On 2/19/06, olive <[EMAIL PROTECTED]> wrote: [...] > > http://www.terekhov.de/Wallace_v_Red_Hat_2nd_ANSWER.pdf > > > > There is no judgement at all in this document which is resume only the > arguments of D. Wallace. This court has dismissed D. Wallace on the > basis of similar arguments in the documents I have pointed.
The basis for dismissal was the judgement that Wallace didn't allege proper antitrust injury. It has really nothing to do with his arguments on price-fixing, etc. In his later filings, Wallace is just pressing the argument of predatory pricing which is consistent with http://www.rdantitrustlaw.info/shaky.pdf "More generally, competitors may never be heard to complain of artificially low prices unless they are predatory, because it is only predatorily low prices that threaten injury to competition.94 94) Id. at 339–40. The Court's discussion was consistent with the Brunswick dictum on predatory pricing. See Brunswick, 429 U.S. at 489 n.14 (where there is true predation (not just uncomfortably aggressive price cutting), a competitor's lost profits do count as antitrust injury, even though the predatory practice temporarily benefits consumers)." > What I am looking for is an actual judgement; not only arguments that please > you. Oh you should really look at the actual judgement. The judge already ruled that "Plaintiff's Third Amended Complaint States a Claim Upon Which Relief can be Granted" and Wallace expands on that finding of "vertical agreement" in his "Alternative Vertical Analysis". > All judgements I know have been up to now in favour of the GPL. That previous "ENTRY GRANTING MOTION TO DISMISS THE COMPLAINT" was not quite in favour of the GPL. > If you can show me the contrary, please do it, Just read it. I mean bits like "The GPL allows free access to software programs, subject to some limitations. This does not mean that the GPL necessarily aids competition as contemplated by the Sherman Act, as FSF contends." regards, alexander.