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NuSphere vs. MySQL AB Hearing

An anonymous submitter sent in: "The hearing is over, and Adam Kessel posted a report about what happened in the court room. The judge is probably not going to issue a temp. injunction against NuSphere on the GPL violation, but probably WILL issue an injunction on trademark issues." Politech has another report on the hearing.

184 comments

  1. fp sissies by real_b0fh · · Score: -1

    kiss my ass!

    --
    "Contrary to popular belief, UNIX is user friendly. It just happens to be selective on who it makes friendship with"
    1. Re:fp sissies by L.Torvalds · · Score: -1

      You have bested me, sir. Like the French, I now surrender.

    2. Re:fp sissies by MMMMMMMMMMMMMMMMMMMM · · Score: -1

      Do you want french frises with that?

  2. WHAT THE FUCKING HELL IS ALL OF THIS ABOUT NOW? by L.Torvalds · · Score: -1

    I would like to dedicate this first post to the utter destruction of all muslims and leftists.

    Q: How do you kill a muslim?
    A: Slam the toilet seat over his head when he is getting a drink!

    Fuck you, fuck linux, and fuck open source. Microsoft Windows XP owns your bitch-asses.

    1. Re:WHAT THE FUCKING HELL IS ALL OF THIS ABOUT NOW? by Anonymous Coward · · Score: -1, Offtopic

      This post certainly implies the intelligence of a Windows XP advocate.

  3. Nutshell by The+Lyrics+Guy · · Score: -1

    Alice In Chains - Nutshell

    We chase misprinted lies
    We face the path of time
    And yet I fight
    And yet I fight
    This battle all alone
    No one to cry to
    No place to call home

    Oooh...Oooh...
    Oooh...Oooh...

    My gift of self is raped
    My privacy is raked
    And yet I find
    And yet I find
    Repeating in my head
    If I can't be my own
    I'd feel better dead

    Oooh...Oooh...
    Oooh...Oooh...

    1. Re:Nutshell by Fecal+Troll+Matter · · Score: -1

      Hey... Wait, what?

      HBO - Six Feet Under
      Do do do dooooo oo
      Do do do dooooo oo
      Do do di doo oo
      Ooo woo oo ooo

    2. Re:Nutshell by Mayor+McPenisman · · Score: -1

      Hey, can I make a request?
      To honor my leaving college and seeking professional help, I request 'With A Little Help From My Friends' by the Beatles.

      Easy one, huh?

      --
      [[Ay fukkand lyke ane furious Fornicatour]]
  4. First Post... by Anonymous Coward · · Score: -1, Troll

    Nyah Nyah... :P

    1. Re:First Post... by cjc84 · · Score: -1, Offtopic

      You are a minute too late there, try harder next time. (impersonating Nelson Muntz) "Ha ha!"

  5. i hate /. by Anonymous Coward · · Score: -1, Troll

    another missed post, why, oh why cant i just wait 20 sec.

  6. Blah by Anonymous Coward · · Score: -1, Troll

    Some people just have too much time on their hands...

    1. Re:Blah by Original+AIDS+Monkey · · Score: -1

      Some people just have too much time on their hands...

      Personally, I prefer a mixture of semen, feces, and blood on mine.

      --


      =======
      P.S. Bite! You've been bitten by the Original AIDS Monkey! You have AIDS now!
    2. Re:Blah by MMMMMMMMMMMMMMMMMMMM · · Score: -1

      broken glass, blood, feces, and semen on the floor.. what kinda library is that?

  7. More on the NuSphere case by Anonymous Coward · · Score: 5, Informative

    Here's some background: Boston judge to hear first test of GNU license used in MySQL and NuSphere replies to Politech post about FSF and Boston lawsuit. Looks like the GPL isn't an issue here after all -- in other words, it may just be a run-of-the-mill contract dispute between two parties.

    1. Re:More on the NuSphere case by Anonymous Coward · · Score: 0

      Excuse me, but what do you think the GPL is? I know it was written by Richard Stallman, but this in no way means it was handed down by God himself and should be held higher legally by the court systems.

    2. Re:More on the NuSphere case by Anonymous Coward · · Score: 0

      Okay, so the GPL doesn't mean crap. Tell us something we don't know. I've used lots of code in my work at my company and no one's going to do shit about it.

    3. Re:More on the NuSphere case by Anonymous Coward · · Score: 0

      if you've use *MY* code contrary to the terms of the license, i'll rip your nuts out through the top of your skull. But thats just me. Many folks prefer lawyers.

    4. Re:More on the NuSphere case by sinserve · · Score: 1

      That is funny, but I don't think anyone feels that
      way about source code.

      more like: "hey, good luck cleaning up the mess man, I didn't have much time to desgin it. Oh by the way,
      don't rearrange the order of inistantion of those
      two global classes, they depend on each other, what
      can I say, messy object model."

      --

    5. Re:More on the NuSphere case by Anonymous Coward · · Score: 0

      Even better, rip the LAWYERS nuts out through the top of their skull!

    6. Re:More on the NuSphere case by RMSIsAnIdiot · · Score: 0

      I think my username says it all.

      --

  8. take this account by Ralph+JewLover+Nader · · Score: -1, Flamebait

    password is linuxisgay

  9. ALL PRAISES TO THE PROPHET by Roto-Rooter+Man · · Score: -1


    Chapter 2: HE WHO SEES A WOMAN, AND HIS HEART IS AFFECTED, SHOULD COME TO HIS
    WIFE, AND SHOULD HAVE INTERCOURSE WITH HER

    Jabir reported that Allah's Messenger (may peace be upon him) saw a woman, and
    so he came to his wife, Zainab, as she was tanning a leather and had sexual
    intercourse with her. He then went to his Companions and told them: The woman
    advances and retires in the shape of a devil, so when one of you sees a woman,
    he should come to his wife, for that will repel what he feels in his heart.

    Jabir heard Allah's Apostle (may peace be upon him) say: When a woman fascinates
    any one of you and she captivates his heart, he should go to his wife and have
    an intercourse with her, for it would repel what he feels.

    Chapter 9: SEEKING CONSENT OF AL-THAYYIBIN MARRIAGE IN WORDS AND OF A VIRGIN IN
    (MEANINGFUL) SILENCE

    Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be
    upon him) as having said: A woman without a husband (or divorced or a widow)
    must not be married until she is consulted, and a virgin must not be married
    until her permission is sought. They asked the Prophet of Allah (may peace be
    upon him): How her (virgin's) consent can be solicited? He (the Holy Prophet)
    said: That she keeps silence.

    Chapter 10: IT IS PERMISSIBLE FOR THE FATHER TO GIVE THE HAND OF HIS DAUGHTER IN
    MARRIAGE EVEN WHEN SHE IS NOT FULLY GROWN UP

    'A'isha (Allah be pleased with her) reported that Allah's Apostle (may peace be
    upon him) married her when she was seven years old, and he was taken to his
    house as a bride when she was nine, and her dolls were with her; and when he
    (the Holy Prophet) died she was eighteen years old.

    Chapter 14: EXCELLENCE OF EXMANCIPATING A SLAVE-GIRL AND THEN MARRYING HER

    Abu Musa reported that Allah's Messenger (may peace be upon him) said about one
    who emancipated a slave woman, and then married her, that for him there are two
    rewards.

    Chapter 17: IT IS NOT PERMISSIBLE TO MARRY A WOMAN WHO IS DIVORCED BY THREE
    PRONOUNCEMENTS UNTIL SHE IS MARRIED TO ANOTHER MAN AND HE HAS A SEXUAL
    INTERCOURSE WITH HER, AND THEN HE ABANDONS HER AND SHE COMPLETES HER 'IDDA

    'A'Asha (Allah be pleased with her) reported: A person divorced his wife by
    three pronouncements; then another person married her and he also divorced her
    without having sexual intercourse with her. Then the first husband of her
    intended to remarry her. It was about such a case that Allah's Messenger (may
    peace be upon him) was asked, whereupon he said: No, until the second one has
    tasted her sweetness as the first one had tasted.

    Chapter 19: PERMISSIBILITY OF HAVING SEXUAL INTERCOURSE WITH ONE'S WIFE FROM THE
    FRONT OR FROM BEHIND AVOIDING THE ANUS

    Jabir (b. Abdullah) (Allah be pleased with him) reported that the Jews used to
    say that when one comes to one's wife through the vagina, but being on her back,
    and she becomes pregnant, the child has a squint. So the verse came down:" Your
    wives are your ti'Ith; go then unto your tilth, as you may desire."

    This hadith has been reported on the authority of Jabir through another chain of
    transmitters, but in the hadith transmitted on the authority of Zuhri there is
    an addition (of these words):" If he likes he may (have intercourse) being on
    the back or in front of her, but it should be through one opening (vagina)."

    Chapter 22: AL AZL (INCOMPLETE SEXUAL INTERCOURSE): COITUS INTERRUPTUS

    Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): 0 Abu Sa'id,
    did you hear Allah's Messenger (may peace be upon him) mentioning al-'azl? He
    said: Yes, and added: We went out with Allah's Messenger (may peace be upon him)
    on the expedition to the Bi'l-Mustaliq and took captive some excellent Arab
    women; and we desired them, for we were suffering from the absence of our wives,
    (but at the same time) we also desired ransom for them. So we decided to have
    sexual intercourse with them but by observing 'azl (Withdrawing the male sexual
    organ before emission of semen to avoid-conception). But we said: We are doing
    an act whereas Allah's Messenger is amongst us; why not ask him? So we asked
    Allah's Mes- senger (may peace be upon him), and he said: It does not matter if
    you do not do it, for every soul that is to be born up to the Day of
    Resurrection will be born.

    Chapter 23: IT IS FORBIDDEN TO HAVE INTERCOURSE WITH A PREGNANT SLAVE-WOMAN

    Abu Darda' (Allah be pleased with him) related from the Prophet of Allah (may
    peace be upon him) that he came upon a woman who was in the advanced stage of
    pregnancy at the door of a tent. He (the Holy Prophet) said: Perhaps he (the man
    accompanying her) intends to cohabit with her. They said: Yes. Thereupon Allah's
    Messenger (may peace be upon him) said: I have decided to curse him with such a
    curse as may go along with him to his grave. How can he own him (the child to be
    born) and that is not lawful for him, and how can he take him as a servant for
    that is not lawful for him?

    Chapter 24: PERMISSIBILITY OF INTERCOURSE WITH A SUCKLING LADY AND DISAPPROVAL
    OF 'AZL

    Judama daughter of Wahb, sister of Ukkasha (Allah be pleased with her).
    reported: I went to Allah's Messenger (may peace be upon him) along with some
    persons and he was saying: I intended to prohibit cohabitation with the suckling
    women, but I considered the Greeks and Persians, and saw that they suckle their
    children and this thing (cohabitation) does not do any harm to them (to the
    suckling women). Then they asked him about 'azl, whereupon he said. That is the
    secret (way of) burying alive, and Ubaidullah has made this addition in the
    hadith transmitted by al-Muqri and that is:" When the one buried alive is
    asked."

    Chapter 27: ONE SUCKLING OR TWO DO NOT MAKE MARRIAGE UNLAWFUL

    Umm al-Fadl reported: A bedouin came to Allah's Apostle (may peace be upon him)
    when he was in my house and said: Allah's Apostle, I have had a wife and I
    married another besides her, and my first wife claimed that she had suckled once
    or twice my newly married wife, thereupon Allah's Apostle (may peace be upon
    him) said: One suckling or two do not make the (marriage) unlawful.

    Chapter 28: SUCKLING OF A YOUNG (BOY)

    ' A'isha (Allah be pleased with her) reported that Sahla bint Suhail came to
    Allah's Apostle (may peace be eupon him) and said: Messengerof Allah, I see on
    the face of Abu Hudhaifa (signs of disgust) on entering of Salim (who is an
    ally) into (our house), whereupon Allah's Apostle (may peace be upon him) said:
    Suckle him. She said: How can I suckle him as he is a grown-up man? Allah's
    Messenger (may peace be upon him) smiled and said: I already know that he is a
    young man 'Amr has made this addition in his narration that he participated in
    the Battle of Badr and in the narration of Ibn 'Umar (the words are): Allah's
    Messenger (may peace be upon him) laughed.

    Chapter 29: IT IS PERMISSIBLE TO HAVE SEXUAL INTERCOURSE WITH A CAPTIVE WOMAN
    AFTER SHE IS PURIFIED (OF MENSES OR DELIVERY) IN CASE SHE HAS A HUSBAND, HER
    MARRIAGE IS ABROGATED AFTER SHE BECOMES CAPTIVE

    --

    The goatse guy for president. Win one for the gaper!
  10. the short of it.... by univgeek · · Score: 3, Informative
    The GPL is being treated as any other software licence, and the legality of the GPL itself is not being questioned - yet.


    Also the judge didn't want to get into the technicalities as they were way beyond her at this point.


    MySQL wins on the trademark count (for now at least), but the motion on the GPL violation is being pushed to August.

    --
    All bow to his Noodliness!! His Noodle Appendage has touched me!
  11. Victory! by Ralph+JewLover+Nader · · Score: -1

    This account has been hijacked by the one and only Ralph JewHater Nader! Death to all kikes!

  12. Hear this, you bunch of buggers! by Serial+Troller · · Score: -1
    • 2002. Slashdot publishes 1,000,000th rumor passed off as actual story. The story generates 480 comments, 263 of which agree with the article, and 107 of which point out it's a rumor and are modded down as redundant. The remaining comments are all "first posts."
    • 2002. CmdrTaco married to Kathleen Fent. Many geeks believe Kathleen, a purported transvestite, outmeasures CmdrTaco.
    • 2002. Slashdot parent corporation VA Research^W Linux^W Software stock worth 35 cents. Rumors that AOL, Microsoft, or even Jimmy the hobo who lives under the Longfellow Bridge may buy it.
    • 2003. VA Software bought by Microsoft for a cup of coffee and a donut. All Microsoft-critical articles mysteriously disappear from Slashdot. Bill Gates as Borg logo replaced with Bill Gates as God.
    • 2003. Papperatzi videos of Miguel de Icaza caught going down on Bill Gates in his private yacht spread across Usenet. Miguel swears that recent decisions to rename the Gnome desktop to "Windows NT 6.0" have nothing to do with it.
    • 2004. CmdrTaco loses virginity.
    • 2004. The WIPO Troll returns again, showering Slashdot in 45,000 copies of the same post: "Lick my crotch hairs." Slashdot, despite running on 18 redundant IIS/8.0 servers, buckles under the load. The term "Slashdotted" is replaced with "WIPO-Trolled."
    • 2004. Slashdot officially shut down. Millions of screaming, unwashed geeks invade Redmond campus and lynch Bill Gates.
    • 2005. Linus Torvalds and Anal Cox found dead along with six penguins, an empty tub of crisco and several used condoms. Millions of screaming, unwashed geeks invade Redmond campus and lynch Steve Ballmer.
    • 2005. CmdrTaco rumored to have had sex again.
    • 2006. CowboiKneel found dead in hotel room with 56 pizza boxes covering his bloated corpse. Three suffocated gay prostitutes are extracted from beneath his body as police remove it with a backhoe.
    • 2007. CmdrTaco actually has sex again. With a woman.
    • 2007. BSD is still officially "dying." No word on when its demise will take place.
    • 2007. CmdrTaco starts new weblog to replace Slashdot, creatively named Dotslash. Remainder of Linux users flock to the site and immediate WIPO-Troll it out of existence.
    • 2008. CmdrTaco has sex with his wife for the first time.
    • 2009. After years of living under the heel of his domineering wife, and being deprived of the homosexual orgies of the past, CmdrTaco commits suicide. Another sweaty geek mob gathers and tears Kathleen Fent to shreds. Geeks discover Ms. Fent was indeed a woman, but don't exactly know what that means. Driven by their sexually-repressed rage, they subsequently invade Redmond again and lynch the current CEO of Microsoft, Miguel de Icaza.
    • 2010. Microsoft is blamed for the assassination of Richard Stallman. Redmond invasions by geek hordes become commonplace.
    • 2011. Microsoft campus burnt to the ground by screaming, unwashed geek mob after Microsoft is blamed when a Linux hacker in Cambridge, Massachusetts spills his coffee on his pants.
    --

    STOP ME BEFORE I POST AGAIN!

