MySQL AB has reached a settlement with NuSphere Corporation

2002-11-07 Thread Michael Widenius

Hi!

MySQL AB is pleased to announce that it has settled its lawsuit with 
Progress Software Corporation and NuSphere Corporation.  For more 
information, see the joint press release at

http://www.mysql.com/press/release_2002_14.html

Regards,
Monty

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  /  |/  /_ __/ __/ __ \/ /Mr. Michael Widenius [EMAIL PROTECTED]
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   ___/   www.mysql.com

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Re: MySQL AB has reached a settlement with NuSphere Corporation

2002-11-07 Thread Christopher Hicks
On Thu, 7 Nov 2002, Michael Widenius wrote:
 MySQL AB is pleased to announce that it has settled its lawsuit with 
 Progress Software Corporation and NuSphere Corporation.  For more 
 information, see the joint press release at
 
 http://www.mysql.com/press/release_2002_14.html

The press release sounds like typical PR puffery.  Is any meat going to 
come out beyond it's settled?

-- 
/chris

Programming is a Dark Art, and it will always be. The programmer is
fighting against the two most destructive forces in the universe:
entropy and human stupidity. They're not things you can always
overcome with a methodology or on a schedule.
-Damian Conway, Perl God


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Re: MySQL AB has reached a settlement with NuSphere Corporation

2002-11-07 Thread Leonardo Javier Belén
Can someone post the piece of News, for the folks that cant get into the
page (I dont have access to web from where I am now...) Thanks, Leo.
- Original Message -
From: Christopher Hicks [EMAIL PROTECTED]
To: Michael Widenius [EMAIL PROTECTED]
Cc: Mysql List [EMAIL PROTECTED]
Sent: Thursday, November 07, 2002 3:46 PM
Subject: Re: MySQL AB has reached a settlement with NuSphere Corporation


 On Thu, 7 Nov 2002, Michael Widenius wrote:
  MySQL AB is pleased to announce that it has settled its lawsuit with
  Progress Software Corporation and NuSphere Corporation.  For more
  information, see the joint press release at
 
  http://www.mysql.com/press/release_2002_14.html

 The press release sounds like typical PR puffery.  Is any meat going to
 come out beyond it's settled?

 --
 /chris

 Programming is a Dark Art, and it will always be. The programmer is
 fighting against the two most destructive forces in the universe:
 entropy and human stupidity. They're not things you can always
 overcome with a methodology or on a schedule.
 -Damian Conway, Perl God


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RE: MySQL AB has reached a settlement with NuSphere Corporation

2002-11-07 Thread John Griffin
MySQL AB and Nusphere Corporation Announce Settlement07 Nov 2002

UPPSALA, Sweden and BEDFORD, Massachusetts, (November 7, 2002) - MySQL AB, developer 
of the world's most popular open source database, and NuSphere Corporation, an 
independent operating company of Progress Software Corporation, today announced a 
settlement of the dispute between the two companies regarding use of the MySQL 
trademarks, copyrights, and compliance with the GNU General Public License (GPL). The 
settlement resolves all outstanding issues between the two companies including 
ownership and use of trademarks and domain names and assignment to MySQL AB of 
copyrights for all NuSphere contributions to the MySQL program, and MySQL AB has 
issued a letter to NuSphere Corporation verifying GPL compliance.

We are happy to resolve this dispute, said Olivier Beutels, Sales Executive, 
Northern Europe, MySQL AB. These past months of discussion with NuSphere regarding 
trademark rights and GPL issues have confirmed for us all that open source software 
can flourish free under the GPL license and commercially when the situation merits it.

We are pleased to reach this amicable settlement and resolve the issues between the 
two companies, said Dmitri Dmitrienko, General Manager Europe, NuSphere Corporation. 
We look forward to getting back to the normal run of business and plan to continue 
shipping the MySQL database in the NuSphere Technology Platform, and remain focused on 
our flagship product.

About MySQL AB

MySQL AB develops, markets and supports the MySQL database server, the world's most 
popular open source database. With over 4 million installations and 27,000 downloads 
per day, MySQL is the de facto open source database leader and is quickly becoming the 
core of many high-volume, business-critical applications. The MySQL database is 
available under the free software/open source GNU General Public License (GPL) or a 
non-GPL commercial license. For more information about MySQL, please go to 
www.mysql.com.

MySQL is a registered trademark of MySQL AB in Sweden and other countries. MySQL is a 
trademark in the United States and other countries.

About NuSphere Corporation

NuSphere delivers the first Internet Application Platform (IAP) based on open source 
components, providing an integrated foundation that allows companies to deploy 
reliable, cost-effective, enterprise-class applications across Windows, UNIX and Linux 
environments. NuSphere® PHPEd(tm) Advantage is an integrated software suite that pairs 
the reliability and cost-effectiveness of PHP, Apache, Perl and open source databases 
with PHPEd, the leading PHP development environment for building business-critical web 
applications and web services. Based in Bedford, Mass., the company's commercial 
software services include technical support, consulting and training. For more 
information, visit www.nusphere.com or call +1-781-280-4600.

NuSphere is a registered trademark of NuSphere Corporation in the United States and 
other countries. PHPEd is a trademark of NuSphere Corporation in the United States and 
other countries. Other marks mentioned in this press release are the trademarks of 
their respective owners. 

-Original Message-
From: Leonardo Javier Belén [mailto:lbelen;afip.gov.ar]
Sent: Thursday, November 07, 2002 2:05 PM
To: [EMAIL PROTECTED]
Subject: Re: MySQL AB has reached a settlement with NuSphere Corporation


Can someone post the piece of News, for the folks that cant get into the
page (I dont have access to web from where I am now...) Thanks, Leo.
- Original Message -
From: Christopher Hicks [EMAIL PROTECTED]
To: Michael Widenius [EMAIL PROTECTED]
Cc: Mysql List [EMAIL PROTECTED]
Sent: Thursday, November 07, 2002 3:46 PM
Subject: Re: MySQL AB has reached a settlement with NuSphere Corporation


 On Thu, 7 Nov 2002, Michael Widenius wrote:
  MySQL AB is pleased to announce that it has settled its lawsuit with
  Progress Software Corporation and NuSphere Corporation.  For more
  information, see the joint press release at
 
  http://www.mysql.com/press/release_2002_14.html

 The press release sounds like typical PR puffery.  Is any meat going to
 come out beyond it's settled?

 --
 /chris

 Programming is a Dark Art, and it will always be. The programmer is
 fighting against the two most destructive forces in the universe:
 entropy and human stupidity. They're not things you can always
 overcome with a methodology or on a schedule.
 -Damian Conway, Perl God


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Re: MySQL AB has reached a settlement with NuSphere Corporation

2002-11-07 Thread Daniel Lorch
hi,

 MySQL AB is pleased to announce that it has settled its lawsuit with 
 Progress Software Corporation and NuSphere Corporation.  For more 
 information, see the joint press release at
 
 http://www.mysql.com/press/release_2002_14.html

Here's some background-info on the lawsuit:

  http://www.mysql.com/news/article-75.html
  http://slashdot.org/article.pl?sid=02/11/07/1942254mode=nestedtid=123

-daniel

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Re: Help Migrating from NuSphere

2002-10-18 Thread Lenz Grimmer
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

On Wednesday 16 October 2002 20:50, Mark Graves wrote:

 Previously I had been a NuSphere subscriber for MySQL (and PHP and Apache).
 As you probably know, NuSphere no longer produces or supports the MySQL
 product. How do I migrate out of the NuSphere?
 
 I currently have:
 
 RH Linux 7.2 (kernel 2.4.9-34)
 MySQL 3.23.44-100.nusphere
 Location: /usr/local/nusphere/mysql/bin
 
 I would like to move everything over to the current version of MySQL 
 directly from MySQL without loosing all my databases and/or creating 
 other problems.  What the best (easiest) way to do this?

