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Re: Open source - Free software

From: Shmuel (Seymour J.) Metz
Subject: Re: Open source - Free software
Date: Wed, 27 Sep 2006 17:01:57 -0300

begin  In <>, on 09/27/2006
   at 10:13 AM, Alexander Terekhov <> said:

>Except that copylefted "free software" is based on viral price-fixing
> restriction regarding the price of derivative intellectual property

So? Nobody forces me to use it, and no court has convicted the authors
of conduct in restraint of trade.

>This obligation of viral contracting and price-fixing (licensing of 
>derivative works) is blatant violation of EU Art 81.

So you say. I don't buy it, and I don't live in the EU.

>It appears that even the GPL-moronized court in Frankfurt was able
>to  recognize the problem to some extent. The court labeled the
>obligations  part of the GPL Section 2 as "möglicherweise nichtige
>Teil" (i.e.  possibly void and unenforceable part):

Possibly? That doesn't sound like anything to rest a case on. And the
judge doesn't have to run faster than the bear, he just has to run
faster than you.

>But according to the GPL-moronized court in Frankfurt, eventhough
>the  obligations part of GPL Section 2 is (straight from the
>district court's  mouth -- see Pg. 14 in judgment) "möglicherweise
>nichtige Teil" (i.e.  possibly void and unenforceable part) due to
>illegal price-fixing and  viral contracting in violation of EU Art
>81, the defendant must be guilty of "copyright infringement" for
>not complying with it nevertheless.

No, tonto, that's not an accurate description. The defendant must be
guilty of copyright infringement because he copied the code and had no
authorization to do so. That should be simple enough even for you.

>Oh, Ah, BTW, SCO did really nice job trashing GPL "enforcement"
>theory  in 794 memorandum:

Yeah, right, SCO is making great progress in its vexatious litigation.


Shmuel (Seymour J.) Metz, SysProg and JOAT  <>

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