Bonum Certa Men Certa

Daniel Wallace Explains Why He Challenged the GPL (Copyleft) in Court



Richard Stallman
Richard Stallman's last interview as FSF president



Summary: Almost 15 years ago Daniel Wallace alleged that copyleft (or GPL specifically) was problematic and contravened federal antitrust laws; he lost the case and now he explains to us why he pursued that misguided litigation campaign

OVER the past few days we've been studying the GPL challenge that was widely discussed a decade and a half ago after Daniel Wallace, about 60 at the time, had alleged that it was an antitrust violation. He even took it to court. As Wikipedia put it:



Wallace v. International Business Machines Corp., 467 F.3d 1104 (7th Cir. 2006), was a significant case in the development of free software. The case decided, at the Court of Appeals for the Seventh Circuit, that in United States law the GNU General Public License (GPL) did not contravene federal antitrust laws.

Daniel Wallace, a United States citizen, sued the Free Software Foundation (FSF) for price fixing. In a later lawsuit, he unsuccessfully sued IBM, Novell, and Red Hat. Wallace claimed that free Linux prevented him from making a profit from selling his own operating system.


We found the current contact details of Mr. Wallace and Ryan, who comes from the same state where Wallace resides, did eventually call him. That was yesterday. "He said it was long in the past and that he was planning to develop a product based on BSD," Ryan reported. "He wouldn't go further than that. He just said he's 74 now and it's long in the past. He chose not to proceed because he was representing himself pro se and that it would have bankrupted him had he continued to appeal."

When we started exploring this we wondered aloud who might have funded or 'bankrolled' the lawsuit.

"When we started exploring this we wondered aloud who might have funded or 'bankrolled' the lawsuit.""He said it was just his opinion that the GPL doesn't "hold water" legally," Ryan continued, "and that giving software away and charging for services prevents others from making competitive products."

Did Microsoft have anything to do with this (like the SCO lawsuit)? "Doesn't pass the "sniff test" for Microsoft," Ryan said, "I think it's just someone who wanted to knock over copyleft because they had some idea for a product that couldn't compete. He seemed to not like Red Hat very much. He said that it was dishonest to give the software out for free and charge for services. The court kept saying that he failed to articulate an antitrust argument. They let him amend his complaint 4 times before they threw it out."

Groklaw wrote a lot about it at the time. Sadly, some Groklaw pages are no longer accessible.

"Groklaw wrote a lot about it at the time. Sadly, some Groklaw pages are no longer accessible.""He seemed to be under the impression that the GPL requires software to be free of charge," Ryan said. "It doesn't. It just makes it hard to sell because someone could take the same source code and come up with a different version. He said he got hit with huge costs for the legal costs incurred by FSF and the three companies (IBM, RH, Novell)."

"Although," Ryan continued, "he accidentally contributed something to the GPL. Instead of knocking it down, he gave us case law that it provides direct benefits to the market, as decided by the trial judge, and a three judge panel voting unanimously at the Seventh Circuit appeals court. Which can be cited if someone else is ever hit with antitrust complaints regarding a Free Software License. I'd say that Daniel Wallace's demeanor was more shocked that someone wanted to talk to him and evasive, but definitely kind of blindsided that someone would poke around at that after 15 years."

It's never too late to start pursuing answers and clarify.

"He said he was looking into some product based on BSD but wouldn't elaborate," Ryan summarised. "I mean, there are small tech companies in the Indianapolis area, so it's certainly possible that he wanted to make a server offering or a network product, where FreeBSD was competitive with Linux at the time, mostly."

"In reality, what Microsoft is doing -- licence-wise -- is far closer to a violation of antitrust law.""He has very strong opinions that the GPL is illegal under copyright law. He kept saying things like "I couldn't attack it using copyright law, so I went after it with antitrust law."."

As Wikipedia put it: "On May 16, 2006, Judge Richard L. Young dismissed the case with prejudice: "Wallace has had two chances to amend his complaint [...]. His continuing failure to state an antitrust claim indicates that the complaint has "inherent internal flaws." [...] Wallace will not be granted further leave to file an amended complaint because the court finds that such amendment would be futile.""