The easiest way I can think of is to dump the tables into a separate file
(using mysqldump), remove the Nushpere MySQL installation and install 
one of the MySQL packages. Afterwards you can simply pipe the dumped files
into the new database.

Bye,
LenZ
- -- 
For technical support contracts, visit https://order.mysql.com/?ref=mlgr
   __  ___ ___   __
  /  |/  /_ __/ __/ __ \/ /Mr. Lenz Grimmer [EMAIL PROTECTED]
 / /|_/ / // /\ \/ /_/ / /__   MySQL AB, Production Engineer
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   ___/   www.mysql.com
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Help Migrating from NuSphere

2002-10-16 Thread Mark Graves

Previously I had been a NuSphere subscriber for MySQL (and PHP and Apache).  As you 
probably know, NuSphere no longer produces or supports the MySQL product.  How do I 
migrate out of the NuSphere?

I currently have:

RH Linux 7.2 (kernel 2.4.9-34)
MySQL 3.23.44-100.nusphere
Location: /usr/local/nusphere/mysql/bin

I would like to move everything over to the current version of MySQL directly from 
MySQL without loosing all my databases and/or creating other problems.  What the best 
(easiest) way to do this?

Thanks in advance,
mg


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Re: NuSphere v. MySQL 4

2002-03-02 Thread Michael Widenius


Hi!

 martinG == martin tunggorono [EMAIL PROTECTED] writes:

martinG Thanks for the article it is definitely helpful and narrow down my choice.
martinG Anything against the 4.0 MAX here?

MySQL 4.0.1 max should be quite safe to use

Note that as InnodB is already included in the standard MySQL 4.0.1
version, I would suggest that you use this instead...

Regards,
Monty

-- 
For technical support contracts, goto https://order.mysql.com/
   __  ___ ___   __
  /  |/  /_ __/ __/ __ \/ /Mr. Michael Widenius [EMAIL PROTECTED]
 / /|_/ / // /\ \/ /_/ / /__   MySQL AB, CTO
/_/  /_/\_, /___/\___\_\___/   Helsinki, Finland
   ___/   www.mysql.com

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MySQL AB vs NuSphere Court Case Decision (ongoing)

2002-02-28 Thread BD

In case anyone is interested, here is the link for the on going saga of 
MySQL AB vs NuSphere court case, soon to be made in a TV mini-series (just 
joking).

http://newsforge.com/

Brent 

_
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Get your free @yahoo.com address at http://mail.yahoo.com


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RE: NuSphere v. MySQL 4

2002-02-27 Thread Britt Johnston

Please be careful of reading only half of the story, unfortunately the
article in question only talks about  

 -Original Message-
 From: Tyler Longren [mailto:[EMAIL PROTECTED]]
 Sent: Tuesday, February 26, 2002 3:25 PM
 To: [EMAIL PROTECTED]; [EMAIL PROTECTED]
 Subject: Re: NuSphere v. MySQL 4
 
 
 I suggest you use MySQL from MySQL AB.  Progress Software (parent of
 NuSphere), is having some legal troubles.
 
 http://www.newsforge.com/article.pl?sid=02/02/26/1825200
 
 Tyler
 
 - Original Message -
 From: [EMAIL PROTECTED]
 To: [EMAIL PROTECTED]
 Sent: Tuesday, February 26, 2002 1:01 PM
 Subject: NuSphere v. MySQL 4
 
 
  Hello,
 
  I'm not sure if this list is appropriate for this issue but 
 I'll go ahead
  ask for your input anyway. We're trying to decide to choose DBMS as a
  backend of our web portal. The portal will take online orders and other
  requests from end users and this is going to be available 
 enterprise wide
  (WAN) for approx. 19,000 employees. As Oracle license cost is 
 getting too
  high for this purpose, I'm thinking of using MySQL instead. 
 However, I saw
  two different versions here (NuSphere vs. MySQL AB) and cannot decide
 which
  one is better to use.
 
  Now, my questions are:
 
  1. What would be your recommendation for me to use, what are the
 advantages
  / disadvantages of using NuSphere's (or MySQL AB's) products other than
 the
  different pricing here?
 
  2. Is it true that Gemini type table from NuSphere is much better than
  other types (e.g. InnoDB). How about the installation and config
  themselves, any issues I should know about from each product? 
 We're going
  to install it on a W2000 server on the same box as the web portal.
 
  3. Is it safe enough to use MySQL v.4.0.1 instead of 3.23.49. How about
 the
  MAX 4.0.1., is this better? Although reliability is important this
  application is not mission critical.
 
  Sorry for the many questions, but I'm really new to MySQL and I want to
  feel comfortable with it before I decide to use this. I'd greatly
  appreciate any input from all of you.
 
 
  Thanks,
  Martin
 
 
 
 
 
 
  **Disclaimer**
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 privileged.
  If  you  are  not  the  intended recipient and have received this in
 error,
  kindly  destroy  this  message  and  notify the sender.  Thank you for
 your
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RE: NuSphere v. MySQL 4

2002-02-27 Thread Britt Johnston

Please be careful of reading only half of the story, unfortunately
the article in question only talks about half of the issues.  See
http://www.nusphere.com/releases/index.htm for more information and related
documents.

Britt...

  -Original Message-
  From: Tyler Longren [mailto:[EMAIL PROTECTED]]
  Sent: Tuesday, February 26, 2002 3:25 PM
  To: [EMAIL PROTECTED]; [EMAIL PROTECTED]
  Subject: Re: NuSphere v. MySQL 4
 
 
  I suggest you use MySQL from MySQL AB.  Progress Software (parent of
  NuSphere), is having some legal troubles.
 
  http://www.newsforge.com/article.pl?sid=02/02/26/1825200
 
  Tyler
 
  - Original Message -
  From: [EMAIL PROTECTED]
  To: [EMAIL PROTECTED]
  Sent: Tuesday, February 26, 2002 1:01 PM
  Subject: NuSphere v. MySQL 4
 
 
   Hello,
  
   I'm not sure if this list is appropriate for this issue but
  I'll go ahead
   ask for your input anyway. We're trying to decide to choose DBMS as a
   backend of our web portal. The portal will take online orders
 and other
   requests from end users and this is going to be available
  enterprise wide
   (WAN) for approx. 19,000 employees. As Oracle license cost is
  getting too
   high for this purpose, I'm thinking of using MySQL instead.
  However, I saw
   two different versions here (NuSphere vs. MySQL AB) and cannot decide
  which
   one is better to use.
  
   Now, my questions are:
  
   1. What would be your recommendation for me to use, what are the
  advantages
   / disadvantages of using NuSphere's (or MySQL AB's) products
 other than
  the
   different pricing here?
  
   2. Is it true that Gemini type table from NuSphere is much better than
   other types (e.g. InnoDB). How about the installation and config
   themselves, any issues I should know about from each product?
  We're going
   to install it on a W2000 server on the same box as the web portal.
  
   3. Is it safe enough to use MySQL v.4.0.1 instead of 3.23.49.
 How about
  the
   MAX 4.0.1., is this better? Although reliability is important this
   application is not mission critical.
  
   Sorry for the many questions, but I'm really new to MySQL and
 I want to
   feel comfortable with it before I decide to use this. I'd greatly
   appreciate any input from all of you.
  
  
   Thanks,
   Martin
  
  
  
  
  
  
   **Disclaimer**
   This  Memo and any attachments, may be confidential and legally
  privileged.
   If  you  are  not  the  intended recipient and have received this in
  error,
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  your
   assistance.
  
  
   -
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NuSphere v. MySQL 4

2002-02-26 Thread martin . tunggorono

Hello,

I'm not sure if this list is appropriate for this issue but I'll go ahead
ask for your input anyway. We're trying to decide to choose DBMS as a
backend of our web portal. The portal will take online orders and other
requests from end users and this is going to be available enterprise wide
(WAN) for approx. 19,000 employees. As Oracle license cost is getting too
high for this purpose, I'm thinking of using MySQL instead. However, I saw
two different versions here (NuSphere vs. MySQL AB) and cannot decide which
one is better to use.

