Subject: Re: FAQ - GPL Case Law? : GPL issue at my work place
From: "Alexander Terekhov" <alexander.terekhov@gmail.com>
Date: Fri, 18 Jan 2008 23:18:39 +0100

On Jan 18, 2008 10:36 PM, Smith, McCoy <mccoy.smith@intel.com> wrote:
> Nope.  I think alexander already circulated the Wallace 7th Cir decision
> and some or all of the European decisions.  To complete things, someone
> should probably locate the two dismissal orders from the Wallace case in
> Indiana, one in favor of IBM, the other in favor of FSF.

Three dismissal orders.

http://www.internetcases.com/library/cases/2005-11-28_wallace_v_fsf.pdf

First off, judge Tinder rejected a number of the arguments of the Free Software
Foundation, including that the nature of the GPL providing free access
to software programs, subject to some limitations, necessarily aids
competition.

But then he changed his mind and basically told the Congress to
replace copyright with copyleft:

http://www.groklaw.net/pdf/WallaceFSFGrantingDismiss.pdf

"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."

(Referring to an article by uncharged "co-conspirator" [in Wallace
speak] at Montavista :-) )

Then came judge Young and totally ignored judge Tinder's finding of
alleged anticompetitive effect (reduction of IP output -- see first
dismissal order above).

http://www.groklaw.net/pdf/Wallace-IBM-Dismiss.pdf

Man oh man, so much fun (not even counting Easterbrook's amazing
"quick look" on the GPL and Wallace claim).

regards,
alexander.