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Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)
From: |
Alexander Terekhov |
Subject: |
Re: Hey Terekhov: Wallace lost. Who'd guess.... ;) |
Date: |
Fri, 24 Mar 2006 20:49:06 +0100 |
David Kastrup wrote:
[...]
> So your pseudo-quote about "price-fixing at zero" was a plain lie.
Oh dear.
http://sco.tuxrocks.com/Docs/Wallace_v_FSF/Wallace_v_FSF-17.pdf
"A. Vertical maximum price restraints are not per se unlawful.
The essence of Plaintiff's Complaint appears to be directed at
Section 2(b) of the GPL, which requires licensees of GPLd software
to license any derivative works they create at no charge. Assuming
for the sake of argument that Plaintiff has standing to bring this
Complaint, this agreement could be analogized to a vertical maximum
price restraint, i.e., a requirement by the licensor that the
licensee charge no more than X amount upon relicense."
-- FSF
Can you read "price restraint" and "no more than X" (X == zero)?
http://sco.tuxrocks.com/Docs/Wallace_v_FSF/Wallace_v_FSF-30.pdf
"In the provision relevant here, the GPL directs users to cause
any work that [they] distribute or publish, that in whole or in
part contains or is derived from the Program or any part thereof,
to be licensed as a whole at no charge to all third parties under
the terms of this License. (GPL 3.) This language indicates that
the GPL is typically entered into between licensees and licensors,
with the intent of prohibiting licensees from charging a fee for
use of certain computer software programs. This scheme, which
involves an agreement among different levels of users within the
same chain of distribution, is a vertical agreement. And as a
vertical agreement, the GPL alone cannot form the basis of a per
se violation of Section 1 of the Sherman Act. See State Oil Co.
v. Khan, 522 U.S. 3, 22 (1997) (vertical maximum price fixing,
like the majority of commercial arrangements subject to antitrust
laws, should be evaluated under the rule of reason.). Therefore,
the court must turn to whether Mr. Wallace has adequately alleged
that the GPL violates the rule of reason."
-- Judge Tinder
Can you read "prohibiting licensees from charging a fee" and "price
fixing"?
regards,
alexander.
P.S. "Held:
1. Actionable "antitrust injury" is an injury of the type the
antitrust laws were intended to prevent and that flows from that
which makes defendants' acts unlawful. Injury, although causally
related to an antitrust violation, will not qualify unless it is
attributable to an anticompetitive aspect of the practice under
scrutiny, since it is inimical to the antitrust laws to award
damages for losses stemming from continued competition. Cargill,
Inc. v. Monfort of Colorado, Inc., 479 U.S. 104, 109 -110. P. 334
2. A vertical, maximum-price-fixing conspiracy in violation
of 1 of the Sherman Act must result in predatory pricing to cause
a competitor antitrust injury. Pp. 335-341."
-- Supreme Court of the United States
P.P.S. "Mr. Wallace adds a section in the Fourth Amended Complaint
entitled INJURY, in which he states that the predatory price
fixing scheme ... the court finds that Mr. Wallaces Fourth Amended
Complaint does not adequately allege an antitrust injury upon which
his Section 1 claim may move forward. The complaint therefore must
be dismissed."
-- Judge Tinder, erred
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), (continued)
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;),
Alexander Terekhov <=
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Merijn de Weerd, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Merijn de Weerd, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/03/24
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Merijn de Weerd, 2006/03/25
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/03/25
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/03/25
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Merijn de Weerd, 2006/03/25