Re: About GPL and proprietary software

From: Dennis Gearon <gearond(at)fireserve(dot)net>
To: Robert Treat <xzilla(at)users(dot)sourceforge(dot)net>
Cc: "scott(dot)marlowe" <scott(dot)marlowe(at)ihs(dot)com>, Jan Wieck <JanWieck(at)Yahoo(dot)com>, Kaarel <kaarel(at)future(dot)ee>, Christopher Browne <cbbrowne(at)acm(dot)org>, "pgsql-general(at)postgresql(dot)org" <pgsql-general(at)postgresql(dot)org>, Marten G Mickos <marten(at)mysql(dot)com>
Subject: Re: About GPL and proprietary software
Date: 2003-09-23 16:11:00
Message-ID: 3F707094.9020001@fireserve.net
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Well,
I think it's a gift horse, this mysql thing. Postgres will certainly
benefit.

The mysql people should make a two level product, featurewise and
all, if the want to maintain their userbase. The lower level doesn't
need the fancy license and fees, the upper one does. An example of this
is various permutations and enhancements to the Zend PHP engine.

Robert Treat wrote:

>right, but thats not what he said.
>
>
>
>>>>"Your PHP app that requires MySQL, if distributed, will either have
>>>>to be GPL (or another OSI-approved and MySQL-approved open source
>>>>licence ) or you will need a commercial licence of MySQL."
>>>>
>>>>
>
>note the "if distributed", its key to the whole thing. if your just
>distributing php code then all is well and good, but if your
>distributing php code and mysql, then you gotta pay up.
>
>Robert Treat
>
>On Tue, 2003-09-23 at 11:26, scott.marlowe wrote:
>
>
>>I still feel MySQL is somewhat overstepping the bounds of the GPL. The
>>GPL makes it clear that if I don't link to GPL code, I'm not bound by it.
>>
>>I.e. I can sell closed source PHP code to a customer, let them install
>>their own PHP/Zend/MySQL server, IN ACCORDANCE WITH THE GPL, and then I
>>can install the encoded PHP and still be in keeping with the requirements
>>of the GPL.
>>
>>In fact, one of the requirements of the GPL is that you can't just add
>>requirements where you see fit. I.e. "your PHP app is commercial, it's
>>not linked to our GPL code, but you HAVE to GPL it or buy a commercial
>>license" violates the GPL itself.
>>
>>On Sat, 20 Sep 2003, Jan Wieck wrote:
>>
>>
>>
>>>FYI
>>>
>>>In answer to Kaarel's question
>>>
>>>Kaarel wrote:
>>>
>>>
>>>>Would a perl application using DBI have a similar problem? Or how would
>>>>one then legally use PHP with MySQL without GPL-ing your product and
>>>>without buying MySQL commercial license?
>>>>
>>>>
>>>Marten Mickos, CEO of MySQL AB Sweden answered and kindly gave me
>>>permission to forward his reply to our General mailing list for this
>>>question appears to be of broader interest:
>>>
>>>Marten G. Mickos wrote:
>>>
>>>
>>>>Kaarel, Jan
>>>>
>>>>Thanks for your email, Jan!
>>>>
>>>>Our guiding principle is to have all our source code open, and to
>>>>offer it free of payment (i.e. gratis) to those who commit to doing
>>>>the same. We have concluded that the GPL licence best fulfills this
>>>>principle, and that's why we use the GPL.
>>>>
>>>>Therefore the answer to Kaarel's question is:
>>>>
>>>>"Your PHP app that requires MySQL, if distributed, will either have
>>>>to be GPL (or another OSI-approved and MySQL-approved open source
>>>>licence ) or you will need a commercial licence of MySQL."
>>>>
>>>>Sometimes people say "But I cannot open source my application!" and
>>>>they may have valid reasons for this. Our response is then: "If you
>>>>have a valid reason not to be open source, wouldn't that same
>>>>reasoning apply to us?".
>>>>
>>>>This goes to the core of MySQL AB's business idea of Quid pro Quo -
>>>>if you are open source, we are open source - if you are closed
>>>>source, we are commercial.
>>>>
>>>>I hope this was an answer to the question. Please let me know if you
>>>>have any further questions.
>>>>
>>>>
>>>>Kind regards,
>>>>
>>>>Marten
>>>>
>>>>
>
>
>

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