Re: [Fsfe-uk] GPL and new EU antitrust proposals for licences

[MJ Ray]

On 2003-12-03 20:50:59 +0000 James Heald <address@hidden> wrote:

> -- But: has anybody checked the GPL against the proposed new EC 
> antitrust 
> regulation on technology transfer and licencing ?

I don't know. Hopefully our cc'd colleagues will.

> Could it conceivably be argued that prima facie the terms of the GPL 
> might 
> somehow be a restriction of freedom under 81(1)(a), 81(1)(b) or 
> 81(1)(e)  ?

I can't see how. Can you explain any possible reasons that you think 
it could? (If you could avoid latin, it would help me too.)

> (b) any direct or indirect obligation on the licensee to assign, in 
> whole or 
> part, or to a third party designated by the licensor, rights to 
> improvements 
> to or new applications of the licensed technology.
>
> Could this affect the GPL ??

Again, I don't see how. The GPL does not place the licensee under any 
obligation to assign rights to any particular party. I think that any 
"compulsary assignment" licence terms are non-free. Can you suggest 
any reason why it might?

--
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