Re: [ossig] CA open-sources Ingres database - News & Technology - CNETAsia

[Kenneth Wong <ken@xxxxxxxxx>]

Dinesh,

We're arguing about two different things. Note below:

On Wednesday 26 May 2004 22:57, Dinesh Nair wrote:
> On Wed, 26 May 2004, Kenneth Wong wrote:
> > If it's GPL mysql, then it's got everything to do with linking to
> > mysql libraries cause the "share-alike" portion of the GPL kicks
> > in.
>
> not really. mysql is dual-licensed, so you may use the database/link

"If it's **GPL** mysql .... ". I'm talking about using the version that 
has already been released under the GPL. MySQL the corporation cannot 
take back the GPL version once released. I am aware that there is a 
commercial version and that one allows you to do what you want. I'm 
only talking about the GPL version here.

> > However, if you are not using MySQL in a way that invokes the GPL
> > (read GPL for specifics), then you can still use your non-OSS app
> > with the GPL version of mysql.
>
> it's not use of mysql. it's the license you release your
> mysql-enabled app under. that defines if you can use mysql under the
> gpl or commercial license. the key point here is the license they
> decide to grant you is their perogative. see below snippet from their
> licensing page:

Once again, I'm talking about the GPL mysql. Once released under the 
GPL, that version of mysql is governed by the GPL rules and ONLY the 
GPL rules, since GPL is very intolerant of other rules. 

If we're talking about the GPL mysql, then we are bound only by the 
terms and conditions of GPL, no more. MySQL corporation cannot dictate 
any other conditions. Therefore, if your app is commercial but follows 
conditions such that the GPL does not force GPL'ing your app, you can 
keep it proprietary.

> <quote>
> If you distribute a proprietary application in any way, and you are
> not licensing and distributing your source code under GPL, you need
> to purchase a commercial license of MySQL
> </quote>

GPL has no such requirement. Sorry, but you released your version of 
mysql into the wild as the GPL. It's now only bound by the GPL.

> yes. their mysql GPL version is 100% GPL. however they do not force
> _your_ software to be GPL to use their GPL versions. your software
> can be any one of the OSI approved licenses.

If mysql is GPL and they closely link with GPL libraries, then your 
entire code is GPL. This is not their requirement, it's the GPL's 
requirement. They can (and have) granted exceptions for FOSS software, 
but very limited exceptions. The PHP argument is that they granted an 
exception for PHP, but not for software that is linked to PHP. It's a 
murky area.

> the key point here is mysql has two licensing regimes:
>
> 1. a GPL license
> 2. a commercial license
>
> if your app is released under an OSI approved license (GPL, APL, BSD
> et al), then they'll grant you license #1 to use/distribute mysql
> if your app is not under an OSI license then they'll grant you
> license #2.

Sorry, but if I follow the rules of the GPL, then I can use #1 WITHOUT a 
separate license from MySQL. Their own darned fault for releasing under 
the GPL. The GPL allows redistribution and each recipient receives it 
under the GPL. Even if MySQL refuses to give it to me under the GPL 
because they know I am creating a proprietary product, I can get it 
from someone else. e.g. Red Hat has a GPL version of mysql the software 
(from MySQL corporation) and I get it from them. The only license on 
the version I get from Red Hat is the GPL. GPL will not tolerate any 
other restriction imposed by distributor.

Despite all this, I do believe that it's probably best to license from 
MySQL where possible. However, I'm arguing that MySQL corporation's 
interpretation of the GPL is flawed, largely by their profit goals. 
This raises the wierd situation where the next test of the GPL license 
may be a FOSS company against another (MySQL vs. XYZ ISP).

-- 
Kenneth Wong
IOSN Programme Consultant, UNDP-APDIP, Malaysia
DID: +603 2091 5169 Fax: +603 2093 9740
International Open Source Network: http://www.iosn.net
UNDP Asia Pacific Development Information Programme: 
http://www.apdip.net


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