United States Seventh Circuit
Wallace v. Int'l Bus. Mach. Corp., 06-2454
Dismissal of a suit against corporate contributors to, and distributors of, the Linux operating system under the GNU General Public License (GPL) is affirmed where: 1) the distribution of free software does not constitute predatory pricing since prices would will never reach a monopoly stage; 2) individuals and organizations who accept the GPL are not "conspirators" involved in "restraint of trade"; and 3) the "fixing" of the price for software at zero benefits consumers, and thus survives scrutiny under the Rule of Reason.
Appellate Information
- Decided 11/09/2006
- Published 11/09/2006
Judges
- EASTERBROOK, Circuit Judge., Before EASTERBROOK, KANNE, and EVANS, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Daniel Wallace, New Palestine, IN, pro se.
- For Appellees:
- Michael H. Gottschlich, Kendall H. Millard, Barnes & Thornburg, Philip A. Whistler, Curtis W. McCauley, Ice Miller, Indianapolis, IN, for Defendants-Appellees.