Now, my questions are:

1. What would be your recommendation for me to use, what are the advantages
/ disadvantages of using NuSphere's (or MySQL AB's) products other than the
different pricing here?

2. Is it true that Gemini type table from NuSphere is much better than
other types (e.g. InnoDB). How about the installation and config
themselves, any issues I should know about from each product? We're going
to install it on a W2000 server on the same box as the web portal.

3. Is it safe enough to use MySQL v.4.0.1 instead of 3.23.49. How about the
MAX 4.0.1., is this better? Although reliability is important this
application is not mission critical.

Sorry for the many questions, but I'm really new to MySQL and I want to
feel comfortable with it before I decide to use this. I'd greatly
appreciate any input from all of you.


Thanks,
Martin






**Disclaimer**
This  Memo and any attachments, may be confidential and legally privileged.
If  you  are  not  the  intended recipient and have received this in error,
kindly  destroy  this  message  and  notify the sender.  Thank you for your
assistance.


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Re: NuSphere v. MySQL 4

2002-02-26 Thread Tyler Longren

I suggest you use MySQL from MySQL AB.  Progress Software (parent of
NuSphere), is having some legal troubles.

http://www.newsforge.com/article.pl?sid=02/02/26/1825200

Tyler

- Original Message -
From: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Tuesday, February 26, 2002 1:01 PM
Subject: NuSphere v. MySQL 4


 Hello,

 I'm not sure if this list is appropriate for this issue but I'll go ahead
 ask for your input anyway. We're trying to decide to choose DBMS as a
 backend of our web portal. The portal will take online orders and other
 requests from end users and this is going to be available enterprise wide
 (WAN) for approx. 19,000 employees. As Oracle license cost is getting too
 high for this purpose, I'm thinking of using MySQL instead. However, I saw
 two different versions here (NuSphere vs. MySQL AB) and cannot decide
which
 one is better to use.

 Now, my questions are:

 1. What would be your recommendation for me to use, what are the
advantages
 / disadvantages of using NuSphere's (or MySQL AB's) products other than
the
 different pricing here?

 2. Is it true that Gemini type table from NuSphere is much better than
 other types (e.g. InnoDB). How about the installation and config
 themselves, any issues I should know about from each product? We're going
 to install it on a W2000 server on the same box as the web portal.

 3. Is it safe enough to use MySQL v.4.0.1 instead of 3.23.49. How about
the
 MAX 4.0.1., is this better? Although reliability is important this
 application is not mission critical.

 Sorry for the many questions, but I'm really new to MySQL and I want to
 feel comfortable with it before I decide to use this. I'd greatly
 appreciate any input from all of you.


 Thanks,
 Martin






 **Disclaimer**
 This  Memo and any attachments, may be confidential and legally
privileged.
 If  you  are  not  the  intended recipient and have received this in
error,
 kindly  destroy  this  message  and  notify the sender.  Thank you for
your
 assistance.


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Re: NuSphere v. MySQL 4

2002-02-26 Thread martin . tunggorono


Thanks for the article it is definitely helpful and narrow down my choice.
Anything against the 4.0 MAX here?






|-+
| |   Tyler Longren  |
| |   tyler@captainjac|
| |   k.com   |
| ||
| |   02/26/2002 12:24 |
| |   PM   |
| ||
|-+
  
--|
  |
  |
  |   To:   [EMAIL PROTECTED], [EMAIL PROTECTED]  
  |
  |   cc:  
  |
  |   Subject:  Re: NuSphere v. MySQL 4
  |
  
--|




I suggest you use MySQL from MySQL AB.  Progress Software (parent of
NuSphere), is having some legal troubles.

http://www.newsforge.com/article.pl?sid=02/02/26/1825200

Tyler

- Original Message -
From: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Tuesday, February 26, 2002 1:01 PM
Subject: NuSphere v. MySQL 4


 Hello,

 I'm not sure if this list is appropriate for this issue but I'll go ahead
 ask for your input anyway. We're trying to decide to choose DBMS as a
 backend of our web portal. The portal will take online orders and other
 requests from end users and this is going to be available enterprise wide
 (WAN) for approx. 19,000 employees. As Oracle license cost is getting too
 high for this purpose, I'm thinking of using MySQL instead. However, I
saw
 two different versions here (NuSphere vs. MySQL AB) and cannot decide
which
 one is better to use.

 Now, my questions are:

 1. What would be your recommendation for me to use, what are the
advantages
 / disadvantages of using NuSphere's (or MySQL AB's) products other than
the
 different pricing here?

 2. Is it true that Gemini type table from NuSphere is much better than
 other types (e.g. InnoDB). How about the installation and config
 themselves, any issues I should know about from each product? We're going
 to install it on a W2000 server on the same box as the web portal.

 3. Is it safe enough to use MySQL v.4.0.1 instead of 3.23.49. How about
the
 MAX 4.0.1., is this better? Although reliability is important this
 application is not mission critical.

 Sorry for the many questions, but I'm really new to MySQL and I want to
 feel comfortable with it before I decide to use this. I'd greatly
 appreciate any input from all of you.


 Thanks,
 Martin






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Gemini Tables and NuSphere Update

2002-02-21 Thread Scalper

I am a new MySQL user, so forgive my stupidity for asking the following 
question (perhaps taboo).  What is the latest on NuSphere vs MySQL 
AB?  What about Gemini.  I have searched everywhere for info, but can't 
seem to find anything after November of last year.

I have serious needs for transaction processing, but don't know which way 
to turn.  Should I undertake using NuSphere's (supposedly stable) Gemini 
tables.  There seems to be a lack of info on these tables now.  I am trying 
to get a grasp on what happened to this MYSQL AB vs NuSphere deal, but all 
of the posts about it seem to have vanished.

In addition, my first impression of Gemini was not good as I did some 
simulated crash test and corrupted the tables without much 
trouble.  Perhaps it was unrelated.  But it is worth further investigation.

Or should I look at the InnoDB tables (which are still considered beta).

Any opinions?

Craig

sql,query


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Re: Gemini Tables and NuSphere Update

2002-02-21 Thread Jeremy Zawodny

On Thu, Feb 21, 2002 at 10:17:52AM -0600, Scalper wrote:

 I am a new MySQL user, so forgive my stupidity for asking the
 following question (perhaps taboo).  What is the latest on NuSphere
 vs MySQL AB?  What about Gemini.  I have searched everywhere for
 info, but can't seem to find anything after November of last year.

They're in the midst of lawsuits and cannot discuss it.  Thus, you'll
see little if any public comment about it.

 Or should I look at the InnoDB tables (which are still considered beta).
 
 Any opinions?

InnoDB is in pretty heavy use.  Give it a try and see how it works for
you.

Jeremy
-- 
Jeremy D. Zawodny, [EMAIL PROTECTED]
Technical Yahoo - Yahoo Finance
Desk: (408) 349-7878   Fax: (408) 349-5454   Cell: (408) 685-5936

MySQL 3.23.47-max: up 14 days, processed 454,496,815 queries (372/sec. avg)

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Re: Gemini Tables and NuSphere Update

2002-02-21 Thread Heikki Tuuri

Hi!

 Or should I look at the InnoDB tables (which are still considered beta).


InnoDB tables are classified as gamma by Innobase Oy and MySQL AB. The text
on the MySQL-Max download page is lagging behind (says beta), but to balance
it, on the front page MySQL AB classifies MySQL-Max as stable :).

A December quickpoll at the MySQL website showed InnoDB market share at 10
%, BDB 3 %, MyISAM 80 %, ISAM 5 %, of 3000 people who responded.

Mytrix, Inc. is maybe the largest MySQL database site in the world (if
someone has more than 1 TB data, please step forward), and they use InnoDB
tables.

