Re: New BK License Problem?

Hans Reiser
2002-10-05T16:13:22Z

walt wrote:

> Hans Reiser wrote:
>
>> tom_gall@mac.com wrote:
>>
>>> Greetings all,
>>>
>>> I noticed Larry recently changed the license on bk. Once clause in
>>> particular struck me and I thought I'd better point it out for your
>>> reactions...
>>>
>>> Specifically from Section 3:
>>>
>>> (d) Notwithstanding any other terms in this License, this
>>> License is not available to You if You and/or your
>>> employer develop, produce, sell, and/or resell a
>>> product which contains substantially similar capabil-
>>> ities of the BitKeeper Software, or, in the reason-
>>> able opinion of BitMover, competes with the BitKeeper
>>> Software.
>>>
>> Seems like a pretty straightforward violation of the anti-trust laws,
>> and a conspiracy to restrain trade...
>
>
> I Am Not A Lawyer, but AFAIK the anti-trust laws in no way obligate
> a business to aid its own competitors.

Read about the essential facilities doctrine.

>
>
> Restraint of trade occurs when two competitors conspire to crush a
> third competitor. Who is Larry's co-conspirator in your scenario?
>
>
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A single company is considered a conspiracy under the anti-trust laws.

Hans