Open source Free software 2615

David Kastrup

Except that copylefted "free software" is based on viral price-fixing restriction regarding the price of derivative intellectual property (licensing of exclusive rights in derivative works) to price it below cost of intellectual property creation at zero price ("no charge"). This obligation of viral contracting and price-fixing (licensing of derivative works) is blatant violation of EU Art 81.

It appears that even the GPL-moronized court in Frankfurt was able to recognize the problem to some extent. The court labeled the obligations part of the GPL Section 2 as "mšglicherweise nichtige Teil" (i.e. possibly void and unenforceable part):

But according to the GPL-moronized court in Frankfurt, eventhough the obligations part of GPL Section 2 is (straight from the district court's mouth -- see Pg. 14 in judgment) "mšglicherweise nichtige Teil" (i.e. possibly void and unenforceable part) due to illegal price-fixing and viral contracting in violation of EU Art 81, the defendant must be guilty of "copyright infringement" for not complying with it nevertheless. Uh, morons. Suppose that instead of anbreastrust violating part, the license would try to impose an obligation to include in a distribution some child loveo, illegal drugs, or some such... fine, no problem at all: still guilty of "copyright infringement" for "noncompliance". Uh, GPL-moronized retards.

Oh, Ah, BTW, SCO did really nice job trashing GPL "enforcement" theory in 794 memorandum:

regards, alexander.