Daniel Wallace (plaintiff)

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Daniel Wallace is an American who is primarily known for having sued the Free Software Foundation (FSF) for price fixing. In a later lawsuit, he unsuccessfully sued IBM, Novell, and Red Hat.

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[edit] The FSF lawsuit

In 2005, Daniel Wallace filed suit against the FSF in Indiana, stating that the GPL, by requiring copies of computer software licenced under it to be made available freely (without legal restriction), and possibly even at no cost, is tantamount to price fixing. In November 2005 the case was dismissed without prejudice, and Wallace filed multiple amended complaints in an effort to satisfy the requirements of an antitrust allegation. His fourth and final amended complaint was dismissed on 20 March 2006, by Judge John Daniel Tinder, and Wallace was ordered to pay the FSF's costs. In its decision to grant the motion to dismiss, the Court ruled that Wallace had failed to allege any antitrust injury on which his claim could be based, since Wallace was obligated to claim not only that he had been injured but also that the market had. The Court instead found that

[T]he GPL encourages, rather than discourages, free competition and the distribution of computer operating systems, the benefits of which directly pass to consumers. These benefits include lower prices, better access and more innovation.

The Court also noted that prior cases have established that the Sherman Act was enacted to assure customers the benefits of price competition, and have emphasized the act's primary purpose of protecting the economic freedom of participants in the relevant market. This decision thus supports the right of authors and content creators to offer their creations free of charge.

This decision was affirmed by the Seventh Ciruit Court of Appeals on 9 November 2006 in a decision written by Judge Easterbrook. http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-2454_008.pdf

[edit] The IBM, Novell, and Red Hat lawsuit

In 2006, Daniel Wallace filed a lawsuit against the software companies IBM, Novell, and Red Hat, who profit from the distribution of open-source software, specifically the GNU/Linux operating system.[1] Wallace's allegation was that these software companies were engaging in anticompetitive price fixing.

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.

Wallace later filed an appeal in the Seventh Circuit Appeal Court, where his case was heard de novo in front of a three-judge panel led by Frank Easterbrook. He lost his appeal, with the judge citing a number of problems with his complaint.[2]

[edit] Footnotes

[edit] Cited references and notes
  1. ^ Peter Brown (2006). The GPL tested in US courts - Wallace Vs FSF. Free Software Foundation. Retrieved on May 21, 2006.
  2. ^ Anne Broache (2006). Open Source Earns Legal Victory. Retrieved on November 12, 2006.

[edit] Uncited references

[edit] External links

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