On Thu, Dec 05, 2002 at 03:14:14AM +0100, David Axmark wrote:
> > Maybe MySQL.com is concern about own profit so does other
> > commercial vendors. They all use public-domain code in some
> > degree.

I know this thread has been trollish at times, and many have
probably kill-filed it, but I'd like to take this moment to scream:
"GPL'd code is NOT public domain!"

Thank-you for your attention :)

> > I do encourge everyone same as GPL to sell your own products
> > without concerning about license violation. Just put the copy of
> > GPL license, as well as source and binary combo. in the
> > corresponding package.

You may NOT distribute the package unless you're careful about
legalities; that's a Copyright issue.  I would recommend, GPL or
no GPL, that you abide by MySQL AB's wishes as well, as they don't
want to get tied up in court proving that you've violated their
rights (as with a certain GEMINI product).

> > be a necesssary portion when you distribute your own products
> > and provide the URL where they can download the source.) And
> > you can have your own license in your products.
> 
> You are wrong. I have talked with the people who wrote the GPL many
> times and if you did the above they (or us if it where MySQL you
> mistreated) will send you some legal letters.

I think, however, that you're misinterpreting each other a little.
Reading the section on distribution, and considering how RedHat et. al.
deal with this, I'd say you're free to distribute the packages as long
as they're _exactly_ as you got them from MySQL AB and you do not in
any way _link_ against those packages (hmm, libmysql goes out the door
there).  If you manage to connect to MySQL without using any MySQL AB
code, then the GPL doesn't apply to your product (IMHO, IANAL).

However, using the libmysql library and/or libmysql headers may (and should)
mean "use" under the definition of the GPL's "using" clauses.

> You must provide the source for the combined work when you distribute
> under the GPL. But you can sell the MySQL code for money under the GPL

You must distribute the combined product under the GPL or something with
equal limitations (read the GPL again).  If you want to do something else,
find a copy of libmysql under the LGPL and you get a few extra rights ...

> without our approval. But you may not use our trademark. And you can
> not stop the customer giving it all away for free (since you had to
> give him/her source code).

In fact, the customer would be able to assume that the entire package was
under the GPL, since that's the only possible legal way they could have
received what you produced (but it probably wouldn't stand in court).

I'd recommend that if you develop commercial software with MySQL you call
up MySQL AB's license people and talk about it.

> I have been in court once discussing this issue and I would like to
> stay out of those kind of issues for the rest of my life.

Being in court at all sucks.

> > You have all the rights for your own products same as the GPL
> > packages do for their own.

As long as you don't "use" MySQL in any way, yes.  If you do use it,
violating Copyright law, then you are voluntarily choosing to be bound
by the GPL (or breaking the law) which requires your code to also be
as 'free' as MySQL's is.

www.fsf.org is a good place to look, btw :)

PS, I'd appreciate any criticism of my views from the MySQL or FSF types
in the crowd.
-- 
Michael T. Babcock
CTO, FibreSpeed Ltd.     (Hosting, Security, Consultation, Database, etc)
http://www.fibrespeed.net/~mbabcock/

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