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Re: EU antitrust is also cool (was: A new practical problem...)

Alexander Terekhov <alexander.terekhov@gmail.com>wrote:
> What is your educated opinion regarding the GPL being in trouble re
> http://europa.eu.int/comm/competition/legislation/treaties/ec/art81_en.html?
First of all, the GPL clearly qualifies for the paragraph 3 exception, because 
is "promoting technical or economic progress, while allowing consumers a fair 
share of the resulting benefit", etc.

It almost certainly doesn't fall under paragraph 1 anyway, because it doesn't 
"have as their object or effect the prevention, restriction or distortion of 
competition within the common market".  I'm not even sure if it falls in the 
category of "agreements between undertakings, decisions by associations of 
undertakings and concerted practices".  It quite clearly doesn't fall under 
clauses 1(b,c,d,e); and there's substantial evidence from the commercial 
companies selling GPL software that it doesn't fall under 1a "directly or 
indirectly fix purchase or selling prices or any other trading conditions".

So, uh, was that a troll or what?

Nathanael Nerode  <neroden@twcny.rr.com>

[Insert famous quote here]

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