MySQL vs. MySQL

Posted 13 Jul 2001 at 11:40 UTC by xcyber Share This

While Mysql.com is demanding the shutdown of mysql.org,it seems that mysql.com is just defending their trademark.But a letter from Michael Widenius,MySQL developer,revealed that it is not just a matter of domain "hijacking".

From the story of LinuxToday,it is clear that Nusphere is going to fork MySQL.The original developer of Mysql ,MySQL AB,is afraid of losing their income due to the fork,as they think users will switch to NuSphere forked version.As a result,MySQL AB is afraid of losing income .

In the letter,there are many signatures from mysql developers.Some of them hack mysql full time for over six years.In last year,MySQL AB agree to GPL mysql and continue to provide support and training to generate income.Now,some random guys come up and fork mysql.As MySQL is released under GPL,there is technically no problem for others to do so.

This is not the unique example of forking in the fs community.PHP-website is forked from PHP-nuke,PHP-nuke is forked from thatware.By the way,will debian developers complain about corel,libranet,stormix or progeny as they "forked" debian?Will Redhat complain about mandrake forking redhat?I see there is no reason for the authors of them complaining about others come up and fork their code.As long as they give credits and obey strictly to the GPL.

What Mysql AB is afraid of is that they anticipate the forked NuSphere version of MySQL is technically superior than the original version,so they may lose income.If MySQL is so afraid of losing income due to the fact that they lose money because of GPL,they should release MySQL under Sun-style license.But if they decided to release Mysql under GPL,there is no reason for them to complain about it.

What MySQL AB should do is either close the source of MySQL or continue to do better in their job.As long as NuSphere releases their forked msyql under GPL.No matter they offer it for free download of not,there is no reason for us to destroy them.

( I am neither a MySQL AB nor Nusphere employee or in any forms receiving benefits from them.)


Breaking the GPL!, posted 13 Jul 2001 at 14:08 UTC by kagedal » (Apprentice)

What MySQL AB should do is either close the source of MySQL or continue to do better in their job. As long as NuSphere releases their forked msyql under GPL. No matter they offer it for free download of not, there is no reason for us to destroy them.

You misunderstood the article (and seem to have misunderstood the GPL). The thing is that NuSphere, apparently, are violating the GPL by not distributing source of their changes! This, of course, is serious -- far more serious IMHO than the mysql.org issue. From the mail:

I want to stress that to date, NuSphere has contributed nothing, no money or source, to the development of the MySQL(tm) server. What they have done instead is doing a fork of the MySQL distribution and making a non-open source distribution that clearly violates the GPL license.

Simon.

NuSphere: MySQL.org needed because MySQL AB won't accept code, posted 13 Jul 2001 at 19:07 UTC by xcyber » (Journeyer)

Below is a link to Newsforge::

NuSphere: MySQL.org needed because MySQL AB won't accept code

kagedal::Please refer to the above link.The aricle mentions that,

"NuSphere is selling a product called NuSphere MySQL Advantage without providing the Gemini part of it as Open Source, although the product is based on the MySQL server under GPL," Mickos says. "We see this as an obvious breach of the GPL. For a number of reasons, we have terminated our interim agreement with them and asked them to stop using our trademark 'MySQL.' "

But officials at NuSphere, makers of several MySQL-based commercial products, say they own the trademarks to NuSphere MySQL and Enhanced MySQL, and they say they plan to GPL Gemini when the MySQL.org site officially launches July 16. The 2.0 version of MySQL Advantage was released April 30.

I am in no way to decide whether Nusphere is telling lie or not,so stay tuned.Actually,you are right that they violated the GPL as they didn't offer any source code along with binaries when they were distributing the MySQL Advantage ,starting from April 30.

Also,from the above Newsforge article,it is apparent that MySQL AB is telling lies.

From linuxtoday,

I want to stress that to date, NuSphere has contributed nothing, no money or source, to the development of the MySQL(tm) server. What they have done instead is doing a fork of the MySQL distribution and making a non-open source distribution that clearly violates the GPL license.
From NewsForge,
"Monty has never accepted code contributions from other people," Mickos adds. "If he has gotten something [from someone else], they have been donations to him, and he rewrites them, but that's minor. There never has been a situation where anybody could freely contribute code."

No matter it is an excuse for NS to fork Mysql or not, i hope NS will release the source code and comply with GPL .If their promise is held,then the next problem to solve is the trademark case between mysql.com and mysql.org.

As a side note,i am thinking of the situation of Zend optimizer and Zend cache,do you think that zend violate GPL?

??, posted 13 Jul 2001 at 21:53 UTC by rasmus » (Master)

You clearly don't really bother reading stuff before writing anything. How in the world would anything from Zend violate the GPL when PHP is not GPL'ed?

The GPL rules, posted 17 Jul 2001 at 16:33 UTC by jbuck » (Master)

xcyber, the GPL does not give NuSphere the option of deciding sometime later to release source. If they distribute a binary that has any GPL code in it, they must either include source at the same time (e.g. on the same ftp or web site) -- the exact source that will build that binary -- or they must include a written offer, good for three years, to provide the source to anyone they provided the binary to (and if they put it up on a web site, that means anyone). Since they did neither, they are already in violation. Only the copyright holder has grounds to sue about this violation.

Normally these cases are settled in one of two ways: a source release or the withdrawal of the product. If the case winds up in court, then NuSphere faces the risk that paragraph 4 will be enforced against NuSphere:

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License.

That is, NuSphere could lose all rights to copy, modify, or distribute MySQL or any derivative work, and therefore be out of the MySQL business, even if no damage award is imposed.

Now, lots of folks fantasize that some court will hold the GPL to be invalid in such a way as to make all GPL code public domain. But I doubt it, and NuSphere probably shouldn't bet their company on it. Settling with the MySQL AB folks in a hurry would be a good move.

NuSphear source, posted 17 Jul 2001 at 22:36 UTC by jmg » (Master)

Well, it looks like they have posted the code, so it is all a mute point, but, the GPL does not specify a time frame that the source must be made available. They made an offer that the soure is available, and that offer was good, so I don't see the whole problem? There is no langage which says that the source must be immediately available for d/l. Hell, they could distribute it through wierd channels where you have to send it a form, get it stamped 20 times which takes five months, before it's finally shipped via USP third class mail that takes another month to the destination. They made the source available, the license doesn't say it has to be EASILY available.

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