    1. Re:Hear this, you bunch of buggers! by herbert_axelrod · · Score: -1

      This timeline tells nothing of the recent matrimonial union between Richard Stallman and Alan Cox.

  13. I wish MySQL would be broke already by Anonymous Coward · · Score: -1, Troll

    MS SqlSever is much better!

  14. Fat Dyke Alert! by Original+AIDS+Monkey · · Score: -1

    Rosie O'Donnell: Proof that fags are ruining America.

    --


    =======
    P.S. Bite! You've been bitten by the Original AIDS Monkey! You have AIDS now!
    1. Re:Fat Dyke Alert! by Fecal+Troll+Matter · · Score: -1

      0h n0 jo0 g4v3 m3h t3h a1dz!!##!@#@

  15. Dear RoboTroll, by RoboTroll · · Score: -1
    You truly are a man to be honored and revered. Because of you, I laughed this morning. I laughed and felt full of joy because you trolls are genuinely funny. Without your trolls, I am not sure what I would do. Probably live a depressed, boring, meaningless life. Thank you so much for the joy you bring to my life.

    Sincerely,

    Anonymous Coward

    From the annals of the Troll Library .

  16. gee the S/N ratio on slashdot is low today... by Anonymous Coward · · Score: -1, Troll

    probably because linux sucks.

  17. michael fucks goats by Anonymous Coward · · Score: -1, Troll

    yum yum yummy goat sex with the michael and the goats and the awwwwww yeahhhhh....

  18. Jesus was a Negro. by Bacillus0101 · · Score: -1

    See subject.

  19. Link to the GPL by Yoda2 · · Score: 2, Informative

    Thought a link to the actual GPL might be helpful. Here it is. My (limited) understanding is that NuSphere released a product statically linked to MySQL, but did not release the software under GPL and therefore violated GPL.

    1. Re:Link to the GPL by sinserve · · Score: 5, Funny

      OMFG!

      Did you just link to the GPL? Dude, I have a cron
      job the searches my harddisk for the GPL and deletes it, incase I have
      installed new software.
      Infact, the perl script invoked by cron not only
      does look for the name "COPYING", it also does an
      MD5 checksum, and knows about the finger prints of
      both GPL versions.

      The next release will be network enabled, and we
      are aiming for a full blown web crawler, of google
      proportions, that does nothing but exploit servers
      and delete GPLs.

      The world needs only ONE GPL, in Stallman's box, and
      the rest of us can symlink to it.

      --

    2. Re:Link to the GPL by sinserve · · Score: 1

      So, in a way, I am inventing the world's first
      immunition for a "viral" outbreak ;-D

      --

    3. Re:Link to the GPL by Anonymous Coward · · Score: 0

      Furthermore, any program which uses a library which is released under the GPL can be distributed commercially, but must include a written offer valid for any third party . Of course, a free program must be provided on a physical medium It appears that any program which uses fork() and exec() to invoke separate programs which are released under the GPL is covered by the GNU LGPL . So far, modified versions you distribute must be made available with its complete source code under the GNU LGPL. Let us continue to suppose that any program which makes a system call to run separate programs which are released under a GPL-compatible license can be modified and redistributed under the GNU GPL . Notice, incidentally, that the source code for all derivative works must be made available with its complete source code under the GNU GPL.

    4. Re:Link to the GPL by Anonymous Coward · · Score: 0

      It may be, then, that a GPL-covered program can be modified and redistributed under the GNU LGPL . The GPL is a free software license, and therefore a library covered by the GNU GPL must be provided on a physical medium However, this assumption is not correct, since a program released under the GPL can be modified and used internally without releasing it . We have already seen that any program which is merely aggregated to separate programs which are released under a proprietary license is covered by the GNU GPL According to section 2 of the GPL, binaries you distribute for download must be provided on a physical medium . On the other hand, any program which is merely aggregated to separate programs which are released under the GPL is covered by the GNU LGPL

    5. Re:Link to the GPL by Anonymous Coward · · Score: 0

      Let us continue to suppose that any program which makes a system call to run separate programs which are released under a proprietary license must be made available with its complete source code under the GNU LGPL. . For one thing, any program which uses a library covered by a special exception of the GNU GPL can be modified and redistributed under the GNU GPL The GPL says that a free program is covered by the GNU GPL . However, this assumption is not correct, since any program which is merely aggregated to separate programs which are released under a proprietary license can be distributed non-commercially, but must include a written offer valid for any third party On our assumptions, any program which is sold commercially under the GNU GPL must be licensed to all third parties under the GPL . It must be emphasized, once again, that any program which makes a system call to run separate programs which are released under a proprietary license can be modified and redistributed under the GNU GPL

  20. YO MOTHA FUCKA by Bacillus0101 · · Score: -1

    Jesus

    _________was

    _____________________black

    a mothafuckin' men.


    where be my welfare check yo?

  21. Nusphere fixed the issue by topham · · Score: 5, Informative


    Nusphere fixed the basic issue here; they no longer distribute without source code.

    MySQLs actions make little sense, they are acting like spoiled children who didn't get their way. (Incomprehensible to me; I think an ego clash occured)

    MySQL can't claim damages with regard to the GPL because there aren't any. If you look at the information released the other day you'll note near the end (EFF statement) That Nusphere fixed the problem; That EFF encourages compliance, not court action; and the short acknolwedgement that they believe Nusphere violated the license.

    You would note near the beginning they state the purpose of the GPL and their general intent to reach a compliance.

    1. Re:Nusphere fixed the issue by SirGeek · · Score: 1
      Nusphere fixed the basic issue here; they no longer distribute without source code.

      I think the issue is that they STILL have proprietary code (shipping without source code) linking to the mySQL Libraries (thus violating the GPL).

    2. Re:Nusphere fixed the issue by Anonymous Coward · · Score: -1, Flamebait

      Um.... yah. We really care. Here is a real OS; use it to email someone who gives a flying shit.

    3. Re:Nusphere fixed the issue by Original+AIDS+Monkey · · Score: -1

      The GPL is meaningless, plz fix thnx!

      --


      =======
      P.S. Bite! You've been bitten by the Original AIDS Monkey! You have AIDS now!
    4. Re:Nusphere fixed the issue by yamla · · Score: 5, Informative
      Nusphere fixed the basic issue here; they no longer distribute without source code.

      Assuming this is true (I have read conflicting reports), the GPL does not actually allow you to 'fix the basic issue' and then continue on as you wish.

      Section four of the GPL states:

      You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

      Once Nusphere initially released without source code (they claimed source would be available later), they were, strictly speaking, in violation of the GPL and by section 4, automatically terminated any claims to a license that they had.

      Now, most reasonable companies would allow them to get into compliance with the GPL, then drop the matter. MySQL decided not to. While I do not agree with this action, it is, strictly legally speaking, the right thing for MySQL to do in this situation.

      --

      Oceania has always been at war with Eastasia.
    5. Re:Nusphere fixed the issue by GSloop · · Score: 1

      I think the point of not letting Nusphere fix the problems after the fact, come from the following delimma.

      Do we let anyone release binary modifications, and only punish them after they get caught?

      The GPL becomes mostly toothless, if you can abuse as much as you like, but when you get caught, you "quick, release the source..."

      So, the point can be made that Nusphere, it seems needed to be "taught a lesson" and used to make an example.

      I don't know that I agree with the result, I don't really know enough about the case. But I'm sure that this is something to think about.

      It's more about obeying the spirit of the law, rather than the technical license of the law. The GPL can't be too loose on enforcement, otherwise everyone will learn that you can fudge, but fix it if and when you get caught and think it might cost you...

      Just some thoughts.

      Cheers!

    6. Re:Nusphere fixed the issue by Arker · · Score: 2

      Now, most reasonable companies would allow them to get into compliance with the GPL, then drop the matter. MySQL decided not to.

      Normally, yes. However, it's important to note that the offended party has no requirement to forgive such violations, and that is intentional.


      While I do not agree with this action, it is, strictly legally speaking, the right thing for MySQL to do in this situation.

      If this were a simple, onetime mistake I would agree with you. However NuSphere has been making an arse of themselves and being a thorn in MySQLs side for years. There is a lot of history here, and NuSphere's part is VERY blamewourthy. Given the history, I don't blame MySQL in any way for this - if I were them I'd do the same damn thing. Make no mistake, NuSphere picked this fight, not MySQL. MySQL just happens to have section 4 on their side.


      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    7. Re:Nusphere fixed the issue by renehollan · · Score: 2
      I do recall, though, RMS causing a bit of a stir when TrollTech finally made Qt free. He pointed out that previously distributing otherwise-GPL code linked against Qt was a GPL violation, and, while the problem no longer existed, prior violators had to be *technically* absolved of their previous sin before they could redistribute once more. IIRC, he also urged the relevent copyright holders to forgive the gaffe.

      At the time, the /. crown seemed pretty upset that RMS was being so pedantic about license complience, though I found that he was just pointing out a technicality.

      So, it would appear that RMS, at least, intends for GPL violators to be forever prohibited from redistrubution of the relevent work unless forgiven. This is not inconsistent with also suggesting that returning to complience result in forgiveness - it just gives the GPL some teeth.

      --
      You could've hired me.
    8. Re:Nusphere fixed the issue by throx · · Score: 2

      Read Section 6:

      "Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions." (my emphasis added).

      All NuSphere has to do is prove that MySQL AB distributed the program again and their licence was reinstated. The concept that they've lost their licence to redistribute because of past transgressions is baloney.

      --

      Fear: When you see B8 00 4C CD 21 and know what it means

    9. Re:Nusphere fixed the issue by GooberToo · · Score: 1

      Except that it's invalidated by section 4 once they were in violation of it. This is why they would need to be forgiven.

      Like it or not, that's one of the reasons of why the license works. If you violate it, you lose all rights to use/redistribute.

    10. Re:Nusphere fixed the issue by throx · · Score: 2

      It isn't invalidated by section 4 for the simple reason that it is a new license. They were in breach of the old contract but section 6 is quite clear in that you get a new grant of the license every time you receive the code, hence you get a fresh chance to do the right thing.

      Like it or not, if you violate the GPL (IMHO) it's quite clear that you regain your rights to distribute once you fall within compliance again.

      --

      Fear: When you see B8 00 4C CD 21 and know what it means

    11. Re:Nusphere fixed the issue by GooberToo · · Score: 2

      To say that it is circular and obtuse logic is an understatement and clearly not within the spirit of what was placed on paper. Cry all you like, the intent is rather obvious and this generally carries significant weight when being reviewed by a court.

      Using your logic, one is encouraged to break the law as there is no penalty which was CLEARLY not the intension. Rather, it's intent (which is equally clear) is to restrict your freedom once you've decided to spit on the GPL. This only makes sense as it's quid pro quo. That is, since the violator has decided illegally to restrict everyone else's rights to what should be freely available, which flies in the face of the intent of GPL, it in turn, ensures the violator has no rights which forces you back to the table greatly weakened.

    12. Re:Nusphere fixed the issue by throx · · Score: 2

      I'm interested in where this obvious "intent" is. Everything I see in the license reads very much of the intent to allow source to get out there among entities that are in complaince with the license.

      You seem to forget that the discussion isn't about entities that are CURRENTLY in violation of the license. There is a clear penalty for breaking the GPL still - you cannot distribute the code you produce until you are in compliance with the license. The whole need for "forgiveness" from the copyright holder is a rather weak interpretation which comes from people who see a need to perpeptually punish individuals or organisations that step over the line rather than the clear reading of section 6 which gives the intent to allow any company that is in compliance with the GPL's statutes to distribute further.

      You also forget that even under some wild interpretation of the GPL which bars an entity forever from using a certain piece of software that it is a trivial exercise to create a separate entity which gains all the IP of the previous entity and yet is not encumbered by the "need for forgiveness" that you are clutching at.

      In the end the "intent" of the GPL is to make software free (as professed ad infitium by the FSF). Chaining down companies for past mistakes is NOT making software free - it is a pursuit of vendettas. The FSF has also stated many times that their goal is to bring companies into compliance with the GPL rather than force them out of business. I'm sorry, but there is no intent (clear or obscure) to hold back companies which are currently in compliance with the license's terms.

      --

      Fear: When you see B8 00 4C CD 21 and know what it means

  22. For crying out loud by Anonymous Coward · · Score: -1, Offtopic

    Just admit you're the WIPO troll already, S.T.

    1. Re:For crying out loud by Serial+Troller · · Score: -1

      Why are there more conspiracy theories surrounding WIPO Troll than the JFK Assassination?

      --

      STOP ME BEFORE I POST AGAIN!

    2. Re:For crying out loud by MMMMMMMMMMMMMMMMMMMM · · Score: -1

      If I tell you, I will have to kill you.

    3. Re:For crying out loud by Serial+Troller · · Score: -1

      It's all J'raxis's fault! Wait, I'm J'raxis. Right!? Hah.

      --

      STOP ME BEFORE I POST AGAIN!

  23. Good summary by Anonymous Coward · · Score: 2, Interesting
    The NewsForge summary seems to be pretty good, especially when the author ponders about just what the infamous termination clause means, and how someone might be able to get re-licensed once s/he's violated the license. (Are you unable to use that code for life? Can you get a new license by re-downloading the code?)

    IMO, this is a very nasty detail that's left hanging in the license, and should be fixed in the next version. If nothing else, the license should explicitly say that you lose all rights to use the software "until you are granted explicit permission, in writing, by the original author", or something similar.