See http://www.innodb.com/userstories.html.

Best regards,

Heikki Tuuri
Innobase Oy
---
InnoDB - transactions, row level locking, and foreign key support for MySQL
See http://www.innodb.com, download MySQL-Max from http://www.mysql.com




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Re: Nusphere is spamming me

2001-11-21 Thread Michael Widenius


Hi!

 Sandeep == Sandeep Murthy [EMAIL PROTECTED] writes:

Sandeep Have been spammed too by NuSphere earlier on.. so junked my earlier mail id
Sandeep and switched to the present one...

Sandeep let all the subscribers carry a vote to hv this spammer banned from this
Sandeep list...

Sandeep sandeep

As you probably know, we don't allow spams to be posted to
[EMAIL PROTECTED] (In some extreme cases we have agreed to forward
spam-like information when we think the information is of general
nature that we think it will benefit a large part of MySQL users, but we
have been very restricted with this).

The problem in this case is that the spams are not posted through the
public MySQL lists, but harvested from email posted to this list and
is thus almost impossible to control.

I have now unsubscribed all @nusphere.com addresses from this list to
make it a bit harder for NuSphere to get email addresses;  Unfortunately
this will not help in the long run because it's so easy to generate
'fake' email addresses for this purpose :(

Thanks for all the support and the interesting links that has been
forward to us regarding this thread!

Regards,
Monty
CTO of MySQL AB

PS: If anyone has some other interesting links or information that
concerns NuSphere's recent behavior, please forward them to:
[EMAIL PROTECTED]
As it is likely that we will soon be in court regarding this, we
are thankful for all information we can get!

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RE: Nusphere is spamming me

2001-11-21 Thread Britt Johnston

Thanks for taking the time to clarify the situation.  It appears that
my response did not however convince the judge or jury on this manner
and I've been bannished from the list.

Rather interesting development.

Britt...

 -Original Message-
 From: Michael A. Peters [mailto:[EMAIL PROTECTED]]
 Sent: Tuesday, November 20, 2001 5:20 PM
 To: Britt Johnston
 Cc: [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]
 Subject: Re: Nusphere is spamming me


 I would like to offer my very deepet apologies.
 This is what happened-

 About a year ago or so (maybe longer) when NuSphere was new I tried their
 product and did not want to use my regular e-mail address to register, so
 I used my username@host e-mail address on my linux box.

 In fact, it was a completely different box than I am using now, but the IP
 address was the same.
 I never used that e-mail address for anything.

 About three weeks ago I installed a clean system and then about a week
 ago, the Sylpheed gtk+ mail client.
 I was completely unaware that Sylpheed also incorporates the local system
 mailbox in its inbox. No one has an e-mail to my username@host address in
 that time. Until Nusphere did.

 Looking at the headers of the mail I got, though, that is the e-mail
 address to which the e-mail from Nusphere was sent.

 They did not steal my new e-mail address.

 This is what the header of the message says:

 Return-Path: [EMAIL PROTECTED]
 Return-Path: [EMAIL PROTECTED]
 Received: from pscgate.progress.com (pscgate.progress.com [192.77.186.1])
 by c36988-a.ptbrg1.sfba.home.com (8.11.6/8.11.6) with ESMTP id
 fAJMwtg28381
 for [EMAIL PROTECTED]; Mon, 19 Nov 2001
 14:58:57 -0800

 That is what happened.
 My deepest apologies to NuSphere and the MySQL list for this mix up.
 I jumped to a conclusion I should not have.


 On Tue, 20 Nov 2001 16:48:24 -0500
 Britt Johnston [EMAIL PROTECTED] mentioned:

  Michael, et al:
 
  I want to assure everyone that there is no attempt to spam anyone on
  this email list, this email list is a valuable community service and
  not to be abused.  Regardless, I'm sorry that anyone even has that
  impression.  If you have any concerns after reading this please
  feel free to contact me directly.
 


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Re: Nusphere is spamming me (Interesting Stuff)

2001-11-20 Thread Andy Woolley

 If you use MySQL I respectfully ask to to avoid NuSphere.
 Do not support spammers.

Here Here !!!

 This really ticks me off, I mean really ticks me off big time.
 Have they no shame?

Wait until you read this.

For a long time now Nusphere has been treading on far too many peoples toes
(who do they think they are) not only are they annoying MySQL users with
their exasperating antics they are also trying to steal MySQL from the very
people that actually wrote the software.

Dont forget,they have registered http://www.mysql.org for some very bizzare
reasons.

You don't have to take my word for it either there is some info about it at

http://searchdatabase.techtarget.com/originalContent/0,289142,sid13_gci75904
5,00.html


Also, http://www.linuxgram.com/156/ states that NuSphere, the MySQL start-up
and offshoot of Progress Software, has hired itself a president.
NuSphere, the MySQL start-up ??? whats that all about.

http://boston.internet.com/people/article/0,1928,2041_593741,00.html
has this to say;
NuSphere was founded in June and is a subsidiary of Progress Software
(NASDAQ:PRGS). Its products include MySQL, an open source Web development
platform. Come on guys who do they think they are trying to fool.


And finaly, the distributor of MySQL  is complaining about the antics of
Microsoft, oh dear.
http://www.zdnet.com/zdnn/stories/news/0,4586,2781638,00.html?chkpt=zdnnp1tp
02
Microsoft can't beat us technically, so they've decided to strangle us in
legal paperwork, said Lorne Cooper, president of NuSphere, distributor of
the MySQL open source database system.

So, what do you think we should do about all this.

Regards
Andy Woolley.


- Original Message -
From: Michael A. Peters [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Monday, November 19, 2001 11:55 PM
Subject: Nusphere is spamming me


 This e-mail address is brand new.

 I used it to subscribe to the MySQL list.
 I sent one e-mail to the MySQL list.
 I used it to send two e-mails to my web hosting provider.
 I used it to send one e-mail to [EMAIL PROTECTED]

 That's it! No others yet.

 I know my web hosting provider did not sell my e-mail address to nusphere.
 I know that php.net did not.

 They got my brand spanking new e-mail address of of the one post I made to
 this list.
 I'm sure that is a violation, it is with most mail lists.

 If you use MySQL I respectfully ask to to avoid NuSphere.
 Do not support spammers.

 This really ticks me off, I mean really ticks me off big time.
 Have they no shame?

 If someone at mysql.com would like the e-mail they spammed me with for
 further investigation, I would be happy to provide it.

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Re: Nusphere is spamming me (Interesting Stuff)

2001-11-20 Thread behrens

Andy Woolley wrote:



 For a long time now Nusphere has been treading on far too many peoples toes
 (who do they think they are) not only are they annoying MySQL users with
 their exasperating antics they are also trying to steal MySQL from the very
 people that actually wrote the software.

 Dont forget,they have registered http://www.mysql.org for some very bizzare
 reasons.


yeah, i unsubscribed from that list, after that jillwotshername? given in the 
temptation

of publishing a rant of her colleague(?!?!?!)
a rant that is easily verified as  bogus and false,im terms of chronology and matter.
i believe someone from Mysql.com has posted a quite objective reply.
After that i did investigate what fact's are available (wonder of the internet:) )
and i have to say, i find the Nusphere people  and their apparent businessmotives a wee
bit of suspicious.
--By the way, i can't remember ever to subscribe to their list, but got flood by mails
after visiting www.mysql.org









 You don't have to take my word for it either there is some info about it at

 http://searchdatabase.techtarget.com/originalContent/0,289142,sid13_gci75904
 5,00.html

 Also, http://www.linuxgram.com/156/ states that NuSphere, the MySQL start-up
 and offshoot of Progress Software, has hired itself a president.
 NuSphere, the MySQL start-up ??? whats that all about.

 http://boston.internet.com/people/article/0,1928,2041_593741,00.html
 has this to say;
 NuSphere was founded in June and is a subsidiary of Progress Software
 (NASDAQ:PRGS). Its products include MySQL, an open source Web development
 platform. Come on guys who do they think they are trying to fool.

