MS "bans" GPL

Alex Martelli aleaxit at yahoo.com
Tue Jul 3 23:20:42 CEST 2001


"David LeBlanc" <whisper at oz.nospamnet> wrote in message
news:9hst9p$oqv$5 at 216.39.170.247...
    ...
> Opinion: It would not be illegal for Microsoft to make it a condition of
> use that you not install open source software if you want to use their
> OS. It's not restraint of trade since technically, open software is not
> traded - there's no _overt_ exchange of value nor is there a "buyer" or a
> "seller" who could be harmed monetarily through such a restraint

Counter-opinion: where did you get the strange idea that open-source
software can't be traded/sold/bought?  It's far from unusual for a
developer to develop application X for a specific customer (and for
plenty of $$$) and put X under the GPL (the developer may have to,
if he uses GPL'd stuff in X, or may simply choose to -- maybe he
thinks this will help spread X's use and his superior familiarity with
X's core sources gives him competitive advantage in bidding for
support & enhancement contracts on X once it's widespread, &c).

> (besides, you have the freedom to choose another OS according to MS).

Remember the US Appeals court did endorse the findings of fact
and law in the MS antitrust case -- so MS _is_ officially a monopoly.
This subjects them to much stricter restraints (in theory -- what
remedies will be decided against their illegal antitrust behavior is
another issue of course).


Alex






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