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From Ian Lynch <>
Subject Re: Legal concern: Are we getting to close ot a "division of markets" conversation?
Date Mon, 06 Jun 2011 08:20:03 GMT
On 6 June 2011 08:25, Greg Stein <> wrote:

> Hey. Feel free to spin your theories.
> It just isn't possible to divide markets around ALv2 code.

We had a lot of these competition discussions/arguments with BECTA in the
UK. They never grasped that FOSS is not a product in the sense of a product
owned by a company or cartel sold at a price. They would say things like we
can't back FOSS because it is an unfair advantage to one product and at the
same time make a procurement framework that was only possible to bid for
with software licenses! Anyone is free to use FOSS so it is not a product in
the company ownership sense, its more like a business method that is open to
all. BECTA was effectively giving unfair advantage to one business method
over another for years yet no competition issue was ever raised.  As far as
I can see, saying the Apache role is to maintain a common code base and the
TDF role is to use it in a specific way is no different from saying the
OASIS role is to hold and define the ISO 26300 standard and other people can
build products and services around it. OASIS is not bound to produce a

If two dominant market players colluded to divide up a definable service
based on any product eg by price fixing it would be illegal but I don't see
any scope for this in these discussions. If we said we'll jointly market OOo
T-shirts and promise to not sell them other than at $10, that would be
illegal. I can't see that is the same as saying that in general people will
be allowed to use the TM on T-shirts if they give back $X to the project

While this is not really relevant to the incubator vote, I think
clarification of consequences/issues of working together is still

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