Date: Wed, 10 Apr 2002 04:21:27 -0700 From: Terry Lambert <tlambert2@mindspring.com> To: Tony Finch <dot@dotat.at> Cc: Rahul Siddharthan <rsidd@online.fr>, Greg Pavelcak <gpav@som.umass.edu>, freebsd-chat@FreeBSD.ORG Subject: Re: Use/Utilize Message-ID: <3CB42037.FAFFFA1A@mindspring.com> References: <20020406171612.A17530@chiark.greenend.org.uk> <3CAF79CA.CB4D14B8@mindspring.com> <20020409032852.A30794@chiark.greenend.org.uk> <3CB26F97.A45B9ADF@mindspring.com> <20020409121348.A30147@chiark.greenend.org.uk> <3CB37330.2FE5A835@mindspring.com> <20020410015707.A13007@chiark.greenend.org.uk> <3CB396B8.510C3CC6@mindspring.com> <20020410110703.A29767@chiark.greenend.org.uk>
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Tony Finch wrote: > On Tue, Apr 09, 2002 at 06:34:48PM -0700, Terry Lambert wrote: > > Tony Finch wrote: > > > but the GPL doesn't use the word "use" in the context of the > > > preparation of derivative works; it only uses it as a synonym > > > for "run" (except outside the T&Cs). > > > > Preamble. > > The preamble is not part of the terms and conditions and so should > be ignored when considering what the licence means. There seems > little point in complaining about ambiguity in informal language. The preamble is part of the license, and speaks to the spirit of any agreement entered into under the terms and conditions set forth by the license. A court considering a case involving the use of the license would likely not grant a motion to exclude the preamble, as it's a necessary part of the spirit of the intended agreement (I expect a courty would view a misunderstanding of the preamble as exculpatory). Personally, I would argue that the GNU Manifesto itself is evidentiary in nature, given that the GPL is and was intended as an instrumentality of the GNU Manifesto. -- Terry To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-chat" in the body of the message
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