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



On 2/14/06, Yorick Cool <yorick.cool@fundp.ac.be> wrote:
[...]
> Assuming you mean the FSF and/or GNU project, with whom are they
> entering onto agreement? Mmmmh?

I mean the GPL license.

>
> Also, please have a look at 81 § 3.

I did it.

Now you please take a look at

http://europa.eu.int/scadplus/leg/en/lvb/l26108.htm

-----
Licensing agreements that restrict competition are prohibited by the
Community competition rules, and in particular Article 81 of the EC
Treaty. In most cases, however, these agreements also have positive
effects that outweigh their restrictive effects on competition. The
new provisions, which comprise a "block exemption" regulation and
guidelines, create an area of certainty for most licensing agreements.

[...]

These exemptions are granted on condition that the agreements do not
contain certain restrictions that have serious anti-competitive
effects.
-----

And at

http://www.terekhov.de/Wallace_v_Red_Hat_2nd_ANSWER.pdf

Now please tell me where and why Wallace goes wrong regarding serious
anti-competitive effects of the GPL license when used by a cartel of
competitors to pool and cross license predatory price fixed
intellectual property with the sole objective to eliminate free market
competition.

<quote author=Stallman>

In the GNU Project, discrimination against proprietary software is
not just a policy -- it's the principle and the purpose. Proprietary
software is fundamentally unjust and wrong, so when we have the
opportunity to place it at a disadvantage, that is a good thing.

</quote>

TIA.

regards,
alexander.



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