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Lawsuit Says GPL is a Price-Fixing Scheme

Soko writes "Yes, it's real. The crack team of Daniel Wallace and Maureen O'Gara have ganged up once again to protect their version of "The American Dream," he by filing a lawsuit in Indiana court saying the GPL is nothing more than a price fixing scheme designed to drive software vendors out of business, she by parroting the proprietary vendors' "The GPL kills business" mantra (as well as a few well placed insults at the free software community). I found the story on Groklaw - no links to Ms. O'Gara or Mr. Wallace from me. I'm still kind of dumbfounded at the audacity of Mr. Wallace, but wonder if he has an angle that might have a slim chance of prevailing." This Google search reveals some of Daniel Wallace's views on the GPL.

10 of 850 comments (clear)

  1. Slim chance of winning? by MrDomino · · Score: -1, Troll

    They've got a very good chance of winning, I think. Bill Gates already has a good portion of (people|shills) thinking that GPL == communism; strike one. Free software firms are by nature not very big donators at election time; strike two.

    What about strike three? Good question. I only have two strikes, in fact, but the baseball analogy is fun nonetheless.

    1. Re:Slim chance of winning? by Glonoinha · · Score: -1, Troll

      I really hate to be the one stick in the mud that doesn't come in here raving about how great the GPL is ... but I honestly think it is the stupidest thing I have ever heard in my LIFE.

      As a professional software developer (employed one at that, maybe a dozen or so years plus a four year degree (well 5, I played a lot in school)) that wants to earn enough money as a professional to have at least a comfortable lifestyle ... I look at this 'free software' movement and think WTF?

      Who's bright idea was it that all software development should go totally uncompensated?

      There are coders, there are QA teams, and their are the guys doing implementations and support - and if all a guy does is code (and code well!), how the hell is he supposed to pay rent, bills, educational costs, food, clothes, etc if the software is all supposed to be free?

      The second issue I have with the 'free software' movement is that some of the business managers hear that mantra one too many times and interpret it as 'we don't need to pay developers as much because software is supposed to be free' and then they go abroad looking for ~free (ie offshore) developers - all of a sudden developers become unemployed, but they are still carrying on about how 'software should be free!!!' How much do you think a business manager is going to want to spend on infrastructure and support staff for a free package? Already had that conversation : answer = nothing.

      I have yet to have someone explain to me in a calm, rational manner how 'free software' does anything besides destroy the livelyhood of every software engineer in America. Until I can comprehend the underlying economics of how 'free software' = American software engineers making a comfortable living, I am going to continue to believe that 'free software' is the stupidest idea I have ever heard. Yes, Linus is a millionaire. Good for him, that's one - but that doesn't scale very well (or at least it hasn't in the real world, yet to date.)

      Freedom of choice is one thing. A good thing and one that I support / encourage.
      Free as in 'cost zero dollars' is about as stupid and evil as ... well as stupid and evil as Bill Gates*

      If anybody has a lucid overview as to why zero dollar cost for software is a great idea in the big scheme of employed software developers in the US - I'm eager to read it. We all can't live in our parent's basement for the rest of our lives.

      * (Had to throw that one just to screw up all the MS basher flamers that are sure to ensue.)

      --
      Glonoinha the MebiByte Slayer
    2. Re:Slim chance of winning? by Glonoinha · · Score: 0, Troll

      Never attribute to malice that which is easily explained by ignorance. Hanlon's Razor, I believe. Maybe I'm ignorant about F/OSS, but I admit it and I'm being open minded about it.

      I see quite a few posts in this thread about free (as in cost) software, software with a zero dollar cost - that drives my question (whether right or wrong.)

      As for free is in freedom (libre) software, hell I support that (did a presentation today on an application I coded in Java in Eclipse, deployed onto a SuSE 9 server.) My choice. Funny thing is that my company paid about $3,000 for the software (WSAD 5.1.2, box of SuSE plus annual maintenance, etc.)

      I'm not against the Libre software movement, but I genuinely believe that the 'gratis' software movement is screwing things up for all of us.

      That said - if FOSS isn't about 'gratis' software, maybe we need to start bitchslapping the folks pushing it that direction. If it is about 'gratis' software - someone needs to explain it better than 'well it has been explained ad nausium' or I am going to continue to think it is worse than stupid (it's destructive to software development as a profession.)

      --
      Glonoinha the MebiByte Slayer
    3. Re:Slim chance of winning? by ikkonoishi · · Score: 0, Troll

      Communism on any scale large enough that you can't know everybody's names requires a powerful overhead authority, be it a religious deity or a big brother type governmental authority, to ensure that people do not begin to slack off due to lack of direct reward and punishment for their efforts.

      Thus communism easilly leads to totalitarism.

  2. FOSS explains Open Source business model by WillAffleckUW · · Score: 0, Troll

    1. Write free code.
    2. Open source it.
    3.
    4. Profit!

    sigh ...

    --
    -- Tigger warning: This post may contain tiggers! --
  3. Truth by 101percent · · Score: 0, Troll

    The truth is that Free Software does destroy business. If your not allowed to own your code, than you can't control the economy based around it.

  4. Re:Wait a minute...Wal-Mart. by PepeGSay · · Score: 0, Troll

    "They have no value..."

    Except that given by the act of creation which open source wants to remove.....

  5. Yes, "price fixing" is only bad when MS does it by geekee · · Score: 0, Troll

    Most people posting on /. in regard to lawsuits brought against MS for bundling IE or their media player were pretty happy someone was going after MS. Now that some idiot is suggesting the same thing against OSS, sanity prevails on /., and people realize how ridiculous such lawsuits are. Of course, if MS was sued tomorrow over bundling, people here would rejoice, because they're not rational enough to keep a consistent opinion, but instead react emotionally based on who is being sued.

    --
    Vote for Pedro
  6. Re:Wait a minute... by Anonymous Coward · · Score: -1, Troll

    That's completely false. You should be ashamed of yourself. Wallace claims, correctly, that Gnu is selling their product for less than what it costs to produce it. That's called DUMPING, and it's against the law. He also claims, also correctly, that the FSF engages in price fixing by getting multiple vendors to agree to give their products away for free. The is anti-competitive, because it prevents other vendors who don't want to give their products away for free from entering the market.

    Try just for one minute to set aside your zealotry and look at the merits of the argument. You'll find that they're very sound.

  7. Re:The GPL is good for capitalism by mickyflynn · · Score: 0, Troll

    in National Socialism, all infrastructure which is common to the people is nationalized -- so power, water, roads, rail, airline, et etera. health care and schools and junk too I guess.

    Then there are small private enterprises -- your bakers, cobblers, tailors and junk.

    Citizens are entitled to all public services, but are required in turn to serve the public.

    Non citizens get whatever's the leftovers because they don't belong anyway and need to go away.

    National Socialism is actually rather nice. Except this pesky "Third Reich" experiment at it went horribly wrong. or did it?
    http://vho.org/GB/c/DC/gcgvcole.html

    David Cole, a Jew, says the gassings never happened and are fabricated by the Jewish Bolshevick Soviet Union.

    True or not, holocaust or not, National Socailism is nice. So long as people stay on their own side of the street. Moochers and parasites must be dealt with, of course. But citizens are rather independent outside of their required service (military).