Re: Recommendation for a CL data structures library

[Hyman Rosen]

On 3/29/2010 3:48 PM, Alexander Terekhov wrote:
> Hyman Rosen wrote:
> [...]
> > <http://www.groklaw.net/pdf/WallaceFSFGrantingDismiss.pdf>
> >       copyright protection. As such, the GPL encourages, rather
> >       than discourages, free competition...
>
> http://www.gnu.org/gnu/manifesto.html
>
> "GNU will remove operating system software from the realm of
> competition. You will not be able to get an edge in this area, but
> neither will your competitors be able to get an edge over you. You and
> they will compete in other areas..."
>
> Still not feeling the contradiction?

Not at all. It is every competitors intention to corner
the market based on what they offer. The GNU manifesto
does not say that it will prevent people from developing
operating systems, but that it will be unprofitable for
them to do so.

<http://www.groklaw.net/pdf/WallaceFSFGrantingDismiss.pdf>
    As the court stated in its November 28, 2005 Entry,
    reduced opportunity as a competitor does not necessarily
    equate to an antitrust injury as recognized by the courts.
    Brunswick, 429 U.S. at 488. Indeed, injury in fact is “a
    different beast” than antitrust injury. Prof’l Sports Ltd.
    P’ship v. Nat’l Basketball Assoc., 961 F.2d 667, 669 (7th
    Cir. 1992). And “whenever the plaintiff and consumers have
    divergent rather than congruent interests, there is a
    potential problem in finding ‘antitrust injury’. . . . When
    the plaintiff is a poor champion of consumers, a court must
    be especially careful not to grant relief that may undercut
    the proper functions of antitrust.” Ball Mem’l Hosp., Inc.
    v. Mutual Hosp. Ins., Inc., 784 F.2d 1325, 1334 (7th Cir.
    1986).

    Mr. Wallace has not alleged that anyone interfered with his
    freedom to compete in computer software market by creating
    his own operating system, one perhaps with features different
    from, or in addition to, that of the GNU/Linux operating system.
    Indeed, Mr. Wallace has that ability, regardless of whether the
    GPL is in force or not.