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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: Thu, 22 Jun 2006 12:26:10 +0200

"Alfred M. Szmidt" wrote:
>    > Why doesn't Daniel attack OpenBSD? Or Dragonfly BSD? Or FreeBSD?
>    He doesn't attack the BSD because the BSD license terms don't
>    contain any price-fixing provisions.
> Neither does the GNU GPL; infact, it contains terms that protect the
> right to charge a fee.  From Section 1:
>      You may charge a fee for the physical act of transferring a copy,

Here, the defendants attempt to conflate the definition of intangible
copyright assets with the physical media in which a work is embodied:
“Ownership of a copyright, or of any of the exclusive rights under a
copyright, is distinct from ownership of any material object in which
the work is embodied. ..”;17 USC sec. 202.

The present claim is for price fixing in the relevant market of
intangible intellectual property assets in computer programs (the Linux
operating system) and not an action concerning tangible media or
“physical acts” involving the distribution of tangible media in which a
copyrighted work may be fixed. 


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