David Kastrup wrote: [...] > But RedHat does not sell its copyright, it merely licenses copies of
RedHat licenses IP rights in (GPL'd) WORKS. RedHat doesn't "licenses copies" (of GPL'd works). > the copyrighted material. The "intangible intellectual property > assets" remain in the possession of RedHat. You're either genuinely retarded or just purport to be. The title to GPL'd IP (apart from stuff they regularly assign to the FSF) does remain in the possession of RedHat. But the case is about licensing. http://www.usdoj.gov/atr/public/guidelines/0558.htm#t55 ------ 5.5 Cross-licensing and pooling arrangements Cross-licensing and pooling arrangements are agreements of two or more owners of different items of intellectual property to license one another or third parties. ^^^^^^^^^^^^^^^^ [Wallace: "... third parties ... The stated purpose of the GPL license is to pool intellectual property. ([t]he distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.) (Ex A (GPL) at 3)).] [...] Cross-licensing and pooling arrangements can have anticompetitive effects ... When cross-licensing or pooling arrangements are mechanisms to accomplish naked price fixing or market division, they are subject to challenge under the per se rule. See United States v. New Wrinkle, Inc., 342 U.S. 371 (1952) (price fixing). [...] Another possible anticompetitive effect of pooling arrangements may occur if the arrangement deters or discourages participants from engaging in research and development, thus retarding innovation. For example, a pooling arrangement that requires members to grant licenses to each other for current and future technology at minimal cost may reduce the incentives of its members to engage in research ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ [See Judge Tinders ruling before he got drunk (in a sense) -- the one about anticompetitive effect he reasonably inferred from by Wallace's complaint and allegations] and development because members of the pool have to share their successful research and development and each of the members can free ride on the accomplishments of other pool members. ------ regards, alexander. _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss