Alexander Terekhov wrote: > > Oh, I gather that GNUtian dak has problems to believe that > > ----- > The judge recognized that "Plaintiffs Third Amended Complaint States > a Claim Upon Which Relief can be Granted" and that "Plaintiffs > Allegations Sufficiently Set Forth a Violation of the Rule of Reason", > but was fooled to believe that "Plaintiff Has Not Alleged Antitrust > Injury". > ----- > > It's in his ruling available at > > http://www.internetcases.com/library/cases/2005-11-28_wallace_v_fsf.p
http://www.internetcases.com/library/cases/2005-11-28_wallace_v_fsf.pdf > > Here's more: > > ----- > The GPL allows free access to software programs, subject to some > limitations. This does not mean that the GPL necessarily aids > competition as contemplated by the Sherman Act, as FSF contends. > Instead, it could be argued that by making software available to > consumers free of charge through a licensing agreement, the GPL > results in reduction in output . . . [and] deterioration in > quality, United States v. Brown Univ., 5 F.3d 658, 668 (3d Cir. > 1993), which could be harmful to consumers. By making certain > software programs available to users at no charge, the GPL may > be discouraging developers from creating new and better programs > because they will not receive compensation for their work, > thereby reducing the number of quality programs available to > users. This may be considered anticompetitive effect, and it > certainly can be inferred from what Mr. Wallace alleges in his > Third Amended Complaint. Therefore, this court finds that the > Third Amended Complaint states a claim for violation of Section > 1 of theSherman Act, under the rule of reason doctrine. > ----- Note also Wallace's own (in the other case currently under appeal): ----- Not only competitors are harmed by the GPL scheme. Consumers lose because a lack of competition removes not just product choice but without competitive reward the incentive to improve product quality disappears. ----- http://www.terekhov.de/Wallace_v_Red_Hat_2nd_ANSWER.pdf regards, alexander. _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