    1. Re:Good summary by FooKuff · · Score: 1

      The GPL doesn't say more than a few words about "use" of software and they are pretty much "use it all you want". The license is about distribution. I think you meant to say distribution, since that is the context of the discussion, but it seems to me the distinction is important.

      No one is saying NuSphere can't *use* the software, what they're saying is that NuSphere intentionally violated the GPL and that in addition they're being fookin' annoying to MySQL AB so the AB folks are not going to just let them start *distributing* the software again, compliant or no.

      As to some of the issues you mention, I think it's fairly obvious that "you" in the license means the person or entity involved. So conceivably NuSphere could engage in some old shell game and maybe become a different legal entity and then be able to distribute again-- but that's not easy, cheap, or likely to make much sense to their customers.

      But the whole thing about sharing the code doesn't make sense at all. If you share the code, you are following the GPL. If you share binaries, eventually you're going to want to recompile (if you're a distributor) -- not possible without the code. Which throws that whole hypothetical paradox on its ear if you ask me.

  24. FSF: All your code are belong to us... by Ooblek · · Score: 1

    I like that part about how everyone should sign their code over to the FSF so that it could be defended by an organization with money. Is this their only purpose of existence? Beware of your friends when lots of money is involved.

  25. Technology and Judges by Max+the+Merciless · · Score: 3, Insightful

    It seems there is a desperate need for some tech savvy judges. Perhaps a "Court of Technology" should be established.

    The current system seems kinda like slashdotters passing judgement on the latest fashions from Paris.

    --
    * * Always question "the National Interest" - 9 times out of 10 it is a cover for evil
    1. Re:Technology and Judges by sconeu · · Score: 3, Interesting

      I have full confidence that the DMCA will be destroyed in court - it just takes time for a good test case to come to light

      What was wrong with MPAA v. 2600? Or the Felten case? Or the Sklyarov/ElcomSoft case (though that has yet to come to trial)?

      In case you don't remember, in the 2600 case, the DMCA came up, and free speech got reamed.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:Technology and Judges by NumberSyx · · Score: 2

      It is my opinion the EFF has bungled every attempt it has made to get the DMCA declared unconstitutional. The EFF has poured millions of dollars into various defences and failed to deliver even one decisive action in its favor, even though supporters of the DMCA has failed to prove any loses what so ever to piracy. The problem seems to be is the EFF is playing a defensive game, it is only reacting as issues arise. Most of the time they react badly.

      The RIAA and the MPAA fight dirty, they only go after cases where they know they will win and public opinion will be with them. They have deep pockets and lots of lawyers. But there is a chink in thier armor, when they threatened Felton, the EFF reacted by immeaditly going public, when public opinion turned against the RIAA they backed down, Felton gave his speech and then the EFF lost in court by winning. What should have happened is when Felton recieved the threatening letter he should have forced the RIAA to file the suit by writing the following message back.

      TO: RIAA
      From: Prof. Felton
      Subject: DMCA
      Body: BLOW ME!

      This almost certainly would have produced the desired effect, once the lawsuit was filed, and the rest would have been history. Of course 20-20 hindsight is a wonderful thing.

      Another thing the EFF should consider is going on the offense and filing a class action lawsuit against everyone who has presued prosecution under the DMCA or possibly the US Government. In order to do this real harm must be shown, and this is were the real problem is. I personally consider loss of freedom of speech, freedom of the press and fair use, to be real loss. However in post 9/11 America, I seem to be alone, personal freedom is at an all time low and no one cares. In order to carry out a class action lawsuit, the EFF would need to prove real financial loss on the part of the victims and prove direct profit on the part of the defendent. Not an easy task when the RIAA and the MPAA have already characterized themselves as the victims of Hacker, Pirates, Thieves and dope smoking hippies.

      --

      "Our products just aren't engineered for security,"
      -Brian Valentine,VP in charge of MS Windows Development

    3. Re:Technology and Judges by Max+the+Merciless · · Score: 1

      Well it seems the Judges and lawyers waste valuable time and a huge amount of money while the judge grapples with understanding the technology involved in each case. Even then there is a risk that judges are making decisions an unsound technological understanding. A speciality court could assume a great deal of knowledge on behalf of judges resulting in quicker, cheaper and more informed decsions.

      How many small time companies can afford to pay lawyers while a judge spends day after day trying to get his or her head around the basics of the technology?

      How open to FUD is the system while judges don't know what they are really dealing with?

      The Supreme Court is a speciality court dealing with constitutional law. The Family Court specialises in family law. This is because they are very complicated areas. In other areas of society we employ specialist professionals (an aeronautical engineer handles different work to a naval engineer or civil engineer), why should the law necessarily be different?

      I'd rather have a judge who knows that Word Perfect and MS Word are different products making decsisions whihc have big ramifications on the Net and technological sector!

      --
      * * Always question "the National Interest" - 9 times out of 10 it is a cover for evil
    4. Re:Technology and Judges by October_30th · · Score: 1

      IIRC, the judge in the Microsoft monopoly case removed the Internet Explorer from Windows (something Microsoft had said was impossible) by himself.

      --
      The owls are not what they seem
    5. Re:Technology and Judges by Anonymous Coward · · Score: 0

      I agree that we do not need a special court for technology. But I do firmly believe that studies in technology should become a prereq for both taking the bar and sitting on the bench. When you have 2 opposing parties with an arguement, a judge who doesn't understand the arguement is useless. The problem isn't with the legal system, its with the education of those who practice in the system.

    6. Re:Technology and Judges by maxpublic · · Score: 1

      violation of licensing agreement should be enforced the same whether it is MS's EULA.

      The MS EULA isn't a valid licensing agreement. It doesn't even meet the basic requirements of contract law. No court has upheld a EULA as a valid form of contract.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    7. Re:Technology and Judges by Anonymous Coward · · Score: 0

      The problem (judges having to get their heads around technology) isn't limited to the tech industry -- it applies to insurance, banking, widget manufacturing, and so on. So everyone's pretty much on equal footing.

      The alternative is having judges selected by domain knowledge, but where do you think they will find these judges? Imagine Bill Nukeom sitting on the federal bench in this case -- after all he worked at Microsoft for 20 years, so he *must* be the expert in tech issues.

      I'd rather have a tech-illiterate like Jackson who is able to cut through the bullshit (with the help of the proper advisers) and get to the core legal issues.

    8. Re:Technology and Judges by Anonymous Coward · · Score: 0

      Yeah, he dragged the icon into the trash can and said "See it's gone!", and when all the poindexters objected he told them to shut up.

    9. Re:Technology and Judges by mpe · · Score: 2

      We do not need a special court of technology, for several reasons.

      Nor should we need special laws for specific technologies either. A well written law should cover doing something old with new technology perfectly well. Only if a new technology makes something new possible do you need new laws. N.B. simply making something easier does not make it "new".

      First, the law is The Law. It's interpretation should not change based on the plantiff or its paritcular singular application - a violation of licensing agreement should be enforced the same whether it is MS's EULA or the GPL.

      IMHO It makes more sense to group the GPL with publishing contracts or even contracts for live music performances

    10. Re:Technology and Judges by mpe · · Score: 2

      Well it seems the Judges and lawyers waste valuable time and a huge amount of money while the judge grapples with understanding the technology involved in each case.

      Simply because a case involves technology does not mean that the details of the technology are relevent. Copyright infringment is not fundermentally different in the case of this kind of GPL infringement from a publisher failing to pay an author or someone hiring a band to play a venue then trying to change the rider after the performance...

      A speciality court could assume a great deal of knowledge on behalf of judges resulting in quicker, cheaper and more informed decsions.

      Or it could be a small clique easily bought off by monied interests...

    11. Re:Technology and Judges by mpe · · Score: 3, Insightful

      When you have 2 opposing parties with an arguement, a judge who doesn't understand the arguement is useless.

      Rather the judge is incompetant if they attempt to make a ruling when they don't understand the case. All he or she has to say is something to the effect of "If you can't explain your arguments to my understanding I'm dismissing the case."

    12. Re:Technology and Judges by Max+the+Merciless · · Score: 1

      If your Karma is 50, why do you post at only 1?

      --
      * * Always question "the National Interest" - 9 times out of 10 it is a cover for evil
  26. Way to keep slappin' dick on these bitches, nig. Christ was killed because suckas couldn't handle his mad flows.

    --


    =======
    P.S. Bite! You've been bitten by the Original AIDS Monkey! You have AIDS now!
  27. Irreperable Injury by bwt · · Score: 5, Interesting

    The judge seemed to weigh that putting NuSphere out of business was a big deal in the "balance of harms" and didn't see clearly what the "irreperable injury" the other way was. As Jack Valenti would say, if Nusphere has based their business model on piracy, then they should be imprisoned, not just slapped with an injunction.

    The GPL is not a gift. It is a barter offer: I allow certain carefully constrained uses of my IP and in return you offer any intellectual property you create some as a result of my good will back to "the pot". In software development, time is a critical element: if one competitor can benefit from the IP of the other and mix in its own IP without disclosure, then the cheater has gained an unfair advantage. If its cheating is part of a business venture, then its entire profit stream is usurped from the good faith party as a direct result of its bad faith dealings.

    For this reason the GPL essentially says "if you ever cheat, you get the death penalty". Without this clause, freeloaders could perpetually use gamesmanship and delaying tactics to obtain competitive advantage in the bartering of "hot" IP. To assure that bad faith cannot usurp the original author's valuable IP contributions, the GPL revokes all rights for the smallest infraction in order to assure that any "negotiation" will occur with the position of strength emphatically given to the original author.

    The irreparable harm inflicted by not issuing an injunction is that NuSphere can continue to profit from a business model that is based on outright theft of intellectual property. The moment they were notified of GPL noncompliance, section 4 of the GPL revoked their licence. They are distributing and indeed modifying a copyrighted work in direct defiance of the authority of the copyright holder with the intent to profit. That is not only irreperable harm, it is stealing, and it is CRIMINAL if it is done willfully (17 USC 504).

    1. Re:Irreperable Injury by GSloop · · Score: 1

      A small complaint. I don't think that copyright violations should be called stealing or theft. It may be a violation of the license of copyright, but I disagree with calling it stealing.

      Sorry if you disagree. I don't mean to mimimize the impact, but I do disagree with the term.

      By the way, very good comments. I do like the "Death Penalty" analogy. I also the barter analogy. It seems as though many argue that the GPL doesn't put any restrictions on you, but it does. (Perhaps they don't like the word "restrictions" huh? [Grin]) Anyhow, thanks for the comments.

      Cheers!

    2. Re:Irreperable Injury by Anonymous Coward · · Score: 0

      Right. But this was a preliminary injunction, not the final appeal. So as far as I understood it, the judge was saying that at this point she neither knew nor cared what the license said, or whether NuSphere violated it, or whatever. _if_, after proper trial and all that, NuSphere violated the license, down comes the guillotine. But while the courts are figuring that question out, let's let NuSphere live. Sounds reasonable to me...

    3. Re:Irreperable Injury by SerpentMage · · Score: 2

      While you may see this, the judge does not. The problem with the GPL is that it is new for the legal system. And as such they cannot simply say "Oh lets knock off this company because they are illegal".

      Right now legally speaking the company is innocent until proven guilty. (Even if we know otherwise or think otherwise) This is a justice...

      The comparison to piracy is incorrect since that has already been determined to be illegal. Remember how long it took to make hacking and cracking illegal.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    4. Re:Irreperable Injury by mpe · · Score: 2

      The GPL is not a gift. It is a barter offer: I allow certain carefully constrained uses of my IP and in return you offer any intellectual property you create some as a result of my good will back to "the pot".

      Also the GPL has a lot more in common with regular contracts than any EULA. Indeed it isn't an EULA in the first place it's a copyright licence...

      To assure that bad faith cannot usurp the original author's valuable IP contributions, the GPL revokes all rights for the smallest infraction in order to assure that any "negotiation" will occur with the position of strength emphatically given to the original author.

      Or if you prefer it ensures that the original author maintains the position of strength which copyright law gave them in the first place.
      Breaking the GPL is conceptually little different from an author licencing a book to a publisher and the publisher failing to pay in accordance with the agreement.

    5. Re:Irreperable Injury by mpe · · Score: 2

      While you may see this, the judge does not. The problem with the GPL is that it is new for the legal system.

      But copyright isn't new, contracts licencing a third party to make copies of a copyright work (in return for consideration) arn't new either...

    6. Re:Irreperable Injury by Arker · · Score: 2

      While you are essentially correct, copyright infringement is NOT theft. It's copyright infringement. Courts have traditionally interpreted copyright in a different light from fee-simple property rights, so this shouldn't be any big news.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    7. Re:Irreperable Injury by bwt · · Score: 3, Insightful

      And in every one of the cases, the infringed party has stood up and used words like "theft". It's called advocacy -- use the words that make your case sound strongest.

      By the way, by 17 USC 504(a)(1), if NuSphere's actions were "willful" then they are in fact criminal.

    8. Re:Irreperable Injury by swillden · · Score: 2
      Can you explain how their actions are criminal? 17 USC 504(a)(1) says:

      (a) In General. -
      Except as otherwise provided by this title, an infringer of copyright is liable for either -
      • (1)the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or

      So the way I read that (seems pretty clear), if found guilty, NuSphere is liable for MySQL's actual damages and any money NuSphere made off of MySQL. I don't see how this court-enforceable liability makes NuSphere guilty of criminal acts, whether willfull or not.

      Can you explain?

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  28. Re:Nusphere cannot fix the issue on their own by VP · · Score: 4, Informative

    The GPL is a distribution license; it gives the licensee rights that they would normally not have, namely to distribute the code. By violating the GPL, NuSphere lost these rights, and until the copyright owner decides to give it to them again, they cannot distribute the code. This is the main argument, and it's validity may be decided by the court case.

  29. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  30. Assign everything to the FSF ?!? by hobbs · · Score: 1
    From Kessel's post:

    (1) NuSphere probably figured they could probably violate the GPL and MySQL would not have the resources to sue them. This is probably true of most free software developers who have not assigned their copyrights to the FSF. After watching this hearing, it seems to me imperative that developers assign their copyrights to some party that will have the resources to enforce it (whether the FSF or some other organization). These violations can only become more common as GPL software becomes more powerful and widespread, and it is quite expensive to litigate against them.

    Uh, say what? Does he mean that the FSF has no legal right to assist another party monetarily in courst unless the FSF has the assigned copyright? I somehow don't think legal rules are that restrictive. I read that as, "if you don't give your code to us (the "free" world)", we don't care spit about you if someone hijacks it, GPL or no."

    Please tell me I missed something here...

  31. Friends by The+Lyrics+Guy · · Score: -1

    The Beatles - With a Little Help from My Friends

    (McCartney/Lennon)
    Recorded: March 29-30, 1967, Abbey Road Studios, London
    Length: 2:44
    Discography:
    - Sgt. Pepper's Lonely Hearts Club Band
    - The Beatles/1967-1970 (The Blue Album)
    - Yellow Submarine Songtrack

    What would you think if I sang out of tune,
    would you stand up and walk out on me?
    Lend me your ears and I'll sing you a song,
    and I'll try not to sing out of key.

