To:
European Commission
DG Competition
B-1049 Brussels
Belgium

According to reports in specialist online media, the so-called "FairSearch" coalition - comprised of Microsoft, Nokia, Oracle, and a number of online service providers - argues, in its latest submission to the European Commission, that the free-of-charge distribution of Android, a Free Software[1] mobile operating system developed by Google, constitutes predatory pricing. Suggesting that the distribution of Free Software free of charge is harmful to competition is both wrong in substance, and dangerous to competition and innovation.

We urge the Commission to consider the facts properly before accepting FairSearch's allegations at face value. We are writing to you today to explain how the distribution of Free Software, whether gratis or for a fee, promotes competition, rather than damaging it.

Free Software Foundation Europe (FSFE) is an independent, charitable non-profit organisation dedicated to the promotion of Free Software. FSFE maintains that the freedoms to use, study, share and improve software are critical to ensure equal participation in the information age. We work to create general understanding and support for software freedom in politics, law and society-at-large. We also promote the development of technologies, such as the GNU/Linux operating system, that deliver these freedoms to all participants in digital society. In pursuit of these goals, we have a long history of active involvement in competition proceedings that affect Free Software.