Re: [OT] LEGAL information about MySQL.

2002-12-05 Thread David Axmark
On Mon, 2002-12-02 at 14:45, Darney Lampert wrote:
 Sorry continue this subject ... I´m the author original question, LEGAL 
 information about MySQL.
 But I Think that my question is simple and the other answers do not make 
 sense to me.
 I never said that I change original MySQL source code, and I just want know 
 if I can use MySQL database on
 my comercial application without pay for it. My application ONLY access MySQL.

Our basic answer is No. If you ship MySQL (server or client) with a
commercial (non opensource) application you should pay.

 I develop a program with Delphi with access MySQL database. I'll sell my
 program, and ONLY give a copy of MySQL to the users, or indicate the place
 to download to them.

 Does my client need to pay a license to MySQL AB?

Not, it actually you who need to pay in this case. Or you can
distribute with source code (just like we do!).

 Other case:
 I develop a web-site with PHP wich access MySQL database to a client who
 paid for it. The users do not need to install MySQL. Does anybody need to
 pay something? Who? (Remember that my Web Server just run PHP and MySQL,
 wich are free. My site (wich is paid) uses the services provided by the
 web-server)

In this case there is not distribution so no fee is needed. We would
like to be paid in this case also but there is legal requirement for a
license if you do not distribute. 

But we would like every one who uses MySQL for commercial services to
pay for support!

 In this case, does my client, the web-server or I need to pay a license to
 MySQL AB?

No, as explained above. 

The GPL kicks in when you *distribute* and then you can either
distribute all (including your) source code or buy a commercial license
from us.

 Please, just wellfounded answers, not personal opinions.

I am the licensing guru for MySQL AB and one of the founders.

/David
MySQL Co-Founder

 Thanks
 
 
 At 15:51 30/11/2002 +0100, you wrote:
 Hello.
 
 I do not intent to follow-up on the issue, as you are either trolling
 or clueless (and not willing to inform yourself) or both.
 
 On Sat 2002-11-30 at 08:30:52 -0500, [EMAIL PROTECTED] wrote:
   Seems like all against I see are coming from MySQL team.
 
 But I want to prevent a misconception: I am in no way affiliated to
 MySQL AB than being an user of their software.
 
 Bye,
 
  Benjamin.
 
 
 Darney Lampert
 Sky Informática Ltda 


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Re: [OT] LEGAL information about MySQL.

2002-12-05 Thread Pae Choi
Look!

I already unsubscribed this. Do you understand what that mean?
I have no interest to dealing with MySQL and have no time for
this.

You must understand that this thread was started from someone
who were interested to sell his/her product that utilize MySQL. And
I was trying to help both sides. One who is creating an innovative
products as well as MySQL. Do you know how both sides get benefits?
Actually, MySQL should appreciate them. Those folks actually help
your business by moving your products.

Also, you MUST understand that if one product provides the
persistence service that only comes with JDBC/JDO/or similar
functionality. So the product can adopt any back-end DBMS, for
example, and leaving the choice of DBMS to thier customers. They
will more than likely go with the *reliable* DBMS.

In case the customers somehow select MySQL for thier DBMS
solution, to wit, if they download and use it. You are out of luck!
1) The Product innovation group did not distributed; Their customers
download it.
2) In their own license, they can declare own rights.

Still want to chase them, it's your choice(I don't know what you
are going to after for, but it will be your choice as well to spend
the time and your own expenses.)

Last, by no means least, put me out of this. I am no longer interesting
to waste my time with MySQL. I already seen enough and got sense of
attitudes from MySQL.


Pae

P.S.: If your intention was for commercializtion from the beginning,
you should started with .com, not .org -- I can see your
sly marketing strategy.



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RE: [OT] LEGAL information about MySQL.

2002-12-05 Thread Rick Cronan


 -Original Message-
 From: David Axmark [mailto:[EMAIL PROTECTED]]

 In this case there is not distribution so no fee is needed. We would
 like to be paid in this case also but there is legal requirement for a
 license if you do not distribute.

Missing 'no'?

- rick cronan



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Re: [OT] LEGAL information about MySQL.

2002-12-05 Thread Mark
- Original Message -
From: David Axmark [EMAIL PROTECTED]
To: Darney Lampert [EMAIL PROTECTED]
Cc: mysql [EMAIL PROTECTED]
Sent: Thursday, December 05, 2002 3:55 AM
Subject: Re: [OT] LEGAL information about MySQL.



