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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: Wed, 17 May 2006 14:17:23 +0200

David Kastrup wrote:
> Alexander Terekhov <> writes:
> > I just can't see how Wallace could possibly lose on appeal.
> Before "losing" he actually has to get a case open.  His last attempt
> was thrown out of court, remember?  And you could not see how he could
> _lose_ then, either.  Let alone have his case thrown out.

Yes, I remember. Both rulings are at odds with Supreme Court dictum 
on predatory pricing causing antitrust injury. Both Judges simply 
pulled rabbits out of their hats. To quote the author of ("More generally, competitors may 
never be heard to complain of artificially low prices unless they 
are predatory, because it is only predatorily low prices that 
threaten injury to competition.94 94) Id. at 339–40. The Court's 
discussion was consistent with the Brunswick dictum on predatory 
pricing. See Brunswick, 429 U.S. at 489 n.14 (where there is true 
predation (not just uncomfortably aggressive price cutting), a 
competitor's lost profits do count as antitrust injury, even though 
the predatory practice temporarily benefits consumers)."):

"Antitrust injury" has been confused with many other things. Notably, 
it is not a rabbit for the judge to pull out of his hat when the 
complaint alleges a violation but the court wants to dismiss the case 
anyway, but cannot think of a good reason to dismiss it."

> You should offer to pay all his legal fees for a cut in the spoils you
> are so sure he is about to receive.

I've been told that appeal fee is $250. I don't think that Wallace 
needs any financial help from me.

"GNU will remove operating system software from the realm of 
competition. You will not be able to get an edge in this area, but 
neither will your competitors be able to get an edge over you. You 
and they will compete in other areas, while benefiting mutually in 
this one. If your business is selling an operating system, you will 
not like GNU, but that's tough on you. If your business is 
something else, GNU can save you from being pushed into the 
expensive business of selling operating systems."


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