 And finaly, the distributor of MySQL  is complaining about the antics of
 Microsoft, oh dear.
 http://www.zdnet.com/zdnn/stories/news/0,4586,2781638,00.html?chkpt=zdnnp1tp
 02
 Microsoft can't beat us technically, so they've decided to strangle us in
 legal paperwork, said Lorne Cooper, president of NuSphere, distributor of
 the MySQL open source database system.

 So, what do you think we should do about all this.

 Regards
 Andy Woolley.

shun them utterly

janB




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Re: Nusphere is spamming me (this is cheese)

2001-11-20 Thread Erik Price

It looks like this site is designed to fool a newcomer into thinking
that they've stumbled onto the MySQL site -- there is a tiny mention on
the splash page that 'if you are looking for MySQL AB, click here'. I'm
sorry, but when I was first looking into MySQL, I had no idea what
'MySQL AB' was.  I would probably have assumed that it was some kind of
open-source claim-jumper.

Oh wait, that's what NuSphere is.

At any rate, becoming a member of NuSphere looks like a great way to
get your email address harvested.  Apart from that, the site doesn't
offer anything that you can't get at www.mysql.com (and you can get a
lot more at the latter).

Nothing technically illegitimate, but shifty nonetheless.
-- Erik


--- Andy Woolley [EMAIL PROTECTED] wrote:
 For a long time now Nusphere has been treading on far too many
 peoples toes
 (who do they think they are) not only are they annoying MySQL users
 with
 their exasperating antics they are also trying to steal MySQL from
 the very
 people that actually wrote the software.
 
 Dont forget,they have registered http://www.mysql.org for some very
 bizzare
 reasons.


=
Microsoft e[X]tra [P]roprietary
-- Is this where you really wanted to go today ? --

http://www.redhat.com/about/opinions/xp.html

__
Do You Yahoo!?
Yahoo! GeoCities - quick and easy web site hosting, just $8.95/month.
http://geocities.yahoo.com/ps/info1

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Re: Nusphere is spamming me

2001-11-20 Thread B. van Ouwerkerk


It'd be interesting to know if A LOT of people have had this happen.
If so, maybe we should apply some social pressure and see if they're
see the error of their ways.

Thoughts?

Yeah.. I think I remember there was a Federal Trading.. thing (forgot it's 
name) somewhere in the USA which was interested to hear about spammers.

Perhaps anyone who received spam from NuShere could drop them an e-mail..

mysql, query

Bye,



B.


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RE: Nusphere is spamming me

2001-11-20 Thread Britt Johnston

Michael, et al:

I want to assure everyone that there is no attempt to spam anyone on
this email list, this email list is a valuable community service and
not to be abused.  Regardless, I'm sorry that anyone even has that
impression.  If you have any concerns after reading this please
feel free to contact me directly.

Any email NuSphere sends directly is to email addresses entered by
individuals themselves registering at www.nusphere.com which thousands
do every week.  There is no other way to get a name into our database.
All emails should provide clear instruction on how to be removed from
the mailing list if desired.   While there were some creative  suggestions
in the other messages in this thread, none are being
used by NuSphere.

In Michael's specific case the address that you received email from I
believe is not the address you have registered at our site, so perhaps you
are forwarding mail from another account to your new account?  If
you send me the specific email I can further double check our records
and we can determine where it came from.

NuSphere also has other marketing programs including a worldwide
seminar series and as part of presenting that series we do work with
well known publishers in specific geographic areas to promote the
seminar and that may include both paper and electronic mail to
their readers.  It is possible some of you might have seen these
emails as well - they are not directly from NuSphere.

Given other questions, I'll provide a quick update on NuSphere.
Our product line has been expanding recently and we are pleased to
now provide the leading PHP IDE - NuSphere PHPEd - which won
Best Developer Tool award from LinuxWorld and was popular at
the recent 2001 International PHP Conference in Frankfurt.  NuSphere
is focused on providing a complete software platform for building
applications which is based on a solid foundation of open source
technology - MySQL being one part.

Our most popular product is NuSphere Pro Advantage which appeals to
those users who want a complete integrated platform for building and
deploying applications - it might not be appealing to the experts
that read this list, but people that ask you to setup a system
for them probably would benefit from the approach.  See the following
for more info: http://nusphere.com/releases/083001.htm

BTW, our seminar series is in the UK next week for more info see the
following: http://nusphere.com/education/class.php?id=48

In the future, please do not hesitate to contact me directly with
any concerns.

Sincerely,

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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RE: Nusphere is spamming me

2001-11-20 Thread Jonathan Hilgeman

What a shameless plug.

 Given other questions, I'll provide a quick update on NuSphere.
 Our product line has been expanding recently and we are pleased to

- Jonathan

 Speaking of green eggs and ham, that is the breakfast of choice
 for our developers - the ones who made our new product: NuSense.


-Original Message-
From: Britt Johnston [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, November 20, 2001 1:48 PM
To: Michael A. Peters
Cc: [EMAIL PROTECTED]
Subject: RE: Nusphere is spamming me


Michael, et al:

I want to assure everyone that there is no attempt to spam anyone on
this email list, this email list is a valuable community service and
not to be abused.  Regardless, I'm sorry that anyone even has that
impression.  If you have any concerns after reading this please
feel free to contact me directly.

Any email NuSphere sends directly is to email addresses entered by
individuals themselves registering at www.nusphere.com which thousands
do every week.  There is no other way to get a name into our database.
All emails should provide clear instruction on how to be removed from
the mailing list if desired.   While there were some creative  suggestions
in the other messages in this thread, none are being
used by NuSphere.

In Michael's specific case the address that you received email from I
believe is not the address you have registered at our site, so perhaps you
are forwarding mail from another account to your new account?  If
you send me the specific email I can further double check our records
and we can determine where it came from.

NuSphere also has other marketing programs including a worldwide
seminar series and as part of presenting that series we do work with
well known publishers in specific geographic areas to promote the
seminar and that may include both paper and electronic mail to
their readers.  It is possible some of you might have seen these
emails as well - they are not directly from NuSphere.

Given other questions, I'll provide a quick update on NuSphere.
Our product line has been expanding recently and we are pleased to
now provide the leading PHP IDE - NuSphere PHPEd - which won
Best Developer Tool award from LinuxWorld and was popular at
the recent 2001 International PHP Conference in Frankfurt.  NuSphere
is focused on providing a complete software platform for building
applications which is based on a solid foundation of open source
technology - MySQL being one part.

Our most popular product is NuSphere Pro Advantage which appeals to
those users who want a complete integrated platform for building and
deploying applications - it might not be appealing to the experts
that read this list, but people that ask you to setup a system
for them probably would benefit from the approach.  See the following
for more info: http://nusphere.com/releases/083001.htm

BTW, our seminar series is in the UK next week for more info see the
following: http://nusphere.com/education/class.php?id=48

In the future, please do not hesitate to contact me directly with
any concerns.

Sincerely,

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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Nusphere is spamming me

2001-11-19 Thread Michael A. Peters

This e-mail address is brand new.

I used it to subscribe to the MySQL list.
I sent one e-mail to the MySQL list.
I used it to send two e-mails to my web hosting provider.
I used it to send one e-mail to [EMAIL PROTECTED]

That's it! No others yet.

I know my web hosting provider did not sell my e-mail address to nusphere.
I know that php.net did not.

They got my brand spanking new e-mail address of of the one post I made to
this list.
I'm sure that is a violation, it is with most mail lists.

If you use MySQL I respectfully ask to to avoid NuSphere.
Do not support spammers.

This really ticks me off, I mean really ticks me off big time.
Have they no shame?

If someone at mysql.com would like the e-mail they spammed me with for
further investigation, I would be happy to provide it.

