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Re: license issue: calling a GPLv2 library

From: Alexander Terekhov
Subject: Re: license issue: calling a GPLv2 library
Date: Wed, 21 Jun 2006 17:09:37 +0200

Alexander Terekhov wrote:
> Oh, I gather that GNUtian dak has problems to believe that
> -----
> The judge recognized that "Plaintiff’s Third Amended Complaint States
> a Claim Upon Which Relief can be Granted" and that "Plaintiff’s
> 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

> 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


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