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Re: EU antitrust and the GPL


From: Rui Miguel Silva Seabra
Subject: Re: EU antitrust and the GPL
Date: Wed, 15 Feb 2006 15:41:24 +0000

On Wed, 2006-02-15 at 12:48 +0100, Alexander Terekhov wrote:
> http://groups.google.com/group/linux.debian.legal/browse_frm/thread/6480c64e71ebb4fa
> 
> -----
> On 2/15/06, Ville Oksanen <address@hidden> wrote:
> > <clip>
> >
> > Dr. Mikko Välimäki has a quite nice article on the topic:
> >
> > Mikko Välimäki: Copyleft Licensing and EC Competition Law, forthcoming
> > in European Competition Law Review 3/2006
> > http://www.valimaki.com/org/open_source_competition.pdf
> 
> Thanks.
> 
> "So far, there is no evidence that open source licensors would use
> these obligations with malicious intention trying to turn all software
> into open source."


Other interesting quote from Mikko:

        Does the zero-royalty requirement in copyleft clause qualify as
        restricted price fixing (or the setting of a maximum price) in
        terms of the block exemption? The following observations speak
        against such a conclusion:
        -    A royalty-free requirement does not imply that the price of
        the software must be zero. Software can be priced through other
        means than copyright royalties as well.
        -    Copyleft clause does not affect all further “production of
        goods and services”. It does not cover services at all and only
        covers goods, which are “derivative works” of the licensed
        software as further defined in copyright law.


> Oh really?
> 
> http://groups.google.com/group/misc.int-property/msg/ea7b34ddbe4f175a

(... loads of useless self-quoting ...)

> </quote>

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