Comment Re:Hope they keep Stallman off the stand... (Score 1) 173
Are you certain of that? Bear in mind, when interpreting the Constitution of the United States, judges do look at other influencing documents from the time, like The Federalist Papers, which are not themselves legal documents.
True, but ignorance of the law is no defense. Which basically means that not only must you know the text of the law, but the entire applicable body of law, relevant precedents and current interpretation of the law. Heck, you can still end up losing a trial because the Supreme Court will disagree with your reading of an ambiguous and previously unsettled area of law so being a psychic or clairvoyant could be quite useful. They'll try interpreting the law as intended and you bear the burden if they decide your gray area is on the illegal side.
In contract law you're not assumed to know anything about the background or history of the license except as written. Sure, if you've been negotiating a contract then that communication is relevant for the interpretation as you're one of the parties but developers and users of GPL software aren't generally in contact. You download a piece of software, accept the agreement and any ambiguity in a take it or leave it license will be almost certainly be interpreted in disfavor of the one who wrote it. Unlike the lawmaking it won't be assumed that their way to read the contract is the authoritative one.