 I am the licensing guru for MySQL AB and one of the
 founders.


With regard to MySQL software falling under the GPL licence, I was too
focussed on studying the GPL licence itself, and missed this very clear
section of the MySQL AB licence:

As long as you never distribute (internally or externally) the MySQL
Software in any way, you are free to use it for powering your application,
irrespective of whether your application is under GPL or other OSI approved
license or not.

In all fairness to MySQL AB, that wording is clear enough, I would say. :)
My eye also caught the following blurb:

We also believe that if you have strong reasons NOT to go GPL, you also
have the monetary means to purchase commercial licences.

Conversely, I would say:

I also believe that if you have strong reasons NOT to go COMMERCIAL, you
also do not have the monetary means to purchase commercial licences.

In other words: relax. :) Worried people who are asking questions here to
the effect of their program using MySQL requires a commercial licence, are
likely people who cannot afford a commercial licence anyway.

- Mark


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Re: [OT] LEGAL information about MySQL.

2002-12-05 Thread David Axmark
On Thu, 2002-12-05 at 03:23, Pae Choi wrote:
 Look!
 
 I already unsubscribed this. Do you understand what that mean?
 I have no interest to dealing with MySQL and have no time for
 this.
 
 You must understand that this thread was started from someone
 who were interested to sell his/her product that utilize MySQL. And
 I was trying to help both sides. One who is creating an innovative
 products as well as MySQL. Do you know how both sides get benefits?
 Actually, MySQL should appreciate them. Those folks actually help
 your business by moving your products.
 
 Also, you MUST understand that if one product provides the
 persistence service that only comes with JDBC/JDO/or similar
 functionality. So the product can adopt any back-end DBMS, for
 example, and leaving the choice of DBMS to thier customers. They
 will more than likely go with the *reliable* DBMS.
 
 In case the customers somehow select MySQL for thier DBMS
 solution, to wit, if they download and use it. You are out of luck!
 1) The Product innovation group did not distributed; Their customers
 download it.
 2) In their own license, they can declare own rights.
 
 Still want to chase them, it's your choice(I don't know what you
 are going to after for, but it will be your choice as well to spend
 the time and your own expenses.)
 
 Last, by no means least, put me out of this. I am no longer interesting
 to waste my time with MySQL. I already seen enough and got sense of
 attitudes from MySQL.
 
 
 Pae
 
 P.S.: If your intention was for commercializtion from the beginning,
 you should started with .com, not .org -- I can see your
 sly marketing strategy.

FYI: We did start with mysql.com. We did not get mysql.org until last
year.

/David


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Re: [OT] LEGAL information about MySQL.

2002-12-02 Thread Darney Lampert

Sorry continue this subject ... I´m the author original question, LEGAL 
information about MySQL.
But I Think that my question is simple and the other answers do not make 
sense to me.
I never said that I change original MySQL source code, and I just want know 
if I can use MySQL database on
my comercial application without pay for it. My application ONLY access MySQL.

I develop a program with Delphi with access MySQL database. I'll sell my
program, and ONLY give a copy of MySQL to the users, or indicate the place
to download to them.

Does my client need to pay a license to MySQL AB?

Other case:
I develop a web-site with PHP wich access MySQL database to a client who
paid for it. The users do not need to install MySQL. Does anybody need to
pay something? Who? (Remember that my Web Server just run PHP and MySQL,
wich are free. My site (wich is paid) uses the services provided by the
web-server)

In this case, does my client, the web-server or I need to pay a license to
MySQL AB?

Please, just wellfounded answers, not personal opinions.

Thanks


At 15:51 30/11/2002 +0100, you wrote:
Hello.

I do not intent to follow-up on the issue, as you are either trolling
or clueless (and not willing to inform yourself) or both.

On Sat 2002-11-30 at 08:30:52 -0500, [EMAIL PROTECTED] wrote:
 Seems like all against I see are coming from MySQL team.

But I want to prevent a misconception: I am in no way affiliated to
MySQL AB than being an user of their software.

Bye,

Benjamin.



Darney Lampert
Sky Informática Ltda 


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RE: [OT] LEGAL information about MySQL.

2002-12-02 Thread David Brodbeck


 -Original Message-
 From: Pae Choi [mailto:[EMAIL PROTECTED]]

 Seems like all against I see are coming from MySQL team.
 I know MySQL is stealing a lot of code from the public
 domain, inclduing the SSL part. How funny!

By definition you can't steal anything from the public domain.  It's free
for the taking!

