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Re: Hey Terekhov: Wallace lost. Who'd guess.... ;)
From: |
David Kastrup |
Subject: |
Re: Hey Terekhov: Wallace lost. Who'd guess.... ;) |
Date: |
Sat, 20 May 2006 13:10:22 +0200 |
User-agent: |
Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux) |
Alexander Terekhov <terekhov@web.de> writes:
> David Kastrup wrote:
> [...]
>> This is going to be cute. The problem with an appeal is that Wallace
>> does not merely have to get it right this time: he has to prove that
>> he got it right last time around, and the court just failed to notice.
>
> Appellate court will review district court's grant of motion to dismiss
> de novo, accepting all the allegations in Wallace's complaint as true
> and drawing all reasonable inferences in favor of Wallace.
>
> I'm pretty sure that dismissal "based on failure to allege an
> anticompetitive effect" will be reversed because "predatory pricing
> has the requisite anticompetitive effect" (ARCO).
Well, first predatory pricing _as_ _defined_ would have to be shown.
One fallacy here is that "predatory pricing" requires "pricing" in the
first place, and the parties _participating_ in GPLed software
development are not free to set the "price for intellectual property":
this is fixed by the upstream license. Adhering to license terms is
not prohibited and does not form a conspiracy, or all law-abiding
citizens would be in a conspiracy.
--
David Kastrup, Kriemhildstr. 15, 44793 Bochum
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), (continued)
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/18
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/19
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/19
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/19
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/19
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/19
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/19
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;),
David Kastrup <=
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), John Hasler, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), Alexander Terekhov, 2006/05/20
- Re: Hey Terekhov: Wallace lost. Who'd guess.... ;), David Kastrup, 2006/05/20