    Oh, I get by with a little help from my friends.
    Mm, I get high with a little help from my friends.
    Mm, gonna try with a little help from my friends.

    What do I do when my love is away?
    (Does it worry you to be alone?)
    How do I feel by the end of the day?
    (Are you sad because you're on your own?)

    No, I get by with a little help from my friends.
    Mm, I get high with a little help from my friends.
    Mm, gonna try with a little help from my friends.

    Do you need anybody?
    I need somebody to love.
    Could it be anybody?
    I want somebody to love.

    Would you believe in a love at first sight?
    Yes, I'm certain that it happens all the time.
    What do you see when you turn out the light?
    I can't tell you but I know it's mine.

    Oh, I get by with a little help from my friends.
    Mm, I get high with a little help from my friends.
    Mm, gonna try with a little help from my friends.

    Do you need anybody?
    I just need someone to love.
    Could it be anybody?
    I want somebody to love.

    Oh, I get by with a little help from my friends.
    Mm, I get high with a little help from my friends.
    Mm, gonna try with a little help from my friends.
    ...with a little help from my friends.

  32. wide by Klerck · · Score: -1

    .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .enough .charaters .per .line .that .really .sucks .when .that .happens .and .you .have .to .put .some .lame .lameness .filter .defeater .text .in .there .i .wonder .how .many .people .will .read .this .whole .comment .I .certainly .hope .it .doesnt .annoy .too .many .people .This .is .just .the .beginning .because .PAGE .WIDENING .IS .BACK .I .like .wide .pages .I .wish .all .pages .could .be .as .wide .as .this .dont .you .wide .pages .are .much .cooler .than .those .narrow .pages .you .are .used .to .reading .because .you .dont .have .to .worry .about .the .lameness .filter .telling .you .that .you .don't .have .e

    1. Re:wide by Anonymous Coward · · Score: -1, Offtopic

      on ya klerck. keep up the good work man

  33. Clarification on GPL vs LGPL for dynamic vs static by MattW · · Score: 3, Informative

    I'm a bit vague now on GPL and LGPL for static vs dynamic linking. Let me note that NuSphere makes themselves sound crooked when they claim that a mail client connecting to a GPL'd mail server would be polluted. That's absurd.

    So, I've always gathered that the LGPL exists to permit a program to link to libraries - but my impression was that the LGPL was phrased such that code could statically link to it -- such that the result would be a single executable, and that even under the GPL, it was legally permissible to write code that would rely upon a dynamically loaded library. Can someone confirm this is the case? IE, you could write a program which required that a person have libmysqlclient.so* installed for dynamic loading and that program could be closed source, but you could NOT produce an executable which statically linked that into the executable unless libmysqlclient.so was distributed under the LGPL (which, of course, it is not).

  34. Yes, you did miss something here by RelliK · · Score: 3, Insightful

    Kessel is exactly right: you cannot sue on someone else's behalf. So FSF cannot, for example, sue NuSphere on MySQL AB's behalf. (They can, however, testify as an expert witness). That is the reason FSF requests the assignment of copyright, contrary to what certain trolls claim.

    --
    ___
    If you think big enough, you'll never have to do it.
    1. Re:Yes, you did miss something here by brsett · · Score: 1

      They couldn't assemble a legal team for the original developers ala ACLU or EFF?

    2. Re:Yes, you did miss something here by GSloop · · Score: 1

      To expand on another comment at my level...

      The FSF could provide legal counsel at minimal cost to ANYONE they desire. (Remember Paula Jones - she was represented free of charge by a highly partisan group, if I recall correctly)

      You can't sue _George_ for injuring _me_. Only the injured party can *ACTUALLY* sue George. *BUT* you can help me pay for or provide legal council for me to sue George.

      For the FSF to say they can't help is a crock. Perhaps they choose not to, or perhaps they don't have the funds, but they CAN help.

      Cheers!

    3. Re:Yes, you did miss something here by mpe · · Score: 2

      You can't sue _George_ for injuring _me_. Only the injured party can *ACTUALLY* sue George.

      The injured party can however appoint someone to act as their behalf. Depending on the context this is known as either "appointing a proxy" or "granting power of attorney".

    4. Re:Yes, you did miss something here by Anonymous Coward · · Score: 0

      Maybe MySQL AB didn't *want* the FSF's legal help.

  35. Re:Clarification on GPL vs LGPL for dynamic vs sta by bwt · · Score: 5, Interesting

    NuSphere is purposefully trying to confuse the issue with their code linking argument. The copyright in source code is completely separate from the copyright in object code. That is old hat.

    Even if the source code is not "integrated", when the result of compiling is an indivisible executable object code, the result is a derivitive work. If I write a library and you use it, the resulting object code is a derivitive of both source files. The GPL specifically mentions and includes this case. The LGPL is offered as an alternative when the harsh consequences of the GPL are not what the author desires. End of story.

  36. "standing" by Anonymous Coward · · Score: 0
    The plantiffs and/or the judge can say to the FSF, "you have no involvement", and they can't offer any further help. If they hold copyright, they have legal standing to object to infringments of that copyright.

    Which doesn't mean that "assign all your copyrights to the FSF" is a good thing; just that they aren't trying to obtain ownership of everything, they have reason for saying that.

  37. I want my daughters to look like Aria Giovanni by senior_troll · · Score: -1
    Wait editors! your posting stories too fast for me to keep up! This troll in in refence to the previous story on designer babies.

    Add this to the troll library under *Genetics*

    Because she is a very pretty woman [supereva.it] with a very nice pussy [supereva.it] I would stick my swollen cock [goatse.cx] up her tight little ass [supereva.it] and pound it hard till it looked like this [goatse.cx]

    I would be very proud if I could genetically engineer a daughter that fuckable.

    O
    O O

    Senior Troll

  38. Not About Linking by SpringRevolt · · Score: 2, Informative

    Despite Nusphere's comment, the point is that it is *not* about linking (perhaps Nusphere where trying to cloud the issue).

    Nusphere lost the right to redistibute MySQL because they made a modified version without the source code for that version being available: "Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License."

    The MySQL authors therefore have the right to stop Nusphere redistributing their software.

    MySQL AB undoubtedly have their own reasons for being so stiff necked.

  39. dynamic vs static linking by MattW · · Score: 3, Interesting

    Yes, but dynamic lining does NOT produce indivisible executable object code. I understand that NuSphere was statically linking, so they're in the wrong undoubtedly. But the point I'm raising is that you can dynamically load a shared object (ie, libmysqlclient.so), from a proprietary piece of software, without running afoul of the GPL.

    All your source -> your executable

    All GPL source -> GPL shared library

    When your executable runs, it then loads the GPL shared library in order to have access to the required object code. If it doesn't find it, it has unresolved symbols and craps out. It is, therefore, clearly dependant upon that shared library, but it is, by the same token, clearly NOT a derivative work, since 'your executable' is derived without any GPL source code.

    The static executable under GPL is a clear cut violation. But that leaves static binaries under the LGPL (I'm unsure), the dynamic under the GPL (unsure, think legal), and dynamic under the LGPL (must be legal -- hell, what would the LGPL be good for if it wasn't? :))

    1. Re:dynamic vs static linking by bwt · · Score: 2

      Yes, but dynamic lining does NOT produce indivisible executable object code.

      Correct, but that's not an issue here, since my understanding is that NuSphere is statically linked.

      If I'm wrong about that, then we need to delve deeper. If executable A can be extended by dynamically linking binary B, then the two executables are A and A+B, both of which are obviously derivitives of A when they are in memory. I also think that the law is pretty well settled that in-memory copies of code are "copies", so that even the A+B case is an integrated copy once its in memory, which would still meet the definition of a derivitive work. Moreover, if B was designed from the outset to only be used with A, then A+B is a derivitive.

      The judge appears to have asked the right question when she asked "can NuSphere's binary run without MySQL installed on the same machine?" Answer No. Conclusion, this is not two separate programs interoperating, but a derivitive form of one program.

    2. Re:dynamic vs static linking by iCEBaLM · · Score: 3, Informative

      And here is the kicker, straight from the GPL:

      These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

      The only way they can get around not GPLing their software is if it is independant and not distributed as part of a whole.

      In a nutshell this means that the software must not completely depend on the library to function, it must be able to survive having that library removed and still able to operate or else is it not independant but dependant on the library. Also it cannot be distributed with the GPL'd library as part of a whole program which does NOT necessarily mean statically linked but in the same package! Be that tarball or CD-ROM.

      If these two conditions are not met then the software must be bound by the GPL regardless of object or source code, static or dynamic library.

      -- iCEBaLM

    3. Re:dynamic vs static linking by Acoustic_Nowhere · · Score: 1

      I was under the impression that Nusphere -Was- dynamically linking. I thought that when Nusphere and MySQL AB were getting along, MySQL AB included the 'hooks' to Nusphere's row level locking functionality. Once these hooks were included in the product, Nusphere could add the transaction support thru dynamic linking, without violating any agreement.

  40. Slashdot, NEWS that matters? by Anonymous Coward · · Score: -1, Offtopic


    SLASHDOT
    News for niggers. Stuff for niggers.

    WATERMELON UNDER THE GPL

    POPEYES SELLING CUSTOMER DATA

    BREW YOUR OWN 40s OR STEAL THEM

    PORCH SITTING PIONEER DEAD AT 54

    BOOK REVIEW: READ? FUCK DAT!

    ASK SLASHDOT: GOOD CRACK FOR CHEAP?

    1. Re:Slashdot, NEWS that matters? by Ralph+JewHater+Nader · · Score: -1

      Bravo. This is the type of post that keeps Slashdot real.

      --

  41. Amend the GPL by bwt · · Score: 4, Insightful

    It might be a good idea to add a little bit to the GPL regarding the "death penalty" provision.

    Specifically, I would propose that use of GPL software be conditioned on legal stipulation of the proposition that continued violation of the terms of the GPL after notification is "irreparable injury" because it is theft of intellectual property.

    Similarly, you should have to stipulate that the "balance of harms" of a violation is completely in favor of the author, and that this applies regardless of any business interest that exists as a result of the exploitation of the licence. The author offered a zero-cost good faith licence to use and extend their IP subject only to the condition that IP extentions be returned to the commons on demand. In many cases the GPL'ing author makes this deal believing that it will produce more value than retaining tight proprietary interest and selling the software for its market value. If someone else builds a business by skirting the extremely minimal requirements of the IP barter arrangement, then any revenue stream that results should be viewed by stipulation of the licence as being misappropriated and unjustly earned. Indeed pirated or stolen.

    Thirdly, I would propose that the section 4 "death penalty" provision be made substantially more blunt. In particular, a "take down" process should be invoked (somewhat like the DMCA provision) that says if you recieve a letter of noncompliance from an author that your rights cannot be restored other than by a written order of the author, an arbitrator (see below), or a judge. Some people have noted that if you receive another copy that the licence can be read to re-grant a new and separate licence. All such weasle room should be removed by stating that this doesn't apply if you're licence was revoked for noncompliance.

    Fourthly, I would propose that the licence should designate that any disputes be settled by arbitration by the FSF or by the EFF if the FSF is a party with the loser to bear all reasonable costs incurred by both sides.

    1. Re:Amend the GPL by mpe · · Score: 2

      Specifically, I would propose that use of GPL software be conditioned on legal stipulation of the proposition that continued violation of the terms of the GPL after notification is "irreparable injury" because it is theft of intellectual property.

      Why do you need to ammend the CPL to cover this. Copyright infringement is already against the law. If someone distributes the software in violation of the GPL that is exactly what they are doing.

      Similarly, you should have to stipulate that the "balance of harms" of a violation is completely in favor of the author, and that this applies regardless of any business interest that exists as a result of the exploitation of the licence.

      Again this would appear to be redundant since there is plenty of statute and case law related to copyright infringment.

      The author offered a zero-cost good faith licence to use and extend their IP subject only to the condition that IP extentions be returned to the commons on demand.

      It's not "zero-cost", simply that any cost is not in terms of money. To be valid contracts require transfer of "consideration", this includes money, but also includes barter of goods or services, etc.

      n particular, a "take down" process should be invoked (somewhat like the DMCA provision)

      Why not simply use the provisions of the DMCA?

      All such weasle room should be removed by stating that this doesn't apply if you're licence was revoked for noncompliance.

      THe only thing which might be a useful ammendment.

    2. Re:Amend the GPL by BlueWonder · · Score: 2
      Fourthly, I would propose that the licence should designate that any disputes be settled by arbitration by the FSF or by the EFF if the FSF is a party with the loser to bear all reasonable costs incurred by both sides.

      This would make it unnecessarily difficult to enforce the GPL outside the US (ie, with both parties outside the US). Also, some countries do not have arbitration at all, and it's hard to predict what a judge in such a country would say to such a designation.

    3. Re:Amend the GPL by renehollan · · Score: 2

      I tend to support this, after all the GPL asks so little. But, I would also add a "reprieve" clause, that is, if complience is restored within some reasonable length of time, say 30 days after notification of non-complience, the license is automaticaly reinstated. In unusual circumstances, a court might order an extention of the reprieve period.

      --
      You could've hired me.
    4. Re:Amend the GPL by bwt · · Score: 2

      Good point. That leads to the other obvious missing element: a "forum selection" clause. All disputes should be settled under US law, which does afford for very strong arbitration support.

      Also, there is no reason why such disputes have to be arbitrated with both (or even either) parties physically present.

    5. Re:Amend the GPL by bwt · · Score: 2

      Why put anything in the licence that benefits the infringer? Let the primary author have the heavy hand. Most of the time such people have an incentive to respond positively to a good faith effort to stop the infraction (after all they licenced it under the GPL in the first place), but these provisions are needed so that the author can negotiate from a position of dominance with the rare asshole who wants to get away with things.

    6. Re:Amend the GPL by renehollan · · Score: 2
      Why put anything in the licence that benefits the infringer.

      Because infringement can be inadvertent and accidental. I'd rather have a "grace" period spelled out, than have to rely on the forgiveness of the license holder. 30 days strikes me as reasonable. Of course, any time you put a specific limit on something, it will be too long for some, and too short for others.

      The recent affidavit before the court is a testament to the fact that the FSF prefers complience to retribution (as, it appears, do most slashdotters). If that is the case, formally giving up the right to vengeful persecution for the slightest inadvertent infraction, is certainly in the correct spirit.

      Of course, this defense should not be available for repeated, intentional, violations opening a 30 day window of opportunity each time (and I suspect that is what you fear). I think that acceptable wording could be drafted to balance heavyhandedness for blatent intentional infringement against grace for temporary lapses, even though reasonable dilligence was exercized.

      The bottom line is that while I like the idea of a GPL "death penalty", I also think that some safeguards be in place so it is not abused.

