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by belorn 3937 days ago
Looking at antitrust law I can't find a single phrase that would cover a scenario with free software. Could the linux project sell products at a loss? The linux project do not actually sell anything beyond brand merchandise (and they got state approved monopoly on that). People have argued (but never in court) that giving away software is price dumping but since you don't incur a marginal loss it do not match any current law that I have seen.

Can the linux project do exclusive dealing? I guess one could argue that the linux project did buy exclusively buy from BitKeeper, but defining that as an "supplier" seems to stretch the definition beyond nonrecognition.

Free software and open source licenses specifically forbids Refusal to deal, price fixing, and tied offering. You can't violate the law here without also infringing people's copyright.

Can linux project divide territories with other kernel projects? In theory they could do so if they offered support contracts but not by simply producing software. What would define a territory in the context of publicly offering free software to anyone?