Shachar Shemesh wrote:
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.
I'm not lawyer, but I believe estoppel is not limited to claims raised in a court case. That is indeed one form of
estoppel, but not the only one.
Gilad
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