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Re: Nusphere is spamming me

2001-11-19 Thread Ken Kinder

I can confirm that NuSphere subscribes to mailing lists and spams its 
posters, as this has happened to me too, under similar circumstances. Perhaps 
the admins of this list should remove NuSphere.

On Monday 19 November 2001 04:55 pm, Michael A. Peters wrote:
 This e-mail address is brand new.

 I used it to subscribe to the MySQL list.
 I sent one e-mail to the MySQL list.
 I used it to send two e-mails to my web hosting provider.
 I used it to send one e-mail to [EMAIL PROTECTED]

 That's it! No others yet.

 I know my web hosting provider did not sell my e-mail address to nusphere.
 I know that php.net did not.

 They got my brand spanking new e-mail address of of the one post I made to
 this list.
 I'm sure that is a violation, it is with most mail lists.

 If you use MySQL I respectfully ask to to avoid NuSphere.
 Do not support spammers.

 This really ticks me off, I mean really ticks me off big time.
 Have they no shame?

 If someone at mysql.com would like the e-mail they spammed me with for
 further investigation, I would be happy to provide it.

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Re: Nusphere is spamming me

2001-11-19 Thread Jeremy Zawodny

On Mon, Nov 19, 2001 at 03:55:48PM -0800, Michael A. Peters wrote:

 If you use MySQL I respectfully ask to to avoid NuSphere.  Do not
 support spammers.
 
 This really ticks me off, I mean really ticks me off big time.  Have
 they no shame?

I suspect they're getting desperate.  Maybe their parent company
wants to see more of a return on their investment--not that spamming
will help in the long term if it just pisses people off.

 If someone at mysql.com would like the e-mail they spammed me with
 for further investigation, I would be happy to provide it.

It'd be interesting to know if A LOT of people have had this happen.
If so, maybe we should apply some social pressure and see if they're
see the error of their ways.

Thoughts?

Jeremy
-- 
Jeremy D. Zawodny, [EMAIL PROTECTED]
Technical Yahoo - Yahoo Finance
Desk: (408) 349-7878   Fax: (408) 349-5454   Cell: (408) 685-5936

MySQL 3.23.41-max: up 74 days, processed 1,613,533,564 queries (249/sec. avg)

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Re: NuSphere final speaks out

2001-08-16 Thread Marten Mickos


Our customers have asked us to comment on the writing by Lorne Cooper in 
NuSphere's latest newsletter. I will respond to the three primary issues 
raised in the newsletter: (1) The June 2000 agreement between Progress and 
MySQL AB; (2) the mysql.org website; and (3) Gemini. For those of you 
interested in the details, the counterclaim we filed is a public document 
with the Federal Court of Massachusetts in Boston. The Interim Agreement is 
an exhibit to the counterclaim.

First, NuSphere's president claims that for a large sum of money NuSphere 
acquired rights to various mysql related trademarks. On 21 June 2000, MySQL 
AB entered into an agreement with Progress that was an interim agreement 
only. Under the Interim Agreement, MySQL AB agreed to allow Progress to 
participate in the GPL announcement of MySQL. We agreed that Progress would 
be permitted limited use of the MySQL mark and three combination marks 
(limited to NuSphere MySQL, Enhanced MySQL, and Rocket MySQL) in 
starting to provide MySQL-related products and services. In exchange for 
this there would be monthly payments of $104,167 to MySQL AB. NuSphere made 
three such payments and then stopped paying. (They claim to have purchased 
permanent rights to 3 specific MySQL-related names for $312,501.)

Because we had agreed that the Interim Agreement was intended to serve a 
short-term purpose only, we further agreed to work toward a final, 
definitive agreement concerning the business relationship. We at MySQL AB 
have made every effort to reach a final agreement and we have been patient 
with NuSphere despite numerous delays in taking matters forward and despite 
breaches by NuSphere of the Interim Agreement.

Now NuSphere has claimed perpetual, exclusive ownership of the combination 
marks and others. We are confident that the evidence will show that the 
Interim Agreement did not give either Progress or NuSphere perpetual, 
exclusive ownership of any MySQL combination marks. This dispute is 
squarely before a federal court in Massachusetts.

Second, NuSphere's president claims that mysql.org is a non-profit 
initiative. mysql.org is clearly not a non-profit initiative. The domain 
name mysql.org was registered by NuSphere and the mysql.org website is 
operated by NuSphere, a subsidiary of Progress, a publicly traded company. 
NuSphere's operation of the mysql.org website is one example of how they 
continue to intentionally trade on the MySQL name and goodwill. This has 
caused actual confusion in the marketplace and injury to MySQL AB. NuSphere 
continues to operate the mysql.org site for its own commercial purposes.

Third, NuSphere's president states that MySQL AB claims that Gemini is a 
'derivative work' of MySQL.  MySQL AB does not claim that Gemini is a 
derivative work of MySQL. Rather, we claim that NuSphere has distributed a 
work based on the MySQL server without making all the underlying source 
code available, as required by the GPL. NuSphere's violation of the GPL 
automatically terminated its rights under the GPL. This means that NuSphere 
no longer can modify or distribute the MySQL server. Please see the Free 
Software Foundation website for further details on this.

We invited NuSphere to settlement talks on neutral soil for as long as it 
would take. NuSphere responded by claiming they accepted the invitation but 
actually offered only to meet in a two-hour conference call where they 
refused to discuss the lawsuit and where no decision-making power of theirs 
was present. At OSCON they wanted a new meeting, but again they would not 
discuss the substantive issues and they had no decision maker present.


Finally I would like to thank our users for your interest in this case and 
for the great support we have received and continue to receive.


Marten Mickos
CEO, MySQL AB

(database,sql,query,table)


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NuSphere final speaks out

2001-08-15 Thread David Price

News from NuSphere -- #8This came from the NuSphere newsletter sent today.
I would like hear from MySQL AB on this issue again since nothing has been
said since the two company meet.



-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, August 15, 2001 1:48 AM
To: [EMAIL PROTECTED]
Subject: News from NuSphere
  snip

  News from NuSphere
  Tuesday, August, 14 2001
  The monthly newsletter of www.nusphere.com

  Topics this month:

a.. NuSphere Forced to Sue MySQL AB: A Note from NuSphere's
President, Lorne Cooper


  /snip

  snip

   NuSphere Forced to Sue MySQL AB: A Note from NuSphere's President,
Lorne Cooper

  In June of 2000 we signed a contract with MySQL AB. In exchange for a
large sum of money, NuSphere acquired rights to various mysql related
trademarks. In May, MySQL AB unilaterally decided the contract was no longer
valid, and started proceedings to take away our trademark rights. After
considerable unproductive negotiations, we were forced to sue MySQL AB, this
past June, to give us back the trademark rights we had purchased. MySQL AB
has filed counterclaims against us and our parent company, alleging that we
don't have the rights to the trademarks, can't finance the mysql.org
non-profit organization, and have broken their (GPL) software licensing
rules. None of these are true.

  We've been quiet up to now, believing that public arguing will only
make it harder to eventually resolve the problem. MySQL AB has been more
vocal, and some of our customers, having only heard their side of the story,
have asked us to elaborate.

  First, the contract specifically gives us the rights to the
trademarks. The agreement does not give MySQL AB the right to unilaterally
terminate the agreement. Would you buy something the seller could get back
any time they wanted?

  Second, we can, and have, provided support and funding for the
non-profit mysql.org initiative. Mysql.org is committed to improving the
mysql product without being hampered by commercial considerations, just like
Apache.org, Linux.org, Perl.org, PostgreSQL.org, etc. We want the best open
source products, and will continue to support the open source community.

  Third, MySQL AB claims that Gemini is a derivative work of MySQL,
and thus cannot be sold by NuSphere. Most of Gemini was licensed from
Progress Software, where it has been in use for over ten years. Gemini
copyrights date back to 1985. That software developed from 1985-1994 can be
derivative of software first written in 1994 is ridiculous.

