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

On 2/14/06, Nathanael Nerode <neroden@twcny.rr.com> wrote:
> 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.

Nice try. But you conveniently ignore the preconditions for that exception.

"... which does not:

(a) impose on the undertakings concerned restrictions which are not
indispensable to the attainment of these objectives;

(b) afford such undertakings the possibility of eliminating
competition in respect of a substantial part of the products in
question. "


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