In reality, what Microsoft is doing -- licence-wise -- is far closer to a violation of antitrust law. IBM, Novell, and Red Hat collaborating in the open, or sharing code, isn't anywhere as problematic as what Microsoft does.

“No less than Bill Gates himself said in a recent Fortune article that Microsoft competes better against Linux in China when there's piracy than when there isn't.

“So, Microsoft actively looks the other way as people pirate its software. It builds its market share that way, and lets people get used to the idea of having Windows at a certain price.”

--ECT

Recent Techrights' Posts

Microsoft Staff Explains How Microsoft Swindled Employees and Avoided Paying Out Severance Pay (Microsoft Hasn't Much Money Left in the Bank)
This is a classic way to avoid paying workers
Techrights Should be Even Faster Now
We're now better off
Richard Stallman (RMS) Gave 3 Talks in India in Less Than a Week
In India this month we've not seen a single negative comment about RMS
Microsoft Mass Layoffs Without Severance Pay Reported Hours After Microsoft Reported Weak Numbers and Microsoft Stock Fell
Microsoft has a bloodbath this month
Another Slew of Fake Articles About 'Linux' and 'Security' From Brittany Day at linuxsecurity.com (Spamfarm/Slopfarm)
linuxsecurity.com is basically a pariah and parasite. It lessens the incentive to write real articles about "Linux" by generating fake ones to outrank the originals.
 
