Re: New BK License Problem?

From: Hans Reiser (reiser@namesys.com)
Date: Sat Oct 05 2002 - 11:18:51 EST


walt wrote:

> Hans Reiser wrote:
>
>> tom_gall@mac.com wrote:
>>
>>> Greetings all,
>>>
>>> I noticed Larry recently changed the license on bk. Once clause in
>>> particular struck me and I thought I'd better point it out for your
>>> reactions...
>>>
>>> Specifically from Section 3:
>>>
>>> (d) Notwithstanding any other terms in this License, this
>>> License is not available to You if You and/or your
>>> employer develop, produce, sell, and/or resell a
>>> product which contains substantially similar capabil-
>>> ities of the BitKeeper Software, or, in the reason-
>>> able opinion of BitMover, competes with the BitKeeper
>>> Software.
>>>
>> Seems like a pretty straightforward violation of the anti-trust laws,
>> and a conspiracy to restrain trade...
>
>
> I Am Not A Lawyer, but AFAIK the anti-trust laws in no way obligate
> a business to aid its own competitors.

Read about the essential facilities doctrine.

>
>
> Restraint of trade occurs when two competitors conspire to crush a
> third competitor. Who is Larry's co-conspirator in your scenario?
>
>
> -
> To unsubscribe from this list: send the line "unsubscribe
> linux-kernel" in
> the body of a message to majordomo@vger.kernel.org
> More majordomo info at http://vger.kernel.org/majordomo-info.html
> Please read the FAQ at http://www.tux.org/lkml/
>
>
A single company is considered a conspiracy under the anti-trust laws.

Hans

-
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to majordomo@vger.kernel.org
More majordomo info at http://vger.kernel.org/majordomo-info.html
Please read the FAQ at http://www.tux.org/lkml/



This archive was generated by hypermail 2b29 : Mon Oct 07 2002 - 22:00:50 EST