  Some people have asked, Sure you have a strong case, but you never
know. What if you lose? Well, we will certainly win the lawsuit. We
wouldn't be suing if we weren't sure we were in the right. If, in some
miscarriage of justice, we were to lose the case, our customers and our
company are not at risk. Our risk is limited to our naming of our products,
our method of installing the MySQL portion of our software and some
relatively small amount of money. You, our customers, have no risk at all.

  /snip









Re: NuSphere final speaks out

2001-08-15 Thread Michael T. Babcock

 trademarks. In May, MySQL AB unilaterally decided the contract was no
longer
 valid, and started proceedings to take away our trademark rights. After

Actually, the rights would belong to MySQL AB unless the contract was
drawn up horribly.

 past June, to give us back the trademark rights we had purchased.

I would also assume that they did not purchase the TM rights, but were
given
some form of limited rights to use MySQL AB's rights (which MySQL AB
owns).

 don't have the rights to the trademarks, can't finance the mysql.org
 non-profit organization, and have broken their (GPL) software licensing

The first is probably a fun piece of contract lawyer arguing, but seems
silly enough.  Financing mysql.org was considered a problem, AFAICS,
because it didn't clearly point out that it wasn't run by MySQL AB or
acknowledge the latter's ownership of the name.

   First, the contract specifically gives us the rights to the
trademarks

Does anyone know if this contract available for viewing online anywhere?

   Third, MySQL AB claims that Gemini is a derivative work of MySQL,
 and thus cannot be sold by NuSphere. Most of Gemini was licensed from
 Progress Software, where it has been in use for over ten years.

So Gemini in its current distribution style would be a derivative work of
Progress' database software and MySQL ... it comes down to how its linked
and the GPL's enforcability.

 If, in some miscarriage of justice, we were to lose the case,

That's not a great way to get judges on your side ... ;-)

 company are not at risk. Our risk is limited to our naming of our
products,
 our method of installing the MySQL portion of our software and some
 relatively small amount of money. You, our customers, have no risk at all.

Which begs the question of how valuable this lawsuit is to NuSphere then.
If all they'll gain is naming rights and an easier distribution of MySQL,
where
is the value?
--
Michael T. Babcock, IANAL
http://www.fibrespeed.net/~mbabcock/


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RE: NuSphere final speaks out

2001-08-15 Thread Philippe Paravicini

My humble response to NuSphere, sent this morning to various and sundry of
their email addresses.  Please make your opinions known to NuSphere, it
can't hurt.


Dear Sirs:

I believe that your decision to sue MySql AB, the creators of one of the
most popular products to come from the Open Source movement, is ill advised
for you, and the Open Source user community at large.
I think that you will agree that MySql has a substantially larger portion of
'mind share' than Nusphere has at the moment, and that the open source
community will side, by default, with MySql AB.  Hence, even if you had a
strong legal case, this lawsuit would be a public relation nightmare for
you.

Furthermore, a cursory review of the facts stated on both sites of the
dispute indicates that you have a very weak case against MySql AB, and the
lawsuit that you have launched appears to be no more than legal black mail
to this impartial observer.

Regardless of the eventual outcome of such a lawsuit, it will drain a large
volume of mental energy and resources from NuSphere and MySql AB, and will
inevitably be brandished by the media at large and the larger closed-source
software players as undeniable proof of the failings of the Open Source
Movement, thus harming your clients as well as ALL members of the Open
Source community at large.

I respectfully request that you immediately cease your reckless course of
action and negotiate with MySql an agreement that is mutually beneficial.

Sincerely,
Philippe Paravicini
Open Source eCommerce Developer

*

Their official reply:


I've included our formal response to our isses with MySQL AB.


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.





-Original Message-
From: Michael T. Babcock [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, August 15, 2001 10:38 AM
To: MySQL
Subject: Re: NuSphere final speaks out


 trademarks. In May, MySQL AB unilaterally decided the contract was no
longer
 valid, and started proceedings to take away our trademark rights. After

Actually

RE: NuSphere final speaks out

2001-08-15 Thread Philippe Paravicini

mySql.org's position (whomever they are)

***
Dear Philippe:

mySQL.org is a not for profit organization dedicated to promoting
and further enhancing the mySQL database engine.  Like all open
source projects we welcome community input to help enhance the
product.

The MySQL AB company is a commercial entity that sells licensed
versions of the mySQL database.  They can do this because they
own the copyright of all the source code they license and do 
not accept community contribution unless they can obtain the
copyright from the contributor.  Obviously you can see that
this goes against the spirit of Open Source development, hence
mySQL.org has been formed.

mySQL.org is not involved in any litigation with either NuSphere
or MySQL AB.  While it is true that NuSphere and MySQL AB are 
involved in a legal battle over some sort of contract, we here
at mySQL.org have chosen not to take sides or speculate on the
issue.

If you have questions or concerns over the NuSphere/MySQL AB
lawsuit (which it appear that you do), please address your
questions to either NuSphere or MySQL AB.

Regards,

Mike Furgal  -  mySQL.org - Where mySQL is your SQL.

 
 Dear Sirs:
 
 I believe that your decision to sue MySql AB, the creators of one of the
 most popular products to come from the Open Source movement, is ill
 advised
 for you, and the Open Source user community at large.
 
 I think that you will agree that MySql has a substantially larger portion
 of
 'mind share' than Nusphere has at the moment, and that the open source
 community will side, by default, with MySql AB.  Hence, even if you had a
 strong legal case, this lawsuit would be a public relation nightmare for
 you.
 
 Furthermore, a cursory review of the facts stated on both sites of the
 dispute indicates that you have a very weak case against MySql AB, and
 the
 lawsuit that you have launched appears to be no more than legal black
 mail
 to this impartial observer.
 
 Regardless of the eventual outcome of such a lawsuit, it will drain a
 large
 volume of mental energy and resources from NuSphere and MySql AB, and
 will
 inevitably be brandished by the media at large and the larger
 closed-source
 software players as undeniably proof of the failings of the Open Source
 Movement, thus harming your clients as well as ALL members of the Open
 Source community at large.
 
 I respectfully request that you immediately cease your reckless course of
 action and negotiate with MySql an agreement that is mutually beneficial.
 
 Sincerely,
 Philippe Paravicini
 Open Source eCommerce Developer

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Re: NuSphere final [sic] speaks out

2001-08-15 Thread C. Bond

At 01:38 PM 8/15/2001 -0400, Michael T. Babcock wrote:

 trademarks. In May, MySQL AB unilaterally decided the contract was no
longer
 valid, and started proceedings to take away our trademark rights. After

Actually, the rights would belong to MySQL AB unless the contract was
drawn up horribly.

 past June, to give us back the trademark rights we had purchased.

I would also assume that they did not purchase the TM rights, but were


That's the problem with this whole discussion. You shouldn't
be assuming anything. You haven't seen the contract; neither
have I. Regardless, everyone (with few exceptions) has been
slamming NuSphere based on absolutely no knowledge whatsoever.

I'm very sad this is all happening. But however you may feel
about NuSphere, I find it a bit unsettling that MySQL AB, as
an open-source organization, would claim a trademark in the
first place. From what I've seen, it looks like both sides
are being equally childish.

Now please, unless all contracts and legal documents are published
on this list, let's all stop declaring one side or another
Satan incarnate.



  |
-
  | Church of the Heavenly Wood
  ---   http://www.geocities.com/Hollywood/Boulevard/9565/
  | Our Lord and Savior
  ---   Te Wood laudamus!


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RE: NuSphere final speaks out

2001-08-15 Thread Carsten H. Pedersen

Everyone, please: Let's not have another round of Let's
all go bash NuSphere.

Yes, I too, am interested in the case -- but let's have
the details - and not least *facts* - from the people who 
are actually involved in this dispute. 