      Let me give you an example of an inadvertent infringement: I once sent a RedHat-derived CD to someone (with our own GPL code and source) and forgot to include the Red Hat sources. Technically, I was in violation of the GPL even though I already knew they had the relevant sources. They didn't even want me to send them something they already had. However, the GPL did not cover the relationship betweem me and them, but betweem me and the copyright holders so what they wanted was irrelevant: I either had to provide the sources, or a transferrable offer to provide them. I was not prepared to do the latter, because we were not prepared to provide source to any and all who asked for it and didn't obtain binaries directly from us. So, I made sure I sent a source CD with the next update.

      RMS was aware of this slip (we were discussing subtle nuances of GPL complience at the time and the pragmatic problems some requirements caused (hint: making a supportable source distribution is not always easy)) and, IIRC, considered their statement of already having the sources "good enough" to qualify as our meeting the requirement that they have them. However, the FSF was not the only copyright-holder affected, so I made sure to dot the i's and cross the t's as it were and sent sources anyway.

      Should I suffer a "GPL death penalty" because of this gaffe? I don't think so, because (a) I was not grossly negligent, (b) I compensated for the harm caused (sent source), (c) acted in good faith. If the case went to a civil court, I'm sure I'd prevail: civil courts are about restitution, and not revenge.

      Omiting reasonable "forgiveness" clauses in a license leaves the matter entirely up to the courts, and they might be more forgiving than the copyright holder might wish. Putting them in strengthens the copyright holder's position, IMHO, and does not weaken it.

      --
      You could've hired me.
    7. Re:Amend the GPL by BlueWonder · · Score: 2
      That leads to the other obvious missing element: a "forum selection" clause. All disputes should be settled under US law.

      I see one risk with such a clause. People in other countries could be tempted to release their software under a license in which they replace "US law" by "law of country X" (with X being their own country). This would make it even harder to enforce the GPL.

      On a more personal note, since I come from a country which doesn't (yet) have software patents and a DMCA-like law, I'm quite glad that the GPL doesn't refer to US law specifically. :-)

  42. Re:Assign everythi Getting two dozen authors on fo by kurisuto · · Score: 2
    For any given piece of free software, there might be any number of contributors. Getting two dozen authors on four continents to sue together against a GPL violator would be very difficult. If just some of them sue, then we're into the messy area of who owns what part of the project (do the plaintiffs own enough of the project to have standing to sue?).



    If all of these contributors assign to the FSF the copyrights on their respective portions of the project, then it is much easier for the case to proceed, since there is just one plaintiff, and no nitpicking over who owns what part.



    So I don't think that the FSF will refuse to help you if you don't assign them your copyright; it just makes the proceedings much simpler if you do.

  43. ALL PRAISES TO THE YHWH ELOHIM by Anonymous Coward · · Score: -1, Offtopic

    Rape victim must marry rapist (and rapist pays her father some money).
    Deuteronomy 22:28

    Soldiers are allowed to marry and engage in forced intercourse with female captives (maybe you shouldn't send the Bible w/ your son when he goes off to war).
    Deuteronomy 21:10-14

    Lot offers his daughters to be gang-raped by a mob.
    Genesis 19

    There was no punishment for Lot's abhorrent act. In fact, God sent two angels to save Lot from the upcoming destruction of his city right after the above incident.
    Genesis 19:15

    Sadistic ritual a wife is supposed to endure if her husband is 'jealous' or suspects adultery. The ritual is performed by a priest and is supposed to induce an abortion.
    Numbers 5:11-29

    If a husband questions the virginity of his wife, she is to be examined before the elders of the city.
    Deueteronomy 22:13-

    Murder your own family and friends if any one of them attempts to persuade you to abandon Christianity.
    Deuteronomy13

    God commands the murder of innocent infants.
    I Samuel 15:3

    Murder your own son...if he's rebellious.
    Deuteronomy 21:18

    God commands excecution of man for gathering wood during the Sabbath.
    Numbers 15:32

    God commands murder for working on the Sabbath.
    Exodus 35:2

    God commands death if you curse at your parents.
    Exodus 21:17 and Leviticus 20:9

    God commands death for cursing the lord.
    Leviticus 24:16

    God commands death for a stranger entering a temple.
    Numbers 1:51, 3:10, 18:10

    Burn to death any daughter of a priest who sells her body.
    Leviticus 21:9

    God commands murder for speaking to the dead.
    Leviticus 20:27

    Murder is the sentence for practicing any other religion.
    Deuteronomy 13 and Numbers 25

    God kills Lot's wife for being curious.
    Genesis 19:24

    At God's command, men, women, and children are mercilessly slaughtered.
    Deuteronomy 2:34

    Death Sentence for being rude to strangers.
    Matthew 10:14-15 and Luke 10:7

    God commands murder for those who lied about church donations.
    Acts 5:1-11

    God threatens to 'rip pregnant women open and dash little ones to pieces' for disobedience.
    Hosea 13:16

    Remember all those women who were accused of witchcraft and burned alive? You'll find God's command for it right here.
    Exodus 22:18

    A Virgin who has intercourse before marriage? Stone her to death!
    Deuteronomy 20 and 22:13-21

    1. Re:ALL PRAISES TO THE YHWH ELOHIM by Anonymous Coward · · Score: -1, Offtopic

      All (or almost all) of these are in the Old Testament, meaning these are true fow judaism as well as christianity.
      - Atheist

    2. Re:ALL PRAISES TO THE YHWH ELOHIM by Anonymous Coward · · Score: -1, Offtopic
      A Virgin who has intercourse before marriage? Stone her to death!

      Damn straight the slut should be stoned to death!

      I really hate it when I plunge my thick, fat cock into the body of a lithe, hairless 13-year old cockteaser only to find out that the slut has already lost her virginity.

  44. Comment removed by account_deleted · · Score: 5, Interesting

    Comment removed based on user account deletion

  45. Additional point/question? by GSloop · · Score: 1

    The author(s) could also assign their rights, after the fact to the FSF or anyone else.

    But this brings up another point. If you assign all your rights to the FSF, you wouldn't have the right to then sell your code to some commercial entity (sans any added GPL additions) because you wouldn't have any rights other than those granted under the GPL.

    Would it be possible to grant just the GPL portion of your rights to the FSF, and retain the original rights, so you could take your original code private/commercial/closed. (I don't know much about assigning rights to the FSF, so it might be that this is how it works now, but I suspect not...)

    This might make it unadviseable to assign rights to the FSF if you might want to exercise your right to close or commercialize your software. Again, I do understand that you couldn't take the resulting GPL code with other's changes and close it. But you could with the original.

    Just some thoughts...

    Cheers!

  46. Nationalities on Slashdot by Anonymous Coward · · Score: -1, Offtopic
    I wonder what the dominant combinations of nationalities are on Slashdot.

    First you get the Australians, New Zealanders and people from the American West Coast.

    Then you get Australians, New Zealanders and Europeans.

    That's followed by total European domination, until the American East Coast wakes up.

  47. Bcast2k saw this coming by radoni · · Score: 1

    I see strong supporters of GPL/L-GPL liscensing jumping on the idea that programmers are protected. What about entire groups of programmers, as the case is here? It's not just John & Jimmy Doe versus Joe Schmoe from XYZ company.

    "...thus likely that she will not actually address the terms of the GPL itself in her decision, which is a good thing, since there was so little expert testimony about it..."

    It's as if open-source software is destined to transcend limits of a hobbyists project and mutate into a corporate-sponsored system. Programmers fill a need with MySQL. Pretty soon, it is MySQL that fills needs within other corporations. Broadcast 2000 video editing software from Heroinewarrior.com was the best bet going. It worked, cost no bones, and featured GPL liscensing. Soon enough, dot bombs pop up and Bcast2k is pulled because of liability concerns. Corporation Soon2be Inc., need video editing and fills that need with Broadcast 2000. Who's liable if a setuid/gid root /usr/local/bcast2000/bcast nukes their production box and months work is lost?

    it's looking scary for hackers who share their toys and get organized / sponsored. pitch your product to company Soon2be Inc., and when they merge with Around4Ever Corp., watch yer back.

    --
    SIGERR: laziness exceeds quota
  48. Please stop posting from your office by Anonymous Coward · · Score: -1, Offtopic

    Mr. Rumsfeld! How many times do we have to tell you NOT to post from your office?!

  49. Why? by Anonymous Coward · · Score: -1, Flamebait

    Why do we always see geeks filing suit against each other? I just don't get it. The only ones who profit are the lawyers. Couldn't this be settled better with a good old fashioned flame war?

  50. How to lie: by Thaidog · · Score: -1, Offtopic

    Lying 101:

    First off, make sure you're white... it makes it much easier to justify why you're such a cracker.

    Second, it takes lots of practice to make a really solid lie, so if you want a good lie, you'll need to work on your excuses... which kind of defeats the purpose so f%4k it.

    Third, be a complete dick about everything... never justify lying, it takes too much energy.

    If you ever wake up and think to yourself that life is perfect, it's possibly not for somebody else, so watch your ass... which of course is impossible if you want to lie.

    If you wake up with a perfect body, lots of money, a nice car, a family, a beautiful wife/husband, an easy job that makes lots of money, you might be in for a rude awakening. Why? Once again you're living a lie. Don't ask me how it happens... all I know is that it does.

    Fifth, always have a good spellchecker... if you don't you can end up looking like an idiot. This can really hurt. Little things that make you look imperfect are good targets.

    Never tell the truth to the opposite sex no matter how much since it makes to do or even if they already know it. Why? The f$#king truth hurts. Then you'll be straight out of a girlfriend/boyfriend... not to mention you'll have to settle with a girl who knows the truth. What a bitch. Literally. This means for all you guys you can't tell them you're dating them for their looks and for all you women you're dating them for their money.

    Putting up a "front" is "mas importante"... that's Spanish for important. So I've been told anyway.

    Get really good at lying to yourself. It's the best... Never tell yourself the truth because the sh%t hurts...

    For you really good liars out there, everything, and I mean everything about the truth hurts to the point of being ridiculous. Why? Because just like you liars, "truth tellers" are just like you except they have been put in a position that they are forced to "put out", so everything is tweaked for them to get the most out of it. So if you really want to get the most out of lying to someone, you must, and I repeat must, be a complete dick. Now the BEST liars do this with out consciously knowing it... thus getting more "bang for the buck" out of their lies. This is because truly could give a f%$k about anyone else. It's the best! I have to say, try it for yourself and see what I mean... it's great!

    Oh... and if you get caught... Being naturally stupid really helps the situation. Why? You forget faster than average and thus get back to your main objective that much faster. It also really helps not to have a conscience also in this situation. So if you can see about finding a doctor stupid enough to get that part of your brain removed as soon as possible. If not, it could take years of training or tons and tons of time around "truth tellers" to get it finally right. Oh... you must also sometimes pretend you're a truth teller also in this situation . It's good to have "studied" the enemy. And surprisingly, there are a lot of them. Also, if you are not stupid, but your opponent thinks you are, use that to your advantage, it works great! I hope I'm not boring you more intelligent people with this rudimentary knowledge. See how I just played to your ego? It works perfectly with those who, deep down, know they are God, and everybody else is simply crazy. Wow!

    Go to Church or Temple or whatever it is you're supposed to do... you'll hit "pay-dirt" with tons of idiots practicing stuff like "self-sacrifice". If you find one of those guys, you're SFL baby!

    Being around massive quantities of women always helps your chances as well. They naturally excel as liars. The evidence is in asking them... they'll say no! Don't worry if you did not catch on to the last part...

    Being in numbers also helps... sometimes you'll be in the midst of a liar So good that he can say a lie that will cover you at the same time... now that's a bonus!!! Just pretend you're with them... you might not want to tell them that you've said this though or they might call you out of it... after all, they're lying also.

    Make sure you have plenty of money... for where your lies fail, your money will smooth things over... it's really a necessity.

    Also, competition in lying... there is tons once people figure out the need to lie. If you find yourself in the midst of a better liar, sometimes it can be tough to keep your spirits up... but do! You see, you can learn from their lies, and then get better at them yourself! Sometimes you can get the "hang" out of a particular lie without taking tons and tons of time to learn it (like that person might have), so you in essence, steal their lies! It's really great!

    Getting back to that Church thing... If you go to Church you can learn about miracles and thus blame all your really bad lies on the fact that they were part of a bigger plan. It works perfectly. At least it works good for me. Remember, "Everything happens for a reason!" I can't tell you how good this one works! First off for those stupid enough to believe it, they fall for it almost every time as long as you don't use it back to back, and for those who know better, they're so pissed at how you judged their intellect, they'll be stunned! (but only for a few seconds, so be quick to come up with something to take their mind off it and distract them from the fact your playing them)

    Make sure you have plenty of excuses. The best excuses look self-evident. For example, walk into work with a fake broke leg. You get the point.

    Situational Lying: This is where it gets advanced. Any given situation can turn into a "lie detector test". Make sure you can either bully your way out if caught, or you can put your lie out quick enough as the truth. Being naturally paranoid helps this situation as well. Remember that people conspire behind your back so always have a good lie ready. Furthermore, the more conspiracies you're in on, the better. They show what situations work best, given the strategy. If you suspect yourself the victim of a conspiracy, this is when your true lying skills really come into play the most. If you can't find your way out quickly, it's best to become part of your own conspiracy. This will confuse the stupider of your enemies and will give you time to get out scot-free. Remember, the deeper your lie the higher the probability you'll get caught. So start off small. (Just like weight training)

    If you get caught: Keep your enemy happy. Distraction is key... especially if they have drugs to tell you the truth or a lie detector. It's survival of the best liar. Women once again have the best advantage here. They use sex as... and get this: weapon, I dare say AND a means to get out. Almost unbeatable, really. This is the very driver of most men's existence and so it works almost %100 percent of the time! Joy. This is proven by the small amount of women that make it into prison and very few are killed. Smart men know to use a woman as a means of defense, hence the phrase: "Take my wife, please!" If a woman catches you in a lie, tell them you learned it from them and then proceed to get very juvenile or senile. Then tell them they should be proud to know such a liar. (Remember, if you're a woman you should work on your looks more than your lie as it will help you facilitate any of the fore mentioned situations... you might find yourself at the command of your victim!!!)

    Being physically fit can also help your lying in that it will keep you from getting caught. Also, people tend to be less harsh on these types of liars since they have a weapon.

    Extremely advanced lying: Once again, I can't tell you how much material I have given you is true. After all, I myself am a liar and when in full practice I'm very deadly if I do say so myself. It is true possibly that my lying behavior has become too much of a "component" of my personality in that it affects everything I do, including this paper. Furthermore, a lot my lies are still "in the works", so some of this advice might work out your particular situation.... All I can say is if it's true, that's too bad for you. Also, remember the expiration date on the milk carton... you have to change up your lies in order to keep your lying a tool for survival.

