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

[Alexander Terekhov]

Yet another proof of GPL's amazing power to moronize people, even 
EASTERBROOK's caliber. His somewhat curious view on the GPL mechanics,
Linux, and narrow view on predatory pricing recoupment theory (not 
quite inline with CONCLUSIONS OF LAW in MS case regarding zero priced 
IE to begin with) aside for a moment, the allegation of IP output 
reduction was made pretty clearly. His (lower ranked) fellow Judge 
Tinder in the FSF action (which was claimed by the Defendants-Appellees 
to somehow estopp Wallace) managed to notice reduction when he found 
that Wallace's "Complaint states a claim for violation of Section 1 of 
the Sherman Act, under the rule of reason doctrine":

"To establish a Section 1 claim under the rule of reason test, a 
plaintiff must prove that "(1) ... (4)" Tunis Bros. Co. v. Ford Motor 
Co., 952 F.2d 715, 722 (3d Cir. 1991). In this case, it appears that 
Mr. Wallace has made the necessary allegations of FSF's unlawful 
contract and conduct. In his Third Amended Complaint, he specifically 
alleges that FSF conspired with others, including International 
Business Machines Corporation, Red Hat Inc. and Novell Inc., to 
control the price of available software within a defined market 
through the GPL. Primarily at issue in FSF's motion is whether 
Mr. Wallace has adequately alleged that the GPL had a resulting 
anticompetitive effect.

[... reduction in IP output under GPL price-dumping conspiracy ...]

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 the Sherman 
Act, under the rule of reason doctrine."

How EASTERBROOK can possibly think that zero price ("marginal cost"
of duplication) will recoup non-zero fixed cost of IP creation is 
also beyond my understanding. He must be smoking something. Or was 
he drunken? Hey dak, any thoughts? I'm at loss, help me out! ;-) ;-)

regards,
alexander.