Links 31/01/2025: Mass Layoffs at Amazon and Microsoft, Sweden Again Fails to Protect Critics of Violence
Links for the day
Slopwatch: Fake Articles About "Linux" and More (Latest Roundup Featuring BetaNews, Janus Atienza, and Brittany Day From Guardian Digital, Inc)
LLM slop season
"Not one of us" by Dr. Andy Farnell
Elon Musk has brought embarrassment to nerds and technologists
Gemini Links 31/01/2025: "Bulletin Buble" and "Why Blog?"
Links for the day
Static Site Generators (SSGs) Pay Off: Vastly Faster Sites, Much Smaller Hosting Bills
success story for SSGs
Of Note: Linux Foundation Has Already Let Linux.com Rot for About 4 Months (No Activity)
there's no campaign aside from marketing spam there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 30, 2025
IRC logs for Thursday, January 30, 2025
Indian Data Biases statCounter For or Against "Linux"
In statCounter, the GNU/Linux increases and decreases are deeply tied to what it does with data collected in India
The Corporate Media Pretends That Facebook ("Meta") Has Performed Well, But Its Debt Doubles Every 2 Years Despite Mass Layoffs
That same media also helps parrot misleading financial claims
Microsoft's Debt Surged by More Than 6,000,000,000 Dollars in Just 3 Months
numbers released hours ago
The Sheer Irony of Microsoft Proxy Accusing Others of 'Stealing'
Wherever DeepSick's data came from, Microsoft (or its proxy) is in no position to issue criticism.
The Difference a Decade (and GAFAM Money) Makes
Credibility cannot be purchased
[Meme] The Free Software Foundation (FSF) Has Critics Because Its Message is Effective
Applying to others the same standards one is willing to violate?
The Free Software Foundation (FSF) Raised $422,000 (Another $22k in the Two Weeks After Campaign Ended), Proving That Truth and Justice Tend to Find a Way
10,000+ dollars a week even without campaigning for more funds
Faking Revenue Increase by Buying Your Own Products and Services (Through Scams and Scammers Like Scam Altman)
Is this what society deserves? Media that instead of exposing corruption has chosen to participate in it and profit from it?
Links 30/01/2025: Fentanylware (TikTok) Causes Deaths, FBI Seizes Domains
Links for the day
Gemini Links 30/01/2025: Action vs Inaction, Gopherholes, and More
Links for the day
Links 30/01/2025: Microsoft Wants Convicted Felon to Give Fentanylware (TikTok) to It (After Making a Phonecall Asking for That in 2019), "Moving Away From Google's Ecosystem"
Links for the day
Jack M. Germain (LinuxInsider) Seems to Have Turned to LLM Slop, Graphics Slop, and B2B SPAM
LinuxInsider is barely active anymore
Links 30/01/2025: Amazon Layoffs and DeepSeek Panic
Links for the day
Gemini Links 30/01/2025: Chaos Reigns, E-mail, Searching
Links for the day
IBM: Many Thousands of Layoffs in 2025
If 2025 is expected to be the same, then perhaps about 20,000 IBM workers will no longer be there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 29, 2025
IRC logs for Wednesday, January 29, 2025
Google: Your Only Option is Google YouTube (Coming Soon: Mandatory DRM and Attestation?)
Digital Restrictions (DRM) to follow? Only for "approved" (attestation) browsers?
Mastodon Was Always Biased (Just Like Twitter After Abandoning Chronological and Neutral Timelines in Order to Become More Like Facebook)
So bury-brigading and click-farming control what people see
Certificate Authority Let's Encrypt Falls to Only 0.4% of the Total in Geminispace
Geminispace does not need to outsource trust
The Munich-Based EPO is Still Using a Platform That Promotes the Far Right and Rehabilitates Nazism
Active Twitter account
Links 29/01/2025: Dismantling Public Health in the US, Air Busan Plane Up in Flames (South Korea's Air Disasters Streak)
Links for the day
Announcements and Administrivia
This week we're going out for two days in a row to celebrate an achievement that's very respectable
Gemini Links 29/01/2025: Japan, GTD, and More
Links for the day
Sir, Yes, Sir. The Life of EPO Patent Examiners.
If working for the EPO makes it harder to sleep at night, take action
How the EPO Pressures Staff Into Minting More Monopolies (Patents), Even Illegal Ones That Harm Europe and Ultimately Dismantle the Rule of Law
insights into the pressure examiners are under
LLM Slop Machines Are Not a Win for "Open Source" and If They Get Cheaper, It's Even Worse
If some program that claims to be "Open Source" pollutes the Web with fake articles (Microsoft SPAM and fake "Linux" articles), whose win is it?
Links 29/01/2025: Data Privacy Day and Growing Tensions in Europe
Links for the day
Nazi Twitter (aka "X") Became a Troll Site That Lets People Buy a Blue Tick While Its Boss Actively Promotes Neonazi Politicians
the intellectual level of people who infest the Web through "Twitter" or "X"
This is Why They're So Afraid of Richard Stallman (He Tells People the Correct History)
Then they post about it to Microsoft's LinkedIn
Richard Stallman Speech in Bengaluru, "Silicon Valley of India"
62 years have passed since his "young nerd" days and he's still at it
Claim: Facebook Deletes Posts of IBM Red Hat Critics
As always, follow the money (advertisers)
Links 29/01/2025: Climate Crisis and "It’s time for the Xbox to fade away" (Microsoft Lose)
Links for the day
Links 29/01/2025: Buying Groceries During a Trade War, Political 'Retro'
Links for the day
More Illegal Patents at the EPO, Legality of Granted European Patents No Longer Matters to the Office
breaking the law for profit
Network Improvements Tomorrow
"Network maintenance" down in London
Sharing is Caring (But Advocating Copyleft Makes You a "Target")
GPLv3 does not close all the loopholes which the "Affero" helps close
Articles About Free Speech at Facebook
'Facebook vs Linux' story is now receiving a lot more media coverage
We Were Right About stallmansupport.org Making an Error by Joining Social Control Media. mastodon.social Suspends stallmansupport.org.
From what we can guess, accounts can be banned by some oversensitive admin or a mob of users ("bury brigades")
"Latest Technology News" in BetaNews Still LLM Slop and SPAM Composed by LLMs (It's Basically a Spamfarm Disguised as a News Site)
Only a fool would visit BetaNews in search of actual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 28, 2025
IRC logs for Tuesday, January 28, 2025
The EPO's Corruption, If It Remains Untackled, Helps the Far Right and Enemies of European Unity/Solidarity
Do not negotiate with evil
The Web, Including Wikipedia, Gets Filled With Lies About Bill Gates, Added by Bill Gates and His PR Team
Of course Wikipedia is funded by Gates
Facebook Banning Linux Sites (or People Who Link to Linux Sites) is Another Symptom of the Web's Demise
The state of media on the Web is really bad; Social Control Media amplifies the badness, as Facebook serves to show
Gemini Links 29/01/2025: Neovim Telescope and Writing Less
Links for the day