I think some of Justin Farnsworth wise words from July 18
bear repeating:

 Perhaps there are three to seven people on this list that know what is
 really going on, and what the true facts are behind this dispute
...
 ... to take very emotional sides on this issue only
 validates that non-productive bromide, the enemy of my
 friend is my enemy, something senseless in law, and thankfully
 so.
...
 Now, guys, be fair.  NuSphere paid MySQL AB $325K for _something_.
 NuSphere just didn't come out of the woodwork and claim the
 goldmine with no prior contact, discussions, and understandings...

Back when I was to select between MySQL and PostgreSQL DBMS 
years ago, part of my research involved simply joining the 
mailing lists / newsgroups that were used by the two 
camps. I very quickly came to the conclusion that on
one list, most of the discussion centered around Why
our DBMS is better than theirs, People using [the
other system] are *s* stupid, they haven't got a
clue, while at the other one, people were discussing 
SQL, bug reports, fixes, etc. I leave you to guess
which one was which.*

Please, do not let this list take the same turn.

*In all fairness, I must say that I've never looked back 
since I decided on MySQL, and I have no idea what's going 
on in the PostgreSQL community today.

/ Carsten
--
Carsten H. Pedersen
keeper and maintainer of the bitbybit.dk MySQL FAQ
http://www.bitbybit.dk/mysqlfaq
 

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Re: NuSphere final [sic] speaks out

2001-08-15 Thread ryc

[snip]

 I'm very sad this is all happening. But however you may feel
 about NuSphere, I find it a bit unsettling that MySQL AB, as
 an open-source organization, would claim a trademark in the
 first place. From what I've seen, it looks like both sides
 are being equally childish.

I dont think there is a correlation between open source and the use (or non
use) of trademarks to protect ones brand. I think it is very import for an
opensource company/group/product to trademark their name. Otherwise what
would stop someone from taking the source code and releasing it under the
same name (im just throwing this point in there, no need for whatifs in
further threads). Also, dont forget another open source project linux(tm) is
trademarked to protect the name from being used in a 'bad' way.

Just some ideas to think about. I dont mean to further the thread any more
than it already has.

ryan


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Re: NuSphere final [sic] speaks out

2001-08-15 Thread Michael Bacarella

On Wed, Aug 15, 2001 at 04:22:47PM -0500, C. Bond wrote:
 I'm very sad this is all happening. But however you may feel
 about NuSphere, I find it a bit unsettling that MySQL AB, as
 an open-source organization, would claim a trademark in the
 first place. From what I've seen, it looks like both sides
 are being equally childish.

There's nothing wrong with holding a trademark on a name,
even if it IS tied to an open source product.

Linus Torvalds holds a trademark on Linux, for example.


I normally laugh when I hear about companies suing over what looks like
a stupid trademark dispute. No doubt, just because it happens so often,
whenever we hear about a trademark lawsuit, we're inclined to go
oh brother.  In the case of MySQL AB, however, it couldn't be
more justified.

Could you imagine what would happen if 4 other companies
came along and started offering their own version of mysql, also
calling it simply MySQL? That's more misinformation than I could
bear. The list already receives about 5 e-mails a week from people
asking when MySQL will support transactions.

Another example: mysql.org used to require users to register
before they could download mysql. What happens when mysql.org decides
to start spamming? What happens when they resell the list to the
highest bidder? 

It's not unreasonable to expect that users will think that The MySQL Company
is spamming them. MySQL AB had nothing to do with the domain, but they
would suffer on behalf of someone else's actions.

-- 
Michael Bacarella [EMAIL PROTECTED]
Technical Staff / System Development,
New York Connect.Net, Ltd.

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Nusphere - mySQL dispute

2001-07-16 Thread Johannes Pretorius

Hi All
-

I dont have a say in a lot of things but want to just give my support to 
mySQL and in whatever it decides to do with
this ugly sutiation. MySQL was the first Linux app that I have setup and 
runned sucessfully when I started working on linux
and it was always a dream of mine to make a product that could equal or 
live to the LEGEND that mySQL has made for iteself.

Monty and his crew has and will always be one of my GREATES insperation's . 
And I will always strive to follow in there footprints.

In this I mean that thanks for all that you have done for us as a community 
and I hope and believe that all will turn to your
favour for hours of hardwork and dedication is not allowed to be stolen 
because you have a BIG HEART that is not fear and
not right.

I just wanted to get this off my chess for as another programmer. I know 
how it feals if people steals your hardwork
and take the credit for it. So I hope you the best of luck ..

Good luck and thanks for all that you have done to all us mySQL peeps out here.

Thanks



Johannes Pretorius
(Development Department - Promed)

Tel : +27 11 263-5920
website : http://www.promed.co.za


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NuSphere

2001-02-04 Thread Ruben I Safir - Brooklyn Linux Solutions CEO


What exactly is now the relationship between NuShpere and MYSQL/TSX.  Who is
working on the Gemini COde and the documentation?

Ruben

-- 
Brooklyn Linux Solutions
http://www.mrbrklyn.com
http://www.brooklynonline.com

1-718-382-5752


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Re: ArabiaSoft and NuSphere

2001-01-27 Thread Frederick L. Steinkopf

NuSphere is cheaper, comes with a printed MySQL manual, and IMHO, installs
easier.
- Original Message -
From: "Frank J. Schmuck" [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Wednesday, January 24, 2001 6:45 AM
Subject: ArabiaSoft and NuSphere


 Any comments on the packages from ArabiaSoft and NuSphere?

 Thanks
 Frank


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ArabiaSoft and NuSphere

2001-01-24 Thread Frank J. Schmuck

Any comments on the packages from ArabiaSoft and NuSphere?

Thanks
Frank


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Re: ArabiaSoft and NuSphere

2001-01-24 Thread Dylan Shea


 I've found Abriasoft SQL Standard to be really really great.  I've made apache/ssl/php
etc. systems from source tarballs, and it takes hours, and there is all kinds of
frustration and hassle.  You can do the same, and it takes minutes, and really does it
_almost right_.

They seemed to miss the functions.js file that belongs in phpMyAdmin, but it's easily
picked up and placed by grabbing a copy of the phpMyAdmin tarball from phpwizards.net.

The other is you'll want to grab the MySQL updates due to security issues and bugs in 
the
version of MySQL in the Abriasoft package.

b.t.w. I was using the the RH7 Linux version. Installing Abriasoft SQL on top of a 
fresh
RH7 install will solve you a lot of hassle due to bugs in key RH7 packages.

--Dylan Shea

"Frank J. Schmuck" wrote:

 Any comments on the packages from ArabiaSoft and NuSphere?

 Thanks
 Frank

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RE: ArabiaSoft and NuSphere

2001-01-24 Thread Frank J. Schmuck

Dylan,

Can you comment on the use of Perl vs. PHP with either of these?

Thanks
Frank

-Original Message-
From: Dylan Shea [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 24, 2001 7:06 AM
To: Frank J. Schmuck
Cc: [EMAIL PROTECTED]
Subject: Re: ArabiaSoft and NuSphere



 I've found Abriasoft SQL Standard to be really really great.  I've made
apache/ssl/php
etc. systems from source tarballs, and it takes hours, and there is all
kinds of
frustration and hassle.  You can do the same, and it takes minutes, and
really does it
_almost right_.

They seemed to miss the functions.js file that belongs in phpMyAdmin, but
it's easily
picked up and placed by grabbing a copy of the phpMyAdmin tarball from
phpwizards.net.

The other is you'll want to grab the MySQL updates due to security issues
and bugs in the
version of MySQL in the Abriasoft package.

b.t.w. I was using the the RH7 Linux version. Installing Abriasoft SQL on
top of a fresh
RH7 install will solve you a lot of hassle due to bugs in key RH7 packages.

--Dylan Shea

"Frank J. Schmuck" wrote:

 Any comments on the packages from ArabiaSoft and NuSphere?

 Thanks
 Frank

 -
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http://lists.mysql.com/   (the list archive)

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