Gilad Ben-Yossef wrote: > So much as Linus can speak for the entire gang of kernel copyright > holders (and probably even if not because of estopel) Isn't estopel only relevant once you tried to trial such claim and fail? I doubt any such thing has happened (i.e. - a kernel developer trying to sue for GPL violation over an IOCTL and losing). Even if it did happen, that same developer couldn't sue again over that claim, but for another developer that would merely be precedence, not estopel.
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