Open Source License Still Perfectly Legal

from the in-case-you-were-wondering dept

A year ago a guy who disliked open source software decided to file lawsuits against the GPL open source license, claiming it violated anti-trust law. His argument was that, since GPL software was available free, it involved predatory pricing that made it impossible for him to sell competing software for a fee. Apparently the man has never heard of Microsoft, which has done okay (last we checked) selling software that competed at times with GPL'd software. It wasn't surprising then, a few months ago that a judge tossed out the case against the Free Software Foundation, and even made the guy pay for FSF's legal fees. However, the same guy also filed a similar suit against IBM, Red Hat and Novell for predatory price fixing, which Slashdot notes has also been thrown out. This time, the judge pointed out that the guy didn't show any anticompetitive effects on the actual market -- pointing out that just because he couldn't compete, it didn't mean that the market was harmed: "Antitrust laws are for 'the protection of competition, not competitors.'"
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  1. identicon
    Anonymous Coward, 22 May 2006 @ 2:37am

    Sue the public domain

    If this guy's argument holds, he should sue the Congress for creating the public domain and the Supreme Court for not copyrighting facts. Non-protection makes it difficult for him to compete against the public domain and the unprotected facts.

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