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

Like Clickfraud Spamnil (Swapnil Bhartiya) But for Hate Mongering: What Twitter Has Become
If you still waste time in Social Control Media, consider changing course
EPO People Power - Part II - Talking About Corruption
European media must "grow a pair" and start writing about EPO corruption
Circular Funding
Passing around capital that does not exist (for PR's sake, but there are ramifications)
Y Combinator (YC) Funds Scams, Run by Scammers
Including Scam Altman
EPO People Power - Part I - Identifying Corruption
The EPO, at this stage, is a boat full of holes
 
The Web Has Become Extremely Rude
If you cannot behave, go offline
Slopfarms Parrot Any Number That GAFAM Throws at Them, Even Totally Fictional Figures That Merit Fact-Checking
fake from Microsoft
Microsoft Lunduke Tailors His 'Content' for 4Chan
The latest from Lunduke "Journal"
Richard Stallman Was Also Right About Microsoft GitHub (It's Becoming a Botfarm)
trashing the platform
Democracy and Buzzwords
and hype
Five Years in Gemini Protocol
One might say we escaped to Geminispace 2 years before the deluge of slop on the Web
Keeping Up the Pressure on EPO Management
We want to thank our European readers who contacted their representatives
For New PCs and for Old (or Retro) PCs the Increased Cost of System Memory Benefits GNU/Linux and BSDs
GNU/Linux does not have this problem or barely has this problem
Gemini Links 10/12/2025: "Thousand Mile Journey" and The Art Of Chilling
Links for the day
Moving Away From Content Management Systems (CMSs) and Flocking to Static Site Generators (SSGs)
The SSG 'hype' is not based on marketing but a simple reality
IBM is Laying Off Workers in India (While Spending a Fortune Buying a Company for Buzzwords, a Box-Ticking Exercise)
So what is the overall strategy?
Just a Little Slop About "Linux"
Slop about Linux isn't that common anymore
Links 10/12/2025: McDonald’s Latest Slop Gaffe (After Dumping IBM's Slop) and "Scam Altman’s Panic Sweats"
Links for the day
Links 10/12/2025: Ransomware (Windows TCO) Has Crippled Economies, Slop (Fake) "Videos Have Flooded Social (Control) Media"
Links for the day
IBM Has Become a "Plantation"
IBM is basically being destroyed for some cash at this point
It's Not Too Late to Send an E-mail to Your European Representative Regarding European Patent Office Abuses
If you live in Europe and have not done so already, please contact your national delegates, whose job is (at least on paper) to represent you
Almost a Thousand EPO Workers Have Voted for Industrial Action
Mandate given to SUEPO for action plan to stop the salary erosion of EPO staff
Why So Many Software Projects Are Quitting Microsoft and GitHub
Be more like LibreWolf. Move away from Microsoft and GitHub.
Many of the Attacks on Us Apparently Boil Down to Jealousy
Envy is a negative trait that leads people to self harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 09, 2025
IRC logs for Tuesday, December 09, 2025
Valuing One's Work by the Effort or Budget Taken to Undermine It
As long as what we publish is factual, nothing prevents its publication
IBM Says It Buys Another Company for "AI", So Why Does IBM Fire Its Own "AI" Experts?
As people rightly point out, this has nothing to do with "AI"
The Boundaries of Criticism
The harder the EPO will push back, the better the job we must have done
New EPO Series: Mafia Culture, Mobbing, Nepotism, and Illegal Drugs
The series shall start later today
Richard Stallman Was Right About "AI"
"Considering Stallman worked in the MIT AI lab in the era of symbolic AI, and has written GCC (an optimizing compiler is a kind of symbolic reasoner imo), I think he has a deeper understanding of the question than most famous people in tech."
With 3 Weeks Left (Sans Extensions) the Free Software Foundation (FSF) Has Already Raised About Half of the Money Set as Fund-Raising Goal
“Idiots can be defeated but they never admit it.” — Richard Stallman
Gemini Links 10/12/2025: Cranberry Juice and Gramophones
Links for the day
IBM: We Lay Off Tens of Thousands of People the Very Same Week We Spend 11 Billion Dollars (Debt) on "AI" Fantasies, Hiring About 8,000 People at Cost of 1.3+ Million Dollars Per Employee
Seems like IBM is run by fools
Google Still Promotes Plagiarism From WebProNews and Prolific Slopfarms
Google News seems lost and hopeless sometimes
Links 09/12/2025: Tariffs Causing Great Harm and "How to Leave the U.S.A."