    Some of the consequences of lying: First and foremost is Hell. A mere possibility, but watch your back! Second, mental behavior facilities... believe you me, you don't want to end up there. So, if you have already started lying, watch your back because the people who work in these places tend to be liars themselves and love to play with their victim's minds and anything else that comes to light. What's worse is you become a victim of some stupid experiment. In this case you should behave as if you're the victim of a conspiracy, (but don't tell anyone). Experiments tend to behave exactly the same as conspiracies. Remember... once you've started lying, there's really no going back. This is proven once you tell somebody that you've lied to them. They will not treat you as an equal anymore and you will have lost all respect for you. (and in most cases, they'll let you know it... if they are smart anyway.) You can lose your job, your family, your life, and your money. Your entire life will be watched and analyzed, thus becoming part of some crazy freak show that people can look at, poke fun at, and feel generally better about themselves due to your getting caught. Wow! Suddenly you've made other people friends and have them come together as a click all due to your stupidity! And believe you me, clicks can hurt if you're not "in".

    Some benefits of lying: Monetary growth. There's a lot of money to be made of being the best liar. Just look at the movie industry! Millions of dollars on what people have made up and at best a bunch of half-truths to keep you happy. Remember "fake it to you make it!" Women! Women love a good liar. (Actually, women fall in love with a good liar only to be disappointed... I can't tell you how many times I've been personally a disappointment.) Being a good liar is a sign of true stability in your life. I can't tell you how may women I've got simply by being a good liar! A happy outlook on life. Once you're convinced you've made a lie big enough. To fool everybody you need to, you can relax and laugh at all the suckers you've made!

    Remember, right or wrong, people love to abuse other people. They'll even accuse you of abusing so they can further abuse you! It can get confusing so use every spare moment to "keep score". This is justification for lying enough! People will hit you for cursing! Does that help their outlook from your perspective? No! I've seen people really get an ass-kick from this situation. Remember, win people over with your money, looks and other seemingly quality aspects. When in a bad situation, always have dirt on somebody. This goes out of the bounds of being just a liar, but it's a great defense, so it would be selfish not to share it with you. It's a great defense. Just talk about their problems and you've got instant defense! This defense works on those who are smart enough to know what you're talking about, however, remember: Size up your opponent! Otherwise, you'll end up looking stupid. This works best with a lot of people around... make a crack on them that's so funny that it causes everybody to laugh uncontrollably and you've got instant success! Once again, this goes out of the bounds of merely lying, but is an excellent defense that not only wins friends with your humor, but hurts your enemy... all at the same time! Man! Now that's a bonus! Once again, wrong or right, people love to abuse people, and I have found very little to deter this situation "naturally".

    Setting up your lies: It is essential to know your victim. Not everybody works on the same level of logic. Once again, there is reality and then there is your victim's perception of reality. If your victim knows what reality is, depending on how well they have this drilled into their head is one of the dependencies of setting your lie up. The better they are prepared the worse your chances of pulling off your lie. If they don't know what reality is, or are slightly off on their personal perception, or even better, they will not accept reality for personal reasons or beliefs the better your chances.

    The impact of your lies: A lie's impact tends to vary depending on the situation. Watch out! If you victimize a clever individual or you don't know what your lie will do, your lie could end up backfiring on yourself. Also, lies can cause a "chain reaction" effect. This is described somewhat in the "abuse" section above. Making lies that produce really insecure situations for your victim is one affective aspect. The more ridiculous the situation you produce, the better.

    Psychological impact of lying: If you find that lying works for you, more than likely, you'll make it a part of your life. You'll find how best to incorporate it into your lifestyle and use it to make things happen for you. If you receive nothing but positive impact from lying, see how lying helps others, or become really good at it, you'll want to keep it in your life. Only massive quantities of "negative enforcers" will deter you from using it, and then, these might, in the end, be a bad thing, I don't really know, but I fear the worst. Faced with this dilemma, some people try to fight the idea of assimilating bad behavior such as lying into their lives, but come to the realization that to much of the good lifestyle hurts and subsequently fail and revert... asking themselves, "Why did they even try?" Most people move through out their day with little thought to the long run consequences of their lying or are somewhat oblivious to it. (America, what a country) This, in a way, truly defines what freedom is, and sets the standard for things such as lifestyle and behavior.

    --

    ||| I still can't believe Parkay's not butter.

  51. 8=====D by MMMMMMMMMMMMMMMMMMMM · · Score: -1

    See erection.

  52. No original author... by Brendan+Byrd · · Score: 2

    It's very dangerous to say "original author" however. RMS (and folk) coded the license very carefully not to include such phrases, because the original author may be different than the current project leader, especially in code forks. If the code forks, it may fork to change the current leader (in disgust, or creative differences, or whatever), and you don't want the "original author" to have any more control over it.

    The GNU license is open-ended in such a way that you could set your "command structure" any way you want it. By its very nature, the code/document it protects is public-domain, and no "admin power" is give to anybody.

    Perhaps a time of about a year might work, but then again, anybody trying to screw over the licence like that deserves to never touch the project again. Future generations will learn to look over their licenses very carefully if they don't want to get burned.

    I'm sure this will give people a message to never fuck with the GNU license, the projects it protects, and never EVER fuck with the FSF!

    1. Re:No original author... by Lathi- · · Score: 1
      The GNU license is open-ended in such a way that you could set your "command structure" any way you want it. By its very nature, the code/document it protects is public-domain, and no "admin power" is give to anybody.
      This isn't true. Even if you fork the project the "original author" still has copyright on their work. He's just not able to revoke the license as long as you comply with the terms of the GPL. So, if you decided to do something like change the license it would still require approval of the "original author". Or if someone way down the line violates the GPL with your fork, the "original author" still has rights to enforce copyright law on the portions he wrote.
  53. Put Bcast2k back I say! by Anonymous Coward · · Score: 0

    I mean, which part of "There is no warranty, express or implied" do the users of Bcast2k not understand? Bcast2k is not a "pirate tool". So I say put it back!

  54. Fat Lady Not Sung by Euphonious+Coward · · Score: 5, Informative
    This is just a hearing about a preliminary injunction, nothing final. The questions considered are not who's right or wrong, but how much harm is being done leaving by leaving matters alone until the case is over.

    It's clear that allowing NuSphere to continue shipping code they have been shipping for the last seven months won't, by itself, do much more harm, if any, so the GPL issue was left alone.

    Trademarks are another matter -- the more and longer they are abused, the greater the harm to the owner.

    When the case itself goes to court, the text of the GPL will leave the judge little choice: NuSphere's product really is a derived work, and there is lots of case law about derived works, even with software.

    For some background, see my letter to LWN last year. (Scroll down to the end. Incidentally, it appears I was the first person to tell Monty about this feature of the GPL.) Evidently it took this long to establish that NuSphere just wouldn't figure out where they stand without help from a judge.

    1. Re:Fat Lady Not Sung by mpe · · Score: 2

      It's clear that allowing NuSphere to continue shipping code they have been shipping for the last seven months won't, by itself, do much more harm, if any, so the GPL issue was left alone.
      Trademarks are another matter -- the more and longer they are abused, the greater the harm to the owner.


      Usually the same reasoning is applied to copyright infringement too, though.

  55. My politech response, my bad by aberoham · · Score: 1

    "I'm a free-software publisher who has dealt with similar license issues, even so far as bringing up concerns about the GPLv2 with Bradley Kunz and in turn, Eben Moglen."

    My appologies to Mr. Kuhn. I had met him at the open source convention in San Diego, and spoke with him about the FSF, which he is Vice President of -- the man on the street, if you will. He was extremely helpful and quite expedient in helping me with my GPL'd project and understanding license issues. (Thanks Brad - My bad!)

    Anyway - I wish I had read this before I came down so soundly on MysqlAB's side: http://www.nusphere.com/misc_stuff/declarationofbr ucefwebster.pdf

    Why does the name Bruce Webster sound so familiar? He must have argued this GPL issue before?

    Abe

  56. YO MOTHAFUCKA by Bacillus0101 · · Score: -1

    eat a DICK honkey!!! DOWN
    with WHITEY!. N E G R O PR1D3!!!

  57. that's not the whole story by markj02 · · Score: 2
    As you may notice, the action involves a contractual dispute, trademarks, and copyrights, not just a GPL violation. Furthermore, the MySQL suit was filed in response to a lawsuit by NuSphere.

    So, I find your assertion that the MySQL people are acting like "spoiled children" unfounded--there is more going on here. In fact, it isn't even clear to me that NuSphere fixed the problem. Even if they did, it isn't their's to fix: once they fell out of compliance with the GPL, they can't fix it--they have lost all rights to using the code.

    As for the issue of reaching compliance, if anybody can violate the GPL with impunity and then just fix it up without consequences, that will simply encourage a lot of companies to do that. Open source is at a serious disadvantage here because most GPL violations are very hard to detect. It makes sense to pursue some GPL violations seriously even if the violators eventually come into compliance.

    Finally, as for damages, that's bogus. Open source companies live off things like consulting and documentation. If some other company comes out with an enhanced closed source version that ends up getting used widely, the open source companies lose business. The argument isn't as simple (or simplistic) as the MPAA's "1 million people copied Rocky XVII illegally", but there are still damages. And there are damages to the public as well (although they may be harder to enforce).

    1. Re:that's not the whole story by mpe · · Score: 2

      As you may notice, the action involves a contractual dispute, trademarks, and copyrights, not just a GPL violation.

      It's rather hard to violate the GPL without involving copyright infringment and a contractual dispute anyway. Since the GPL is all about contract and copyright law in the first place.
      The tradmark bit is is a separate issue. Maybe related to something like NuSphere passing off their product as MySQL or similar.

    2. Re:that's not the whole story by markj02 · · Score: 2

      Come on, don't be so dense. The lawsuit involves a contractual dispute that is different from the GPL violation, a contract involving $2.5M.

  58. Section 4 isn't the end of it by throx · · Score: 4, Insightful

    While Section 4 states quite clearly that if you break the GPL (which, let's assume they did for now) then all rights to distribute under the contract you entered into with the license are revoked.

    That's not the end of the story as most people seem to be professing. The real issue comes when someone from NuSphere downloads ANOTHER copy of MySQL including the source, especially if this is a newer or later version or if they obtained it from a different party. Does this new download constitute a new contract between the parties, and if so then all a GPL violater has to do is download a new version and/or download from a different source and wham - new license, new contract, all sins are forgiven.

    Failing that argument, the (rather simple) alternative is to create a new and independant legal entity, assign all your IP rights to the new entity (including the trading name) and the new entity downloads a new copy of the source and is immediately in compliance with the GPL.

    The real danger here is that the GPL may and probably does have a "built in automatic forgiveness" clause. If you break the GPL then it seems likely that bringing yourself into compliance and relicensing is a trivial exercise.

    Note: IANAL... I did see one on TV once though... In Australia... It was a British show... Ahh whatever.

    --

    Fear: When you see B8 00 4C CD 21 and know what it means

    1. Re:Section 4 isn't the end of it by bovinewasteproduct · · Score: 1

      Well what they can do is something like this.

      Someone download MySQL X.XX, that is not employed by NuSphere (could be someones brother for that matter). They go though the code and rewrite portions, add stuff, and rename is to XxSQL and distribute to NuSphere.

      I would say that it is legal as long as it is all GPL the entire way. There is NOTHING in the GPL to keep me from renaming a project (AKA CODE FORK).

      Sure it would not be MySQL anymore, but there is no reason why they can't track the protocol and ABI. It is GPL remember?

      How does that one sound?
      BWP

    2. Re:Section 4 isn't the end of it by throx · · Score: 2

      My point exactly. The FSF's idea that you need to be "reblessed" once you've sinned is (IMHO) very shaky. I don't see how they can possibly argue anything different when Section 6 clearly states:

      "Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions." (my emphasis added)

      --

      Fear: When you see B8 00 4C CD 21 and know what it means

  59. Not so hasty.... by cyberon22 · · Score: 1

    The GPL was never intended to stiffle development, which is what a "death penalty" would accomplish. Lest we forget, Nusphere is actually ADDING features to MySQL, particularly in the area of complex "transactions".

    As far as I can tell, this entire case is MySQL trying to protect its market share. Nusphere's strategy seems to have been to drag its feet releasing source code to make it a more attractive partner than MySQL. It could offer to support MySQL code, but not vice versa. If you're a firm, your choice of partner is a no brainer.

    The problem is that the GPL was not designed as a commercial license. Firms are not EXPECTED to make money selling code.

  60. past or current violation? by markj02 · · Score: 2

    Some people claim that NuSphere is now distributing source with their binaries. If that is true, they may still have lost the right to distribute the software in the long term, but the "irreparable harm" argument for a preliminary injunction seems lessened because it puts them back on equal footing with MySQL right now.

    1. Re:past or current violation? by bwt · · Score: 2

      If they are shipping MySQL without a licence, even if they are complying with the terms of the licence they would like to have, they are essentially pirating MySQL and basing a business on piracy. The irreparable harm to MySQL is that NuSphere is stealing business based on theft of intelletual property.

  61. The First Even CmdrTaco Penis Report by Kathleen+Fent · · Score: -1

    Many have claimed to have utilized my fiancee's penis for a variety of sexual pleasures ranging from oral to anal sex. There have also been claims to Taco's repeated masturbation - several times a day - every day. However, these claims are not always correct. While Taco has engaged in a great deal of anal and oral sex - giving and receiving with men - he is now actually involved sexually with a female. That female, sadly, is me. This is the first CmdrTaco Penis Report that will describe his first encounter with heterosexual activity.

    First, here's a chart of sexual encounters we've had. The columns are the date, where, and how long the "Cmdr" lasted.

    When | Where | Seconds of Penetration
    02/23 | Computer Chair | n/a (masturbated)
    02/24 | Computer Chair | -12 (premature)
    02/25 | Server Room | -10 (premature)
    02/26 | Computer Chair | -5 (premature)
    02/27 | Kitchen Floor | 0 (almost there!)
    02/28 | Bedroom | n/a (masturbated)

    It is quite amazing to note that CmdrTaco actually does acheive errection from observing the naked female form. Quite to my surprize, but sadly he was not incredibly aroused. He turned down oral sex (of course).

    I will keep the /. community informed of his status as we approach our wedding date.

  62. Re:Nusphere cannot fix the issue on their own by Mister+Attack · · Score: 1

    until the copyright owner decides to give it to them again, they cannot distribute the code.

    ITYM "The copyright owner or anyone else who has licensed the code from the copyright owner under the GPL."

  63. Please stay home next time by Daniel+Quinlan · · Score: 1, Flamebait
    After reading some of the comments on the audience and the judge's reaction to the open source movement, I can only say:

    If you want to support someone at any future GPL related hearing, please stay home (unless you're going to act like a grownup).

    All we need to do to convince a judge that we're a bunch of kooks is dress like we're silicon valley engineers (or worse), play Quake on our laptops, and snicker when the judge makes technical mistakes. I learned not to be a snot to the authority figure (think: professor) back when I was in college, but apparently, some people never learn.