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Re: [OT] LEGAL information about MySQL.

2002-11-30 Thread Benjamin Pflugmann
Hello.

This is quickly heading towards off-topic. If you are interested in a
discussion of what the GPL means, a different forum would be more
adequate, I think.

I do not necessarily completely agree with MySQL AB's interpretation
of the GPL, but since it's their product, I am fine with it.

But what you wrote is simply wrong.

On Fri 2002-11-29 at 19:28:09 -0500, [EMAIL PROTECTED] wrote:
 If your software utilize the software under GPL license, you can
 simply add those GPL licenses as well as make a note that you
 are only selling, i.e. the price is only for your own software, your
 own software, you should be fine.

The GPL never says anything about distributing a copy for free. I does
not matter if you want $100.000 per copy. It only says that you also
have to provide the source code (and that, if you offer to get the
source seperately, you may not charge more than your transfer costs
for the source - section 3.b).

On Sat 2002-11-30 at 03:18:58 -0500, [EMAIL PROTECTED] wrote:
[...]
   Just to pretect your own benefit, you can add a statment saying that
   all rights of GPL license reserved by them. And those are provided
   just for your convenience.
   
  What you advocate is the same as saying that you if stick a pirated copy
  of windows in with your software, but disclaim in your documentation
  that you're only paying for your software, not the copy of windows that
  is not following Microsoft's licensing terms.
 
 Your example is totally out of case.

No. You said implicitly, that you can disregard the GPL by simply
pointing out you only included the software for convenience. With the
GPL, such a notice makes no sense. Either you comply with it, in which
case you need no notice, or you do not, in which case you may not
distribute the program. Such a notice does not change anything. That
is what Mark tried to point out.

 GPL says that it can freely distribute as long as the copyright is
 included.

That is the BSD license.

The GPL indeed requires to leave the copyright notice intact, too
(section 1), but also requires, that you either distribute a
_verbatim_ copy (section 1) or distribute any changes or additions
with the exception of mere aggregation (section 2). If a program uses
MySQL in any way, you cannot claim mere aggregation, IMHO.

Bye,

Benjamin.


-- 
[EMAIL PROTECTED]

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Re: [OT] LEGAL information about MySQL.

2002-11-30 Thread Pae Choi
Didn't you the previous posting that contains two paragraphs
from GPL?

And if someone wants to sell the software that use the MySQL,
then simply let them downlaod it. Then you will be out of this
crap.

Also, PostgreSQL will be your alternative option as well.


Pae

P.S.: There are many commercial software using and distributing
the software/packages under GPL, why don't you sue them then.
Huh, you will not getting anything other than your own expenses.



 Hello.

 This is quickly heading towards off-topic. If you are interested in a
 discussion of what the GPL means, a different forum would be more
 adequate, I think.

 I do not necessarily completely agree with MySQL AB's interpretation
 of the GPL, but since it's their product, I am fine with it.

 But what you wrote is simply wrong.

 On Fri 2002-11-29 at 19:28:09 -0500, [EMAIL PROTECTED] wrote:
  If your software utilize the software under GPL license, you can
  simply add those GPL licenses as well as make a note that you
  are only selling, i.e. the price is only for your own software, your
  own software, you should be fine.

 The GPL never says anything about distributing a copy for free. I does
 not matter if you want $100.000 per copy. It only says that you also
 have to provide the source code (and that, if you offer to get the
 source seperately, you may not charge more than your transfer costs
 for the source - section 3.b).

 On Sat 2002-11-30 at 03:18:58 -0500, [EMAIL PROTECTED] wrote:
 [...]
Just to pretect your own benefit, you can add a statment saying that
all rights of GPL license reserved by them. And those are provided
just for your convenience.
   
   What you advocate is the same as saying that you if stick a pirated
copy
   of windows in with your software, but disclaim in your documentation
   that you're only paying for your software, not the copy of windows
that
   is not following Microsoft's licensing terms.
 
  Your example is totally out of case.

 No. You said implicitly, that you can disregard the GPL by simply
 pointing out you only included the software for convenience. With the
 GPL, such a notice makes no sense. Either you comply with it, in which
 case you need no notice, or you do not, in which case you may not
 distribute the program. Such a notice does not change anything. That
 is what Mark tried to point out.

  GPL says that it can freely distribute as long as the copyright is
  included.

 That is the BSD license.

