[governance] news: no US antitrust liability for open source

l.d.misek-falkoff ldmisekfalkoff at gmail.com
Wed Nov 22 12:52:39 EST 2006


Dear Sylvia,

I hope this is - yes, we shall learn - a good place to post a response since
the topic ultimately touches on issues of control, as far as governance
goes.  But if the discussion moves elsewhere it still will be interesting to
watch for comments on software being more like speech than beer (synopsis)
which to me connotes a non-product product distinction ()correct me off-line
if apt). However (we should read the actual Opinion, and shall) later in the
nicely compact e-Article the commentator mentions the open source code as
being part of a production process or leading to same...

Hmmm. All e-law being laid down in our time bears watching.  With 'Circuit
splits' such suits can qualify for consideration by U.S. Supreme or other
Regions; and States; highest jurist panels.

Thanks and well met here, Linda.


On 11/22/06, Sylvia Caras <Sylvia.Caras at gmail.com> wrote:
>
> The US Seventh Circuit, known for jurists steeped in theories of law
> and economics, has weighed in definitively against antitrust liability
> for open source software.
>
> http://technology.findlaw.com/articles/00006/010425.html
>
> ----------------
>
> I didn't get any response when I asked if items like this above could
> be posted on this list or should be posted elsewhere, so I'm sending
> this one item I read today as a trial balloon.  If not here, where?
> If here, what parameters and limits?
>
> Sylvia
>
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-- 
Dr. Linda D. Misek-Falkoff (Ph.D., J.D.)
(914) 769 3652
InterNetizen, ARPANet-Internet 47+ years..
Plaintiff at Suit, e-law cases.
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