Links for the day
Links 09/12/2025: "After the Bubble" (of Slop), "The Internet Forgets"
Links for the day
Gemini Links 09/12/2025: Lunar Observations and Programming
Links for the day
Linux Foundation Has Found a New Business: Pyramid Schemes
Linus Torvalds should have known better
They Won't Tell You This ("Revolution Won't Be Televised"), But the Slop Bubble Already Burst
We already wrote about it twice this morning
UbuntuPIT Started Experimenting With LLM Slop and a Month Ago It 'Died'
This is the typical trajectory of slopfarms
LibreWolf Will Turn Six in March, It Already (Probably) Has Millions of Users
It's not possible to know the number of users LibreWolf has
The Year of the New Dark Age
Something isn't right
Slopwatch May be Doomed
Slop isn't changing the world, certainly not in a good way anyway
BetaNews Still a Dodgy Site, It Seems to be Partly Run by Chatbots
The company that took over apparently tries to "monetise" the domain with slop
Tomorrow the EPO Administrative Council is Meeting to Discuss the EPO, Contact Your National Representative Today
Final versions of the EPO Administrative Council photo gallery
IBM's Total Debt is About to Hit Almost 80 Billion Dollars, the Company Can Only Raise $14.8 Billion Within 3 Months
Route towards insolvency, not just irrelevancy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 08, 2025
IRC logs for Monday, December 08, 2025
IBMers Impacted by the Mass Layoffs (Which IBM Tries Not to Talk About) Are Livid as the CEO "Spends 11 Billion He Doesn’t Have"
IBM dooms both its brand and its future
Consumerism and Christmas
Many of us yearn for prior decades when December was about family, not shopping
'Linux' Foundation 'Research' (Marketing) Has New Report About "Open Source" and It Was Made Using Proprietary Software and Not Linux
what 'Linux' Foundation 'Research' is
Links 08/12/2025: Cambodia-Thailand Air Raids, Japan/China Military Incident
Links for the day
The "Cut 10,000 Jobs" Clickbait and Microsoft Sites Now Speculating That Microsoft CEO Has Just Signalled More Mass Layoffs
by our tally, Microsoft had more than 30,000 layoffs this year, not 15,000
Canonical Outsourcing Ubuntu to Microsoft Results in Broken Ubuntu, Just as One Can Expect
State actors and Microsoft prefer it that way
Mocking a Software Developer for Using the Terminal or Programs Like Emacs
A decade ago someone asked RMS (Richard Stallman, founder of the free software movement) to send a screenshot
OpenAI Traffic Collapsing (for 3 Months in a Row About 20% Down Per Month), Bankruptcy Likely Soon
How much time has OpenAI got before its massive debt is too much for anyone to shoulder or bear?
IBM + NDA = Laid Off Workers Saying "Thank You" for the Layoffs
The important thing is, for now, more people become aware of it
Monsieur Claude Sahl, Part of the Administrative Council of the EPO (Which Fails to Administer the EPO), Has Been There For Over 30 Years
They have basically built themselves a very expensive palace in Bavaria (Germany), in which to grant European monopolies to billionaires and companies that aren't even European
Open Letter to the Administrative Council of the EPO Calls For Action as Salaries Decrease (Just Like Patent Validity)
Based on what I heard and spoke about with journalists, they accept there is a substance abuse problem at the EPO's management
Links 08/12/2025: "Leaving Intel" (Exodus Continues) and Ways "to Civilize Digital Life"
Links for the day
Gemini Links 08/12/2025: Earbuds and Offline 'Smartphones'
Links for the day
Books About Bubbles
calling things "AI" and "AIs" can mislead the reader
Links 08/12/2025: Slop Failing and Windows Users Won't 'Upgrade' Due to Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 07, 2025
IRC logs for Sunday, December 07, 2025