Well, what a mess.  It is regretable that this legal issue
needs to be aired so publically that was certainly not my
preference.  I also will not get into a flame war, it is
not in the best interest of mysql. I appreciate all the
email I've received with advice and/or support - thanks.

It is important that everyone realize that there is a legal
agreement that both Monty and David personally signed that
provides NuSphere broad rights around the use of the MySQL
name.  That agreement also allows NuSphere to release MySQL
under the GPL license forever and print and distribute the
manual.  We paid significant money to Monty and David in
exchange for that agreement which was central to forming
NuSphere.  This is public record.

Please consider these facts when you try to understand
NuSphere's rights and motivations - we actually worked hard
to get the details in writing before we even started the
company and we paid real money.  It is under this agreement
that we believe we have a clear right to use mysql.org.

Now it appears there is a need by MySQL AB to characterize
that agreement as no longer in effect - I hope you can respect
the fact that NuSphere believes it is fully in effect and we
wish to continue to abide by it.  This is the central issue
and public debate will not resolve it.

As far as mysql.org goes, what NuSphere would like to see is a
non-profit organization running that site - we have been consistent
in this desire for over a year, but it has been opposed by Monty
and David.  I discussed this with Monty as recently as a few weeks
ago in June and July and as always he was not interested - I
appreciate he is entitled to that opinion as I am entitled to
believe that it is time to take this step in the MySQL community.
I invite all those who are skeptical to join mysql.org and be part
of its formation.

[BTW, the first community action was to get rid of the registration
requirement at the site - it is no longer required for downloading
files rather it is a membership registration only now.]

As far as NuSphere's contribution to MySQL, it is disappointing to
see our efforts discounted so quickly.  At a minimum there are
specific bug fixes, features, and language statements focused
around transaction support in the server that are in MySQL due
to NuSphere's efforts in cooperation with Monty.  The Gemini table
handler itself is already part of MySQL and is licensed under the
GPL - go find ha_gemini.cc and you will see it we checked it in long
ago in V4 and again in 3.23 when V4 was late.  The Gemini component itself
will be released via mysql.org as GPL as previously
announced - note that Gemini itself is not a derivative of MySQL in
any way - it's roots date back to long before MySQL existed.

Finally independent of the rest of this.  I have the highest respect
for Monty and what he has done creating MySQL.  I'm certain we can
move beyond this and make MySQL an even stronger open source project
and I encourage everyone move to a constructive dialog.

Britt
--

D. Britton Johnston       603-578-6707 Nashua
Chief Technology Officer  781-280-4954 Bedford
NuSphere Corporation      781-280-4600 Main
14 Oak Park               781-280-4646 Fax
Bedford, MA 01730         www.nusphere.com


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