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

Nicolas Mailhot
2007-06-15T17:12:05Z

Le vendredi 15 juin 2007 à 12:18 -0400, Florin Malita a écrit :
> On 06/15/2007 10:33 AM, Nicolas Mailhot wrote:
> > Le Ven 15 juin 2007 15:41, Jesper Juhl a écrit :
> >
> >> But the only thing that *actually* matters is what the license text
> >> *says*. It doesn't matter what the authors of the license text
> >> intended
> >>
> >
> > Judges would disagree there
> >
>
> I very much doubt that, read Jesper's phrase carefully: what may matter
> is the intent of the *copyrighted work's* author, not the intent of the
> *license* author. The intent of the latter is (well, should be)
> completely irrelevant to the case.

You're right though I suspect even in the case where the copyrighted
work author and the licensing author are not the same, a judge will
listen to the licensing author if licensor and licensee disagree on a
point (the licensing author being a neutral third-party that presumably
knows what's in the licence it wrote). Though in this case license
author is nothing more than an expert witness

--
Nicolas Mailhot