2007-06-16 01:15    [W:0.020 / U:19.464 seconds]
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