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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 16:59:02 +0200

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 

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.


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