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Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim


From: Alexander Terekhov
Subject: Re: EASTERBROOK's "quick look" on the GPL and Wallace's claim
Date: Thu, 09 Nov 2006 23:26:28 +0100

EASTERBROOK, Circuit Judge wrote:
[...]
> The GPL and open-source software have nothing to fear
> from the antitrust laws.

Wallace contended on appeal that 

"The GPL is a contract to make a contract  --  a recursive 
“meta-contract”. Although the GPL’s recursive term (Ex A (GPL), 
§2(b) at 2] that purports to require all future third parties 
to use the same license terms is both contractually unenforceable  
and preempted by 17 U.S.C. §301, these matters of law do not 
invalidate its role under antitrust analysis".

EASTERBROOK never ruled on contract enforceability or 
preemption. The code will still be quasi public domain.

"The GPL and open-source software have nothing to fear 
from the antitrust laws."

Sort of. LOL.

regards,
alexander.


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