On Sat, Jun 16, 2007 at 08:10:53PM -0700, Linus Torvalds wrote: > This is where we started. The same way you seem to think that "freedom" > has only the meaning *you* and the FSF give it, and that somehow the > spirit of the GPL includes the "four freedoms" that aren't even > _mentioned_ in it. > > THAT IS NOT TRUE.
Compare for example the landmark case Griswold v. Connecticut where the US supreme court, faced with a constitution that did not contain items they desperately wanted it to contain, made up 'penumbras' and 'emanations' stemming from the bill of rights, which then created the much sought after guarantees of privacy for Americans. '[..] Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy.' and 'Although the Bill of Rights does not explicitly mention "privacy", Justice William O. Douglas (writing for the majority) ruled that the right was to be found in the "penumbras" of other constitutional protections.' This was frowned upon back then as 'overly creative', and still is - but because the constitution could not be changed, and nobody was willing to amend it, they had no choice but to interpret so extensively. This is not the case now however. http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/griswold.html http://en.wikipedia.org/wiki/Griswold_v._Connecticut Bert -- http://www.PowerDNS.com Open source, database driven DNS Software http://netherlabs.nl Open and Closed source services - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to [EMAIL PROTECTED] More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/
