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Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim
From: |
Alexander Terekhov |
Subject: |
Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim |
Date: |
Thu, 09 Nov 2006 23:26:28 +0100 |
EASTERBROOK, Circuit Judge wrote:
[...]
> The GPL and open-source software have nothing to fear
> from the antitrust laws.
Wallace contended on appeal that
"The GPL is a contract to make a contract -- a recursive
meta-contract. Although the GPLs recursive term (Ex A (GPL),
§2(b) at 2] that purports to require all future third parties
to use the same license terms is both contractually unenforceable
and preempted by 17 U.S.C. §301, these matters of law do not
invalidate its role under antitrust analysis".
EASTERBROOK never ruled on contract enforceability or
preemption. The code will still be quasi public domain.
"The GPL and open-source software have nothing to fear
from the antitrust laws."
Sort of. LOL.
regards,
alexander.
- Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, (continued)
Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, Lee Hollaar, 2006/11/09
Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, Alexander Terekhov, 2006/11/09
Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, Alexander Terekhov, 2006/11/09
Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim,
Alexander Terekhov <=
Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, Rui Miguel Silva Seabra, 2006/11/10
Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, Alexander Terekhov, 2006/11/10
Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, Alexander Terekhov, 2006/11/10
- Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, David Kastrup, 2006/11/10
- Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, Alexander Terekhov, 2006/11/10
- Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, David Kastrup, 2006/11/10
- Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, Alexander Terekhov, 2006/11/10
- Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, David Kastrup, 2006/11/10
- Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, Alexander Terekhov, 2006/11/10
- Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim, Alexander Terekhov, 2006/11/13