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Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)

From: David Kastrup
Subject: Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)
Date: Sat, 20 May 2006 15:49:31 +0200
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <> writes:

> John Hasler wrote:
>> Alexander Terekhov writes:
>> > As for proof, "A plaintiff must prove (1) that the prices complained
>> > of are below an appropriate measure of its rival's costs
>> The marginal cost of production of copies of Linux is at most the cost of
>> pressing a DVD.  The marginal cost of granting a GPL license is zero.
> Wallace's case is not about copies (material objects). His case is
> about predatory fix pricing of Intellectual Property in violation of
> § 1 of the Sherman Act.

You can't sell "intellectual property", only access to it, by way of
licenses and media.

> Note that Wallace's case is an action under § 1 of the Sherman Act.

It purports to be such, but fails to meet the requirements.  That is
why the case has been thrown out.

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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