Wallace's Second Anti-GPL Suit Loses
Enterprise OpenSource Magazine is reporting that Daniel Wallace's second Anti-GPL lawsuit has gone down in flames. From the (short) article: "The judge wrote that 'Antitrust laws are for 'the protection of competition, not competitors.' In this case, the GPL benefits consumers by allowing for the distribution of software at no cost, other than the cost of the media on which the software is distributed. 'When the plaintiff is a poor champion of consumers, a court must be especially careful not to grant relief that may undercut the proper function of antitrust.' Because he has not identified an anticompetitive effect, Wallace has failed to allege a cognizable antitrust injury.'"
What surprises me is not that Wallace was laughed out of court. That was almost certain for various reasons. What did surprise me is that the judge's comments showed that he really understood the GPL and its role in ensuring a competitive marketplace.
All I could find about him in Google is that he is a physics teacher and a member of the FSF. This raises the question: did he lose on purpose? The whole thing was done so ineptly and without apparent motivation to win that one wonders if he's just trying to work some judicial precedent for the GPL.
He used to be a member of the FSF but that was
long ago.
The last few years he has been in any board he could get into trying to prove the GPL wouldn't have a chance in a court of law and, basically, being laughed at.
He probably couldn't take the laughs any more and he tried to prove he was right.