 The GPL indeed requires to leave the copyright notice intact, too
 (section 1), but also requires, that you either distribute a
 _verbatim_ copy (section 1) or distribute any changes or additions
 with the exception of mere aggregation (section 2). If a program uses
 MySQL in any way, you cannot claim mere aggregation, IMHO.

 Bye,

 Benjamin.


 --
 [EMAIL PROTECTED]


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Re: [OT] LEGAL information about MySQL.

2002-11-30 Thread Tonu Samuel
All who haven't read GPL FAQ, go and read it:
http://www.fsf.org/licenses/gpl-faq.html

Current discussion is covered beginning from:

http://www.fsf.org/licenses/gpl-faq.html#ModifiedJustBinary

http://www.fsf.org/philosophy/free-sw.html

Also, discussion here reminded me MySQL vs Progress case when subsidiary
of Progress named NuSphere violated MySQL AB rights in similar way as
defended now by some persons. It is very similar to current discussion,
so I think it is correct to include Eben Moglen's point of view here:

http://www.gnu.org/press/mysql-affidavit.html

  Tonu 


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Re: [OT] LEGAL information about MySQL.

2002-11-30 Thread Pae Choi
If MySQL plays so dirty, go with PostgreSQL. It's been known
to be better and more acceptable in all platforms. Ex, they
have triggers, etc that MySQL does not have.


Pae

- Original Message -
From: Tonu Samuel [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Saturday, November 30, 2002 7:33 AM
Subject: Re: [OT] LEGAL information about MySQL.


 All who haven't read GPL FAQ, go and read it:
 http://www.fsf.org/licenses/gpl-faq.html

 Current discussion is covered beginning from:

 http://www.fsf.org/licenses/gpl-faq.html#ModifiedJustBinary

 http://www.fsf.org/philosophy/free-sw.html

 Also, discussion here reminded me MySQL vs Progress case when subsidiary
 of Progress named NuSphere violated MySQL AB rights in similar way as
 defended now by some persons. It is very similar to current discussion,
 so I think it is correct to include Eben Moglen's point of view here:

 http://www.gnu.org/press/mysql-affidavit.html

   Tonu


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Re: [OT] LEGAL information about MySQL.

2002-11-30 Thread Pae Choi
One final thouhgt for the people who wish to sell your
own products.

You can distribute your own products, but let your customers
download the GPL packages. In that way, you are not
distributing that.

And you can include your license saying that something
like any utilziation of third-party packages will be solely
your(i.e., your customers) responsibilities.

In that way, you do not have to concern about legal
obligations while at the same time you can freely sell
your own products.


Pae

P.S.: Just for MySQL, you should appreciate those people
who make their products utilizing MySQL. That will actually
help your business by helping MySQL move more.




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Re: [OT] LEGAL information about MySQL.

2002-11-30 Thread Tonu Samuel
On Sat, 2002-11-30 at 14:46, Pae Choi wrote:
 If MySQL plays so dirty, go with PostgreSQL. It's been known
 to be better and more acceptable in all platforms. Ex, they
 have triggers, etc that MySQL does not have.

FUD. I pointed to information of FSF and people not related to MySQL.
Seems like you name FSF understanding about GPL dirty. I can't agree
with you.

   Tõnu


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Re: [OT] LEGAL information about MySQL.

2002-11-30 Thread Pae Choi
No. You are complete WRONG. I am encouraging people
who trying to sell their own products same as GPL. So
I am in the same line.

In addition, I am not expecting anyone has to agree with
me. That includes you as well.

And do not accuse me in such comment. You are starting
the flame. This is a warning!


Pae




- Original Message -
From: Tonu Samuel [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Saturday, November 30, 2002 7:59 AM
Subject: Re: [OT] LEGAL information about MySQL.


On Sat, 2002-11-30 at 14:46, Pae Choi wrote:
 If MySQL plays so dirty, go with PostgreSQL. It's been known
 to be better and more acceptable in all platforms. Ex, they
 have triggers, etc that MySQL does not have.

FUD. I pointed to information of FSF and people not related to MySQL.
Seems like you name FSF understanding about GPL dirty. I can't agree
with you.

   Tõnu


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Re: [OT] LEGAL information about MySQL.

2002-11-30 Thread Benjamin Pflugmann
Hi.

On Sat 2002-11-30 at 06:43:11 -0500, [EMAIL PROTECTED] wrote:
 Didn't you the previous posting that contains two paragraphs
 from GPL?

I saw these paragraphs. How do they relate to anything of this
discussion? They are taken out of context from the Preamble of the
license and only state some general intention. If you want to make
a point, please refer to the legal binding part.

