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

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Message-Id: <200702221530.32463.dhazelton@enter.net>
Date:	Thu, 22 Feb 2007 15:30:32 -0500
From:	"D. Hazelton" <dhazelton@...er.net>
To:	Theodore Tso <tytso@....edu>
Cc:	"Michael K. Edwards" <medwards.linux@...il.com>,
	David Lang <david.lang@...italinsight.com>,
	davids@...master.com, v j <vj.linux@...il.com>,
	trent.waddington@...il.com,
	"Linux-Kernel@...r. Kernel. Org" <linux-kernel@...r.kernel.org>,
	Neil Brown <neilb@...e.de>
Subject: Re: GPL vs non-GPL device drivers

On Thursday 22 February 2007 11:45, Theodore Tso wrote:
<snip>

> But saying that just by licensing your code under the GPL means that
> the FSF owns your code?  That's just crazy talk.
>
> 						- Ted

Actually, I've replied with private messages to several mails that arrived in 
reply to this explaining that the copyright clause I noted does, in fact, 
refer to the person releasing the code and the FSF. However, because it is 
located in the preamble and outside the terms of the license it has no legal 
bearing. As I've noted in those private mails, I pointed it out because I 
could see the FSF (in the person of Eben Moglen (or another attorney)) using 
it in a strong-arm tactic to gain copyright to the code.

DRH
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