    1. Re:Please stay home next time by blank · · Score: 0, Offtopic

      some of us didn't go to college. which would explain why we're suck... hacks.

      --

      bah. start over

  64. Re:Nusphere cannot fix the issue on their own by Anonymous Coward · · Score: 0

    On the other hand, a non-free program must be provided on a physical medium . Thus, all derivative works of free software can be modified and used internally without releasing it So far, any program which dinamicly links to a library which is released under the LGPL can be modified and redistributed under the GNU GPL . The GPL is a free software license, and therefore a library covered by the GNU LGPL can be distributed non-commercially, but must include a written offer valid for any third party A consequence is that a library covered by the GNU GPL must be made available with its complete source code under the GNU GPL. . The GPL says that a program released under a GPL-compatible license must be licensed to all third parties under the GPL

  65. Re:Clarification on GPL vs LGPL for dynamic vs sta by Anonymous Coward · · Score: 0

    It appears that any program which is compiled by GCC can be modified and redistributed under the GNU LGPL . According to section 1 of the GPL, any program which makes a system call to run separate programs which are released under a proprietary license must be made available with its complete source code under the GNU GPL. We have already seen that any program which makes a system call to run separate programs which are released under the GPL, with a special exception which allows linking proprietary modules under a controlled interface only can be distributed commercially, but must include a written offer valid for any third party . Note that a program released under a GPL-compatible license must be provided on a physical medium According to section 1 of the GPL, any program which dinamicly links to a library covered by a special exception of the GNU GPL is covered by the GNU LGPL . Nevertheless, a library covered by the GNU LGPL can be distributed commercially, but must include a written offer valid for any third party

  66. Re:Nusphere cannot fix the issue on their own by Anonymous Coward · · Score: 0

    The GPL says that any program which makes a system call to run separate programs which are released under the GPL is covered by the GNU LGPL . According to section 3 of the GPL, any program which uses fork() and exec() to invoke separate programs which are released under the GPL, with a special exception which allows linking proprietary modules under a controlled interface only is covered by the GNU GPL It must be emphasized, once again, that any program which is sold commercially under the GNU GPL can be modified and used internally without releasing it . On the other hand, a library covered by the GNU LGPL must be licensed to all third parties under the GPL Note that free software that uses non-free libraries can be distributed non-commercially, but must include a written offer valid for any third party . It appears that all derivative works of free software can be modified and used internally without releasing it

  67. Re:Clarification on GPL vs LGPL for dynamic vs sta by Anonymous Coward · · Score: 0

    It may be, then, that any program which is merely aggregated to separate programs which are released under a proprietary license is covered by the GNU GPL . Nevertheless, a library covered by a special exception of the GNU GPL must be licensed to all third parties under the GPL Notice, incidentally, that a library covered by the GNU GPL can be modified and used internally without releasing it . Presumably, a library covered by the GNU LGPL must be made available with its complete source code under the GNU LGPL. On our assumptions, a library covered by a special exception of the GNU GPL can be distributed commercially, but must include a written offer valid for any third party . According to section 3 of the GPL, any program written for a programming language interpreter which is released under the GPL must be licensed to all third parties under the GPL

  68. Trademark Issues??? by mpe · · Score: 2

    This apears to be a classic case of confusion over concepts of IP.
    THe tradmark issue would apply only to NuSphere attempting to pass their product off as being MySQL. With the GPL issue the relvent matter is copyright violation.
    The first linked article completly muddles the two up. The second article does at least mention that there are at least two separate issues to the lawsuit.

  69. Nice thought, but... by Arker · · Score: 2

    Are YOU going to be the one that pays to buy RMS a box that can take that many hits?


    Oh yeah, a P.S. just for those that moderate this kind of crap up because they think Stallman is an egomaniac, a religious nut that wants everything to run on Gnu/Linux and all that rot.


    Stallman.org is running Apache/1.3.6 (Unix) on FreeBSD.


    So there. Get over it.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  70. Re:Clarification on GPL vs LGPL for dynamic vs sta by Arker · · Score: 2

    I'm a bit vague now on GPL and LGPL for static vs dynamic linking. Let me note that NuSphere makes themselves sound crooked when they claim that a mail client connecting to a GPL'd mail server would be polluted. That's absurd.

    Clearly absurd, and unfortunately typical of NuSphere so far as honesty goes. Which is why I am NOT in any way angry at MySQL AB on this case - if you've followed it at all you know that NuSphere have been arses to them repeatedly, while relying on their code to sustain their business, so it's hard to criticise MySQL for just saying enough's enough, cease and desist you dumb f*ckers.


    So, I've always gathered that the LGPL exists to permit a program to link to libraries - but my impression was that the LGPL was phrased such that code could statically link to it -- such that the result would be a single executable, and that even under the GPL, it was legally permissible to write code that would rely upon a dynamically loaded library. Can someone confirm this is the case? IE, you could write a program which required that a person have libmysqlclient.so* installed for dynamic loading and that program could be closed source, but you could NOT produce an executable which statically linked that into the executable unless libmysqlclient.so was distributed under the LGPL (which, of course, it is not).

    The Lesser GPL is indeed so phrased, and that is why Stallman recommends its use only when a pre-existing proprietary library beat us to the punch so far as functionality goes. If there is a reasonably priced proprietary library that gives you function X, then a GPL library that gives you function X isn't particularly attractive. So in that case it should be LGPL instead.


    As to the rest... I think it's pretty clear to anyone with a small fraction of a clue that a statically linked program is a derivative work. The question remaining is whether a dynamically linked work is a derivative work as well. That's really the only area where FSF interpretations are likely to face any significant court challenge, and the FSF is and has been aware that their view may not prevail from the beginning - their publications make this clear.


    The "official" FSF interpretation, if memory serves, is that dynamically linking a GPL library creates a derivative work. Yeah, that's a period.


    Before the peanut gallery starts raving about the FSF being hypocritical here, let's just remember that this is a standard tactic in any legal or political arena, and the FSF would be selling us all short if they didn't use it.


    Based on legal history, if it came down to the wire a court would be unlikely to uphold that claim in the event of a program which was dynamically linked against a GPL library but would also function if dynamically linked against another library instead. However, if there was no non-gpl library it could be dynamically linked against instead, the courts would likely side with us. Courts may not understand code, but they do understand pretty easily the difference between a work which has no value without X and a work which can work identically with X or Y.


    Even if there is a non-GPL library now, if the work in question was distributed before the non-GPL library was available, the courts would likely call the work a GPL-derivative. Just one more reason to license your library under GPL NOT LGPL unless you are certain your library simply duplicates functions already available.


    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  71. Why not in sweden? by nicklott · · Score: 1
    I know next to nothing about this case but it seems strange to me that a Swedish company chose to pursue the case in the US courts.

    Does the GPL not hold outside the US? Do judgements in foreign courts not hold any weight in the US? Or is it simply because they had a better chance of winning a trademark case in the US? (or is their Trademark registered in the US?)

    They should have known that a US judge is never going to make a decision that harms a US company to the advantage of a foreign one.

    1. Re:Why not in sweden? by Anonymous Coward · · Score: 0

      the plaintiff is US = Progress Inc. MySQL is THE DEFENDANT, so they did not have much choice.

    2. Re:Why not in sweden? by ajkessel · · Score: 1

      One poster makes the point that MySQL AB is actually the defendant, thus they had no choice of venue. However, they could have sued NuSphere independently in Swedish courts, but it would be next to impossible to get enforcement in Boston of a decision by a Swedish court, if they could even get jurisdiction over NuSphere for a trial.

  72. Re:Nusphere cannot fix the issue on their own by greenrd · · Score: 1
    No, don't be silly. Only the copyright owner can grant the right to copy again. Otherwise Section 4 would be pointless.

  73. Thoughts by Spazmania · · Score: 2, Interesting

    From Adam Kessel's Comments:

    [The Judge] seemed to think "linking" code was analogous to hyperlinks on the web

    In the case of dynamic linking, isn't it? I can link your graphic from your web server inside my web page. In both cases I'm telling the software (either a browser or the OS) where to go to get the rest of the relevant information. In the abstract sense, how is dynamic code linking unlike web linking?

    It seemed like she [...] had trouble seeing how [immediate and irreparable injury, loss or damage] was the case

    This is the clincher for pretty much any temporary injunction filed based on the GPL. The GPL requires that no money can be due to authors of the work for its use. No money, no damages. No damages, no injunction without a full blown trial.

    The only way I can see to get around this would be to offer the software under a dual license where the second license required significant remuneration. That way you could argue that if they failed to comply with the GPL then the second license applied, which would mean a breach involving a lot of unpaid cash.

    <Rant On>

    Why are we fighting this fight anyway? If we as software developers choose to give our stuff away for the common good, what does it matter if someone who doesn't share our values manages to make a buck or two off of it? If the Open Source / Free Software doctrines are sound, then such folks are going to lose in the long run anyway. Its not as if there is a shortage of folks out there who are willing to be a part of this without being forced. Not for the better part of a decade.

    Think about it: If Microsoft could swipe the Linux kernel, wrap Windows around it, and sell it without the source, what would the fallout be? Millions of users would see a more stable and secure operating system, hardware manufacturers would have an easier time of providing drivers for Linux (since they would be essentially the same), and Redmond would be financially motivated to keep coming back to the core linux source tree rather than a single-shot fork. Socially, Linux in the public domain would be far more powerful than Linux under the GPL.

    Besides, saying that I "freely" offer you my stuff but you must subscribe to my social values to get it seems a little like a 21st century version of Marxism. Who do we think we are that we should have such power? Wouldn't we be better off to just release in the public domain?

    <Rant Off>

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    1. Re:Thoughts by lkaos · · Score: 2

      Think about it: If Microsoft could swipe the Linux kernel, wrap Windows around it, and sell it without the source, what would the fallout be? Millions of users would see a more stable and secure operating system, hardware manufacturers would have an easier time of providing drivers for Linux (since they would be essentially the same), and Redmond would be financially motivated to keep coming back to the core linux source tree rather than a single-shot fork. Socially, Linux in the public domain would be far more powerful than Linux under the GPL.

      Give me all your money. Socially, I can be more powerful with your money than you so give it all to me.

      So many people miss the idea of the GPL. It's not just about sharing code, but also protecting the individuals who share their code. It makes sure that noone screws me if I'm doing something nice for them.

      It would be horrible if MS stole the Linux source code and never rereleased it. I would never again be able to hack the kernel when I needed or add an unsupported device driver.

      It is not marxism, it's capitalism. The GPL is oriented towards preserving individual rights of a piece of code. Public domain abandons individual rights. I think you are a tad confused here.

      --
      int func(int a);
      func((b += 3, b));
    2. Re:Thoughts by Komodo · · Score: 1

      My short thought on '21st century Marxism' is what's happening with the copyright cartels (MPAA, RIAA). 'You may enjoy our media if you subscribe to our values system - which are Sell Out, Pay per Play, and No Fair Use. Be a Good Little Sheep.'

      But that's totally irrelevant here. :) So please feel free to disregard. Maybe we just can't get away from ideology when we're trying to publish or sell bright ideas.

    3. Re:Thoughts by ajkessel · · Score: 1

      [The Judge] seemed to think "linking" code was analogous to hyperlinks on the web.

      In the case of dynamic linking, isn't it?

      Yes, except the Judge clearly wasn't thinking of things like image tags; she was analogizing the linking of code to the links you click on when you are viewing a web page that take you to other sites.

      By the end of the hearing, I think she understood that linking was more complex than underlined words. She also knew there wasn't time to deal with the issue in this hearing.

    4. Re:Thoughts by Asic+Eng · · Score: 2
      This is the clincher for pretty much any temporary injunction filed based on the GPL. The GPL requires that no money can be due to authors of the work for its use. No money, no damages. No damages, no injunction without a full blown trial.

      I'm not sure whether that point is valid. Just because I choose not to sell something doesn't mean stealing it, is ok. If I lend a book to a friend, I don't loose ownership of it - he still has to give it back. The same applies if it's not a book, but say a bicycle which I made myself, and which I lend to all my friends freely.

      Courts are quite used to assign values to goods, even if they don't have a price sticker. I doubt they'd be stumped in this case.

    5. Re:Thoughts by forgetful_ca · · Score: 0
      Think about it: If Microsoft could swipe the Linux kernel, wrap Windows around it, and sell it without the source, what would the
      [snip]
      fork. Socially, Linux in the public domain would be far more powerful than Linux under the GPL.

      The POINT is that Gargamelsoft (I love this monikker, kudos to it's creator) could later come back out and claim that later versions of the linux THEY COPIED were derivative of their work. Whereupon it would become a battle of attrition to determine ownership (and precedent) Under current conditions, you imply that you acknowledge non-ownership when you use gpl'd source and distribute your own.

      Allowing someone else part-ownership of your work gives them a foot in the door to owning all later versions. Much better to force them to always clearly delineate between what they claim to have made, and what they copied. Easier also for the public (the many-eyes approach) to have a boo and decide for themselves.

    6. Re:Thoughts by J.+Random+Software · · Score: 1

      Free Software can't win so long as we give a 100% subsidy to proprietary competitors. If millions of people are using the GNU System, I can make a good living making work-for-hire improvements that groups of people decide they need. If millions of people are using a proprietary system, they're all at the mercy of its vendor for any customization.

    7. Re:Thoughts by Spazmania · · Score: 1

      Nah, the IP cartels are more like the property landlords that drove emigration from Europe through the begining of the 20th century. Capitalists and despots mostly, with no meaningful protection of the general public by the respective governments. The Marxists rose in opposition to that trend and withered as the various governments redressed the imbalance.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    8. Re:Thoughts by Spazmania · · Score: 1

      A better choice of phrasing would have been "preliminary injunction" instead of "temporary injunction" although they're basically the same thing. You won't be able to get a preliminary injunction because you, the author, all but expressly disclaimed a dollar-value for your work.

      After going through a full blown trial and proving the violation, you'll still be able to get an injunction since there is still a violation of copyright. And with a registered copyright, you'll even be entitled to punative damages. But that's a lot weaker and doesn't give a company much incentive to negotiate with you ahead of the trial.

      IANAL, but maybe one day...

