[Discussioni] Fwd: [GNU/FSF Press] Press Release: GPL tested in US courts in Wallace

[Alessandro Rubini]

Interessante, anche se questa e` una comunicazione di parte.
Per chi non lo sapesse, Wallace ha intentato causa per violazione
delle norme antitrust e la cosa dura da un po' di tempo.

http://en.wikipedia.org/wiki/Daniel_Wallace_(plaintiff)

> From: Peter Brown <peterb a fsf.org>
> To: info-press a gnu.org
> Subject: [GNU/FSF Press] Press Release: GPL tested in US courts in Wallace 
> Date: Wed, 22 Mar 2006 19:52:39 -0500

> The GPL tested in US courts - Wallace Vs FSF.
> 
> The GNU General Public License stands firm.
> 
> On Monday March 20, 2006 US Federal Judge John Daniel Tinder, dismissed
> the Sherman Act antitrust claims brought against the Free Software
> Foundation. The claims made by Plaintiff Daniel Wallace included: that
> the General Public License (GPL) constituted a contract, combination or
> conspiracy; that it created an unreasonable restraint of trade; and that
> the FSF conspired with IBM, Red Hat Inc., Novell and other individuals
> to pool and cross-license their copyrighted intellectual property in a
> predatory price fixing scheme.
> 
> Peter Brown, FSF Executive Director, responded to the news, "As the
> author of the GPL and copyright holder on the largest body of GPL'd
> covered free software, the FSF hears many theories of potential legal
> claims and challenges to the GPL. We hear the fear, uncertainty and
> doubt (FUD) expressed, that the GPL has never been tested in court, and
> that somehow that is a sign of its weakness. Nothing could be further
> from the truth of course. Put quite simply, if you don't accept the
> terms of the GPL, then you have no rights to the copyrighted works it
> covers. What is there left to test? The GPL is a software license, it is
> not a contract. It gives permissions from the copyright holder. You
> don't want to accept those permissions? End of discussion."
> 
> On Monday, a US Federal Court Judge dismissed Daniel Wallace's case
> saying "[The GPL] acts as a means by which certain software may be
> copied, modified and redistributed without violating the software's
> copyright protection. As such, the GPL encourages, rather than
> discourages, free competition and the distribution of computer operating
> systems, the benefits of which directly pass to consumers. These
> benefits include lower prices, better access and more innovation."
> 
> Brown continued, "Let us all stop and consider the consequences of what
> this US Federal Judge has said. On being presented with the facts
> surrounding the GPL, he was able to define a range of benefits available
> to those that value the freedoms delivered by the GPL. The question we
> are all left with is, why would anyone put up with the inferred
> consequences of proprietary software?", and, "If you care about lower
> prices, better access to software, or more innovation, then GPL'd
> software is for you. Or as the Free Software would describe that, you
> value freedom".
> 
> Having dismissed the case, and finding in favor of the FSF and against
> Wallace. The Judge also allowed FSF costs against Wallace. Wallace, now
> has thirty days to appeal the decision, but the FSF expects no relevant
> news on this matter.
> 
> --
> About the Free Software Foundation
> The Free Software Foundation, founded in 1985, is dedicated to promoting
> computer users' right to use, study, copy, modify, and redistribute
> computer programs. The FSF promotes the development and use of free (as
> in freedom) software - particularly the GNU operating system and its
> GNU/Linux variants - and free documentation for free software. The FSF
> also helps to spread awareness of the ethical and political issues of
> freedom in the use of software. Their Web site, located at www.fsf.org ,
> is an important source of information about GNU/Linux. Donations to
> support their work can be made at http://donate.fsf.org. Their
> headquarters are in Boston, MA, USA.
> 
> 
> 
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