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Date:      Mon, 22 Feb 1999 16:04:53 -0700
From:      Brett Glass <brett@lariat.org>
To:        freebsd-chat@freebsd.org
Subject:   The GPL and the Robinson-Patman Act
Message-ID:  <4.1.19990222155920.0404e9d0@mail.lariat.org>

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One concern I've always had about the GPL and the FSF is that they appear
to violate the Robinson-Patman Act. They make code free to users, free to
developers of GPLed software, and expensive or utterly unattainable to
developers of commercial software. Richard Stallman specifically states
that an effect of the GPL will be to remove software from the realm of
competition.

Is this illegal price discrimination? Here's a copy of the relevant language:

The Robinson-Patman Act, 15 U.S.C.A. Section 13 

Section 13. Discrimination in price, services, or facilities 

(a) Price; selection of customers. It shall be unlawful for any person
engaged in commerce, in the course of such commerce, either directly or
indirectly, to discriminate in price between
different purchasers of commodities of like grade and quality, where either
or any of the purchases involved in such discrimination are in commerce,
where such commodities are sold for
use, consumption, or resale within the United States or any Territory
thereof or the District of Columbia or any insular possession or other
place under the jurisdiction of the United
States, and where the effect of such discrimination may be substantially to
lessen competition or tend to create a monopoly in any line of commerce, or
to injure, destroy, or prevent
competition with any person who either grants or knowingly receives the
benefit of such discrimination, or with customers of either of them....

Hmmm. Sounds like there could be a case here.

--Brett Glass


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