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

On 2/15/06, Yorick Cool <yorick.cool@fundp.ac.be> wrote:
> On Wed, Feb 15, 2006 at 11:28:22AM +0100, Alexander Terekhov wrote:
> > 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.
> The GPL is a text, not an undertaking you can sue under art. 81. Which
> are the undertakings entering an unlawful agreement?

Next stupid question, please. Are you really educated in (some) law?

> The problem is that the GPL does not restrict competition, but rather
> enhances it. See, among others, the very good article Ville sent you.

Not entirely bad article, I agree. I just don't find his argumentation

> See also the very simple fact that GNU/Linux is the first serious
> competitor to MS Windows to emerge in quite some time. This in and of
> itself demonstrates a heightening in competition, not a restriction.

Fighting competition by employing unlawful means is illegal. Wallace
didn't sue Apple and Darwin folk for foreclosing competition using
predatory price fixing of pooled and cross-licensed IP with the BSD.
Because the BSD doesn't price fix IP, I gather.

> The central fact is very simple: there is no price-fixing in the
> GPL.

Mikko Välimäki seems to disagree.

> The "conflation between the copyright assets and the physical
> media" is not, in this specific case, illegitimate. ...

Well, we'll see.

> Also, please stop CCing people. I am subscribed to the list and don't
> need your answers twice.

Please learn how to set up followup-to if it bothers you.


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