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  74. IANAL by Anonymous Coward · · Score: 0, Informative

    Note that a library covered by a special exception of the GNU GPL must be made available with its complete source code under the GNU GPL. . Furthermore, a library covered by the GNU GPL can be modified and redistributed under the GNU LGPL According to section 1 of the GPL, any program which dinamicly links to a library which is released under the LGPL can be distributed non-commercially, but must include a written offer valid for any third party . Presumably, free software that uses non-free libraries is covered by the GNU LGPL Notice, incidentally, that a non-free program can be modified and redistributed under the GNU GPL . With this clarification, any program which uses a library which is released under the LGPL must be provided on a physical medium With this clarification, a library covered by a special exception of the GNU GPL can be distributed commercially, but must include a written offer valid for any third party . According to section 1 of the GPL, free software that uses non-free libraries is covered by the GNU LGPL According to section 1 of the GPL, any program which makes a system call to run separate programs which are released under a proprietary license can be modified and used internally without releasing it . So far, any program which is merely aggregated to separate programs which are released under the GPL must be made available with its complete source code under the GNU LGPL. Notice, incidentally, that a library covered by the GNU LGPL can be distributed commercially, but must include a written offer valid for any third party . With this clarification, any program which uses a library which is released under the GPL can be modified and redistributed under the GNU LGPL Analogously, any program which makes a system call to run separate programs which are released under the GPL is covered by the GNU LGPL . So far, any program which uses a library covered by a special exception of the GNU GPL can be distributed non-commercially, but must include a written offer valid for any third party It must be emphasized, once again, that a program released under the GPL can be distributed commercially, but must include a written offer valid for any third party . It appears that any program which is compiled by GCC can be modified and redistributed under the GNU GPL It may be, then, that any program which is sold commercially under the GNU GPL is covered by the GNU GPL . So far, any program which dinamicly links to a library covered by a special exception of the GNU GPL must be provided on a physical medium For one thing, any program which is merely aggregated to separate programs which are released under the GPL must be made available with its complete source code under the GNU GPL. . It may be, then, that a program which copies part of itself on its output is covered by the GNU LGPL Suppose, for instance, that any program which uses a library which is released under the GPL can be distributed commercially, but must include a written offer valid for any third party . Note that any program which uses fork() and exec() to invoke separate programs which are released under the GPL can be modified and redistributed under the GNU LGPL We have already seen that any program which uses fork() and exec() to invoke separate programs which are released under the GPL, with a special exception which allows linking proprietary modules under a controlled interface only must be made available with its complete source code under the GNU LGPL. . It must be emphasized, once again, that binaries you distribute for download must be licensed to all third parties under the GPL Nevertheless, the source code for all derivative works can be modified and used internally without releasing it . A consequence is that any program which dinamicly links to a library covered by a special exception of the GNU GPL must be made available with its complete source code under the GNU GPL. On our assumptions, a library covered by the GNU LGPL can be modified and redistributed under the GNU LGPL . Conversely, any program which is compiled by GCC is covered by the GNU LGPL A consequence is that any program which uses fork() and exec() to invoke separate programs which are released under a proprietary license must be licensed to all third parties under the GPL . Notice, incidentally, that any program which is sold commercially under the GNU GPL can be modified and used internally without releasing it A consequence is that any program which makes a system call to run separate programs which are released under the GPL, with a special exception which allows linking proprietary modules under a controlled interface only can be modified and used internally without releasing it . We have already seen that a library covered by the GNU LGPL must be provided on a physical medium The GPL says that a library covered by the GNU LGPL can be modified and redistributed under the GNU LGPL . A consequence is that all derivative works of free software must be licensed to all third parties under the GPL Nevertheless, any program which uses a library which is released under the GPL can be modified and used internally without releasing it . Furthermore, a GPL-covered program must be made available with its complete source code under the GNU GPL.

    1. Re:IANAL by forgetful_ca · · Score: 0
      Note
      [snip]cover.

      Note:
      Allowed HTML:
      b i p a li ol ul em br tt strong blockquote div

    2. Re:IANAL by Anonymous Coward · · Score: 0

      Notice, incidentally, that any program which uses fork() and exec() to invoke separate programs which are released under the GPL, with a special exception which allows linking proprietary modules under a controlled interface only can be modified and redistributed under the GNU GPL . It may be, then, that a free program can be modified and used internally without releasing it Conversely, a program released under the GPL must be provided on a physical medium . So far, any program which is merely aggregated to separate programs which are released under a proprietary license must be made available with its complete source code under the GNU GPL. For one thing, any program which uses fork() and exec() to invoke separate programs which are released under a GPL-compatible license can be modified and used internally without releasing it . According to section 3 of the GPL, a non-free program can be distributed commercially, but must include a written offer valid for any third party This suggests that any program which is merely aggregated to separate programs which are released under a proprietary license must be made available with its complete source code under the GNU LGPL. . Nevertheless, any program which makes a system call to run separate programs which are released under the GPL can be modified and used internally without releasing it According to section 1 of the GPL, the source code for all derivative works can be distributed non-commercially, but must include a written offer valid for any third party . According to section 3 of the GPL, any program which makes a system call to run separate programs which are released under a proprietary license is covered by the GNU GPL On our assumptions, any program which makes a system call to run separate programs which are released under the GPL, with a special exception which allows linking proprietary modules under a controlled interface only can be modified and redistributed under the GNU GPL . It appears that any program which is sold commercially under the GNU GPL can be modified and used internally without releasing it The GPL says that a program released under a GPL-compatible license must be made available with its complete source code under the GNU LGPL. . Analogously, any program which uses fork() and exec() to invoke separate programs which are released under a GPL-compatible license can be modified and redistributed under the GNU LGPL On our assumptions, a free program can be distributed non-commercially, but must include a written offer valid for any third party . We have already seen that any program which dinamicly links to a library covered by a special exception of the GNU GPL must be provided on a physical medium This suggests that any program which makes a system call to run separate programs which are released under the GPL can be modified and redistributed under the GNU GPL . With this clarification, any program which dinamicly links to a library which is released under the LGPL must be licensed to all third parties under the GPL Thus, binaries you distribute for download must be licensed to all third parties under the GPL . Analogously, any program which is merely aggregated to separate programs which are released under the GPL can be modified and used internally without releasing it Presumably, any program which is compiled by GCC must be provided on a physical medium . Furthermore, a free program can be modified and redistributed under the GNU LGPL On our assumptions, any program which dinamicly links to a library which is released under the GPL is covered by the GNU LGPL . It must be emphasized, once again, that modified versions you distribute is covered by the GNU GPL According to section 2 of the GPL, any program written for a programming language interpreter which is released under the GPL must be made available with its complete source code under the GNU LGPL. . The GPL says that a GPL-covered program must be made available with its complete source code under the GNU GPL. Conversely, any program which uses a library covered by a special exception of the GNU GPL can be distributed non-commercially, but must include a written offer valid for any third party . It must be emphasized, once again, that any program which uses a library which is released under the LGPL can be modified and used internally without releasing it Suppose, for instance, that the source code for all derivative works must be made available with its complete source code under the GNU LGPL. . It appears that any program which is merely aggregated to separate programs which are released under the GPL must be made available with its complete source code under the GNU GPL.
      A consequence is that a program released under the GPL must be licensed to all third parties under the GPL . On our assumptions, any program which makes a system call to run separate programs which are released under the GPL can be modified and used internally without releasing it Analogously, any program which uses a library covered by a special exception of the GNU GPL can be distributed non-commercially, but must include a written offer valid for any third party . A consequence is that any program which uses fork() and exec() to invoke separate programs which are released under a proprietary license is covered by the GNU LGPL Nevertheless, a library covered by a special exception of the GNU GPL is covered by the GNU LGPL . The GPL is a free software license, and therefore a free program can be modified and redistributed under the GNU GPL With this clarification, any program which is merely aggregated to separate programs which are released under a proprietary license must be made available with its complete source code under the GNU GPL. . It appears that any program which uses fork() and exec() to invoke separate programs which are released under a GPL-compatible license can be modified and used internally without releasing it

  75. Qualifications by QuantumG · · Score: 2

    The judge in this case is ill qualified to sit it, plain and simple. she seemed to think "linking" code was analogous to hyperlinks on the web, and that a single package was like a single icon you would click on on the desktop. This is incompitence. As I wouldn't hire a lawyer who didn't understand the specifics of tech law I shouldn't have to put up with a judge who doesn't understand the specifics of tech law. How can justice be served when we're trying to have sophisticated conversations about what is legal and what is not legal and the judge is sitting there saying "what's a binary?"

    --
    How we know is more important than what we know.
  76. Newsforge by Anonymous Coward · · Score: 0

    Wish I could have viewed the Newsforge story. (sigh) They obliterated it with a popunder &over

    1. Re:Newsforge by Anonymous Coward · · Score: 0

      It's your browser, make it behave the way you want. At least don't turn on ECMAscript and then blame authors for using it.

  77. Eben Moglen's affidavit by Dammital · · Score: 2, Informative
  78. Nusphere can fix the issue on their own by throx · · Score: 2

    They immediately gain permission to redistribute as soon as they download a new copy. Section 6 clearly states:

    "Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions." (my emphasis added).

    In other words, they are automatically relicensed by the terms of the GPL as soon as they got a new version from MySQL-AB.

    --

    Fear: When you see B8 00 4C CD 21 and know what it means

    1. Re:Nusphere can fix the issue on their own by PhilHibbs · · Score: 2
      "Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions."

      Subject to these terms and conditions - so the new licence does not shrive the sins comitted.

    2. Re:Nusphere can fix the issue on their own by throx · · Score: 2

      The new license is a new contract and hence is indepenant of the original (broken) contract. It's evident from Section 6 that a new license can be gained to distribute the software so longs as that new distribution is under the terms of the GPL (as you so graciously highlighted).

      A new license does indeed shrive the sins comitted - in fact it's the only way to shrive them.

      --

      Fear: When you see B8 00 4C CD 21 and know what it means

  79. Judge Saris rocked the house by jonathanjo · · Score: 3, Informative
    I was in the courtroom. I was very impressed with Judge Patti Saris and the way she handled the cas e. She was the kind of tough-as-nails, heart-of-gold Boston lady I've learned to admire in my years here; and she brought a plain common-sense attitude to the case that no geek could have brought.

    Clearly she didn't know or care that this is considered the big "test case" for this culturally iconic GPL. To her, this was just another license and copyright case. The question of whether the GPL is "valid" never came up; it was assumed to be as valid as any license. She knew, probably from the 200 pages of briefs she complained loudly about having had to read, a bit of the history and significance of the FS/OSS movements (when the MySQL lawyer began a diatribe about the importance of keeping software free, she interjected, "Yeah, yeah, I know, it's like a religious movement, it's Open Source!")

    It was just as clear that she knew nothing about software and made no bones about it. She started out pronouncing the product in question "Mice Quill". (And then she has to deal with the plaintiff calling it "My Ess Cue Ell" and the defendant calling it "My Sequel"!) And, as has been remarked, when the MySQL lawyer used the phrase "single executable file," she interrupted and demanded that he clarify, "Is that like, when I click the icon for Microsoft Word Perfect, just one window comes up?"

    However, like any good judge or lawyer, she was focused on avoiding time-consuming litigation with expert testimony and the like. She saw past all the technical arguments and FS/OSS crusading and recognized this case for what it was: a business relationship gone bad. She stopped in the middle of NuSphere's testimony and asked if the two businesses wanted to work together again. Both sides were taken way aback, there formed these two little clusters of suits as the lawyers and the company reps conferred; each lawyer in turn blustered for a minute about his client's demands and then said yes, they'd love to. (Significantly, this is where the judge got NuSphere to promise to take the EULA off their product.) Judge Saris then got her bailiff to get on the phone and find them a qualified arbitrator *right away* and offered them her courtroom for the rest of the afternoon. In essence, "Will you kids please just get a room and figure this out!"

    It was a bit disturbing that she was so reluctant to see irreparable harm in letting a company abuse the GPL like NuSphere did and get away with it. I think that was mainly her wanting to avoid a long trial unless it proved essential, and making NuSphere quit using MySql would basically shut down NuSphere, and would thus require a long fierce court battle.

    It is important that even cases like this, dealing with highly technical matters, be judged in a regular court by regular legal types with no prior knowledge of the field. Just like a case between a bricklayer and her construction company, or a musician and his record label. Because they need to be judged based on regular law, in proceedings comprehensible to an intelligent but uninformed outsider. If the judge had known the difference between static and dynamic linking, she would have been an industry insider and would have already had a bias one way or the other.

  80. Re:Clarification on GPL vs LGPL for dynamic vs sta by J.+Random+Software · · Score: 1

    The GPL limits distributing without source, not "commercially". You can charge whatever you like for a GPL'd binary (as long as source is included or available at cost).

  81. Re:Nusphere cannot fix the issue on their own by Mister+Attack · · Score: 1

    RTFGPL! Anyone who has licensed the code under the GPL can, in turn, license the code under the same terms to another party. I could go download a copy of MySQL right now and license it to NuSphere, and they would get from me exactly the same rights they got from MySQL AB under the GPL.

    Now if you want to argue that this is not the _intent_ of the GPL, then we're just violently agreeing. But it's not the intent that matters - it's the text. The FSF will have to fix this loophole in GPL v2.0.

  82. Re:Clarification on GPL vs LGPL for dynamic vs sta by renehollan · · Score: 2
    The GPL limits distributing without source, not "commercially".

    Correct.

    But the GPL does add additional restrictions if you distribute commercially: you must either provide source with binaries (if you provide binaries on "media", or a transferrable written offer to provide source. If you do not distribute commercially, it is sufficient to provide a reference to where you obtained the source.

    One issue is whether pointing to an FTP server counts as providing source "on media" (for the case where, for example, you ship binaries on a CD, with a link to an FTP server for source). My understanding is that the FSF and RMS think "No." This is because network access may be nonexistant or prohibitively expensive for some.

    Of course, if you provide both binaries and source on a server somewhere, you're O.K.

    --
    You could've hired me.
  83. Re:Nusphere cannot fix the issue on their own by Anonymous Coward · · Score: 0

    s/2/3/. The FSF already published (a decade ago) the GPL version 2.

  84. What's the problem? by Cinquero · · Score: 1

    Does Miocrosoft sell a product called 'security'? Do they guarantee security? I don't think so. So why should they be liable? If You want security, lock the door and cut the network cables.

    And about open source products one can basically argument totally different: do You pay for it? No. You often just pay for the distribution. So where can there be liability? No one said it is perfectly fitted for high security uses...

    I just don't understand this discussion. If You want security, get a firewall from SUN and a damn good admin.

    Just my two cents...

  85. Re:Nusphere cannot fix the issue on their own by greenrd · · Score: 1
    The FSF will have to fix this loophole in GPL v2.0.

    You obviously haven't read the GPL very carefully, or you'd have noticed:

    A. The GPL is currently at version 2!
    B. The two parties involved in the GPL are the copyright holder(s) on one side and the licensee on the other. If any one of the copyright holders has revoked your right to copy, you have no right to copy! End of story. Standard copyright law.

  86. The DJ crapflooder is here! by Anonymous Coward · · Score: 0

    It's 3:55 right now in Waltham, MA. That was Jimmy Buffett's Calaloo, off of the soundtrack to his musical Don't Stop the Carnival. Kind of a treat for those goatse.cx readers that happen to enjoy shit from the Coral Reefers now and then. Now we segue into every Slashdotter's favorite band, the defenders of Napster known as Metallica, with the masterful "Ain't My Bitch" from Load