linux-kernel - Re: GPL vs non-GPL device drivers

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Message-Id: <20070216052952.065cad3f.jas6180@gmail.com>
Date:	Fri, 16 Feb 2007 05:29:52 -0800
From:	Joshua Simmons <jas6180@...il.com>
To:	davids@...master.com
Cc:	"Linux-Kernel@...r. Kernel. Org" <linux-kernel@...r.kernel.org>
Subject: Re: GPL vs non-GPL device drivers

> > Not one person is claiming they have a patent on whatever it is that
> > V J's company is putting out (especially since we have no idea what
> > that might be).  Patents != copyright.
> 
> That's exactly what they're doing. Knowing only the *function* of his
> program, they are claiming it must obey their licensing terms. They have no
> idea exactly how he chose to implement that function, but claim they must
> own it anyway.

They are not claiming ownership of his code.  They are claiming ownership of THEIR
code.  V J is taking their code, adding on to it and selling the result.  Without
the GPL, V J cannot legally do this.  With the GPL, he can legally do this IF he
also gives out the complete source.  I fail to see how anything you are saying
absolves him of this requirement.

Joshua Simmons
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