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MySQL AB Counter Sues NuSphere for GPL Violation
Rolan writes "Looks like MySQL AB and NuSphere are at it again. A LinuxGram story has all the details... MySQL canceled the distribution contract they had with NuSphere, prompting NuSphere to sue them. MySQL has counter sued for trademark infringement and GPL Violation. About 2/3 through the article is where the GPL Violation is covered, but an interesting read. One of NuSphere's Lawyers (according to Linux Gram, NuSphere denies it, but I think it's true, read for yourself) said that: "they will deny the charge and, if that doesn't work, deny that the GPL is enforceable."..."
"Free Software " declared RMS, "always starts with GNU".
As usual, it is worth pointing out that if the GPL were ever found unenforceable, then you have NO right under copyright law and international treaty to use the code - it doesn't suddenly become public domain.
This is one of the reasons the GPL tends not to get challenged - it's a lose-lose situation for a GPL infringer who challenges it in court:
Scenario a: GPL challenge fails. Infringer has to GPL all derived work of original GPL code that he wants to distribute. Presumably he didn't want to do this, otherwise he wouldn't have taken it to court...
Scenario b: GPL challenge succeeds. Infringer has to stop distributing all derived work of original GPL code, as he now has no rights granted to him by the original copyright holder to use the code.
Choice of masters is not freedom.
Speaking as the 1st person to ever engage in legal action to enforce a GPL (against an employer who wanted to violate a GPL back in 1989), I can say with reasonable certaintly:
#include <the_following_disclaimers.h>:- under US law
- in the general case
- results will depend on the
quality of your legal team and the
quantity of your $'s
...
- while copyright laws have changed since
1989, I recently received advice which
suggested that these changes have not
impacted the GPL enforceability
- IANAL
... :-)
We won. The employer was forced to obey the GPL. We even got my next employer to cover our legal billschongo (was here)
...WeSueYou where 'money' > 0
Damn the man.
------
Random, useless fact: I type in startx entirely with my left hand.
to test the GPL on.
Why? because there's no problems with either company being too big. Imagine trying to take AOL or Microsoft to court regarding the GPL, simply because they've got the money to hire good lawyers and "convince" the judge they were correct.
However, in a case like this, where both companies are pretty much equal, the judge will be more apt to look at the case fairly.
Granted, the GPL may not even come up in this case, as it's not the primary charge, but even still....
that's my penny's worth...
I still wants to know what exactly NuSphere did buy from MySQL AB?
MySQL seems to think that NuSphere didn't get any, MySQL just got loads of cash for nothing.
NuSphere (or actually Progress at the time) paid for being part of MySQL's GPL announcement in June 2000 and for being able under the interim agreement to use the MySQL trademark in their product name in three limited forms - not for registering any domains.
They made three monthly payments and then stopped paying.
The sum they paid may sound like "loads of cash" to one person, but with some 30 people on its payroll, MySQL AB's cost level is much higher.
-Marten Mickos, MySQL AB
In the GPL violation that MySQL AB has sued NuSphere for, the Gemini software component was statically linked to the GPL'd MySQL server.
Some more info: the MySQL DBMS can make use of a number of so called table handlers that go between the server and the storage system (which usually, but not always, is a disk). A vast majority of all MySQL installations run on the MyISAM table handler that MySQL AB has developed. Gemini is also a table handler, and it can be used in conjunction with or as a replacement for MyISAM. In addition to Gemini (which was developed by Progress / NuSphere) there are other third-party table handlers: Berkeley DB from Sleepycat Inc. and InnoDB from Innobase Oy. Each table handler has its pros and cons, and it depends on the application which one(s) you want to use. Overall, the existence of multiple table handlers for MySQL extends the range of applications for which MySQL can be successfully used. In a web application, MyISAM gives you excellent performance. In a traditional client/server multi-user environment, one of the third-party table handlers mentioned above may be most useful. A table handler for MySQL cannot be used as such with any other DBMS.
I hope this information is useful!
-Marten Mickos, MySQL AB