Re: EU antitrust is also cool (was: A new practical problem...)
On 2/14/06, Nathanael Nerode <email@example.com> wrote:
> Alexander Terekhov <firstname.lastname@example.org>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