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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