No. 06-2454 DANIEL WALLACE, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION; RED HAT, INC.; and NOVELL, INC., Defendants-Appellees. ____________ Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:05-cv-678 RLY-VSS—Richard L. Young, Judge. ____________ SUBMITTED OCTOBER 26, 2006—DECIDED NOVEMBER 9, 2006 ____________

Before EASTERBROOK, KANNE, and EVANS, Circuit Judges. EASTERBROOK, Circuit Judge. Does the provision of copyrighted software under the GNU General Public License (“GPL”) violate the federal antitrust laws? Authors who distribute their works under this license, devised by the Free Software Foundation, Inc., authorize not only copying but also the creation of derivative works—and the license prohibits charging for the derivative work. People may make and distribute derivative works if and only if they come under the same license terms as the original work. Thus the GPL propagates from user t