Daniel Wallace, a United States citizen, sued the Free Software Foundation (FSF) for price fixing.
[2] On April 28, 2005, Daniel Wallace filed suit against the FSF in the U.S. District Court for the Southern District of Indiana, stating that the GPL, by requiring copies of computer software licensed under it to be made available freely, and possibly even at no cost, is tantamount to price fixing.
[3] In November 2005 the case was dismissed without prejudice,[4] 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 March 20, 2006, by Judge John Daniel Tinder, and Wallace was ordered to pay the FSF's costs.
The Court instead found that 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.