 And if someone wants to sell the software that use the MySQL,
 then simply let them downlaod it. Then you will be out of this
 crap.

You obviously understand the GPL differently than the FSF does (see
the GPL FAQ: http://www.gnu.org/licenses/gpl-faq.html). The MySQL list
is not the appropriate forum to discuss this.

 Also, PostgreSQL will be your alternative option as well.

PostgreSQL is an interesting database, but the question was whether
software using MySQL must be distributed under GPL.

 P.S.: There are many commercial software using and distributing
 the software/packages under GPL, 

You keep repeating that, but this proves nothing. First, doing
something does not make it right. Second, there are quite some
possibilities for commercial software to comply with GPL. If you want
to make a point relevant to this list, cite a specific commercial
software package which is using a GPL product in a similar situation
as using MySQL would mean.

 why don't you sue them then.

Because I do not own the copyright on this software? Only the
copyright holder can sue. 


Well, as I said last time, the question is what MySQL AB thinks is
legally and it is up to them to sue if they consider it appropriate.
And it is ill-advised to suggest people to disregard what MySQL AB
thinks the GPL means.


I seriously wonder if you are just trolling.

Regards,

Benjamin.

-- 
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Re: [OT] LEGAL information about MySQL.

2002-11-30 Thread Pae Choi
Seems like all against I see are coming from MySQL team.
I know MySQL is stealing a lot of code from the public
domain, inclduing the SSL part. How funny!

I already mentioned in the previous message. I am only
encouraging the people to create more innovative works,
and Open Source based product team, MySQL, is actually
discouraging them. How beautiful!

Once again, all product inventors, use your own license
to pretoect your own rights. And let your customers
download any troublesome packages if necessary.


Pae


- Original Message - 
From: Benjamin Pflugmann [EMAIL PROTECTED]
To: Pae Choi [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED]
Sent: Saturday, November 30, 2002 8:18 AM
Subject: Re: [OT] LEGAL information about MySQL.


 Hi.
 
 On Sat 2002-11-30 at 06:43:11 -0500, [EMAIL PROTECTED] wrote:
  Didn't you the previous posting that contains two paragraphs
  from GPL?
 
 I saw these paragraphs. How do they relate to anything of this
 discussion? They are taken out of context from the Preamble of the
 license and only state some general intention. If you want to make
 a point, please refer to the legal binding part.
 
  And if someone wants to sell the software that use the MySQL,
  then simply let them downlaod it. Then you will be out of this
  crap.
 
 You obviously understand the GPL differently than the FSF does (see
 the GPL FAQ: http://www.gnu.org/licenses/gpl-faq.html). The MySQL list
 is not the appropriate forum to discuss this.
 
  Also, PostgreSQL will be your alternative option as well.
 
 PostgreSQL is an interesting database, but the question was whether
 software using MySQL must be distributed under GPL.
 
  P.S.: There are many commercial software using and distributing
  the software/packages under GPL, 
 
 You keep repeating that, but this proves nothing. First, doing
 something does not make it right. Second, there are quite some
 possibilities for commercial software to comply with GPL. If you want
 to make a point relevant to this list, cite a specific commercial
 software package which is using a GPL product in a similar situation
 as using MySQL would mean.
 
  why don't you sue them then.
 
 Because I do not own the copyright on this software? Only the
 copyright holder can sue. 
 
 
 Well, as I said last time, the question is what MySQL AB thinks is
 legally and it is up to them to sue if they consider it appropriate.
 And it is ill-advised to suggest people to disregard what MySQL AB
 thinks the GPL means.
 
 
 I seriously wonder if you are just trolling.
 
 Regards,
 
 Benjamin.
 
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Re: [OT] LEGAL information about MySQL.

2002-11-30 Thread Benjamin Pflugmann
Hello.

I do not intent to follow-up on the issue, as you are either trolling
or clueless (and not willing to inform yourself) or both.

On Sat 2002-11-30 at 08:30:52 -0500, [EMAIL PROTECTED] wrote:
 Seems like all against I see are coming from MySQL team.

But I want to prevent a misconception: I am in no way affiliated to
MySQL AB than being an user of their software.

Bye,

Benjamin.


 I know MySQL is stealing a lot of code from the public
 domain, inclduing the SSL part. How funny!
 
 I already mentioned in the previous message. I am only
 encouraging the people to create more innovative works,
 and Open Source based product team, MySQL, is actually
 discouraging them. How beautiful!
[...]

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