This Time We Mean It: Open Source Software Still Doesn't Violate Antitrust Law

from the this-again? dept

Some people just never give up. Take, for example, the case of a guy who didn’t like open source software because it made it more difficult for him to sell software. Last year, he sued the Free Software Foundation, claiming that the GPL open source license was “invalid” and was “fixing prices.” It didn’t take long for that case was dismissed. The guy also filed a case against IBM, Red Hat and Novell, which a judge also tossed out while trying to explain to the guy the finer points of antitrust law, including the fact that you need to actually show how the market has been harmed. The judge noted that just because one competitor can’t compete, that does not prove the market has been harmed at all, saying: “Antitrust laws are for ‘the protection of competition, not competitors.'” Apparently, that lesson didn’t sink in, and the guy appealed. But it should come as no surprise to find out that the Appeals Court has also dismissed the complaint, while once again trying to get across to the guy that just because he hasn’t figured out how to compete, it doesn’t mean that open source software is anti-competitive. The court notes numerous examples of companies who have been able to sell against free or open source products to show that open source software does not, inherently create a monopoly position at all. Hopefully we’ve now heard the end of such cases, but given his persistence so far, I wouldn’t bet on it.


Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “This Time We Mean It: Open Source Software Still Doesn't Violate Antitrust Law”

Subscribe: RSS Leave a comment
4 Comments
Ed says:

Some perspective point of view

Hi,

Let me try to explain it:

Since Linux and other New Open Source came in place,
Open Sourse enhance, empower, fuelling the competition.

I’ts important to point out that the many Operational System or Office Systems can be free, but the support is not. You’ll need to pay a fee to an annual support. Also, you’ll see many systems around open source not free. Yes, some more sofisticated are charged.

What differs is the manner to do business and make money.

Ask for the guys at IBM, Novel, etc if they are doing money or not ???

Unfortunately some people can’t get it.

Cheers~

Add Your Comment

Your email address will not be published.

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...