MySQL AB Settles With NuSphere

PCM2 writes "It appears that MySQL AB has settled its dispute with NuSphere over use of the MySQL trademarks. CEO Marten Mickos has punctuated the occasion with a donation to the FSF -- but there's no mention of what the actual terms of the settlement were, and there's no statement on NuSphere's site either (yet)."

Comments

I got an email from Monty about it:

[Blimey85]

Hi!

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

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

Regards, Monty

Recap, FAQ

[nsushkin]

The original post doesn't explain the nature of the dispute. From the Dispute FAQ, I gather that the dispute is about MySQL trademark/brand.

• Monty created MySQL as GPL software and later formed MySQL AB to commercialize it.
• NuSphere sells non-GPL software statically linked to MySQL. NuSphere ships product in GPL violation. NuSphere acquires mysql.com domain.
• MySQL AB complains, MySQL AB tries to get mysql.com domain back.
• NuSphere sues MySQL for interference in business
• MySQL AB countersues for trademark and license infringement
• They bicker
• They finally settle

Re:Overview of the issues, please?

[Anonymous Coward]

As far as i can tell:

• MySQL offers two versions of their product: a closed-source and a GPL version. The two are absolutely identical except for license. If you want to use MySQL, you just download the free GPL version. However, if you want to incorporate the code to MySQL into one of your own projects, you must either abide by the terms of the GPLed version, or you must pay MySQL AB-- the corporation who owns the copyright on MySQL's code-- for a license to incorporate the non-GPL-restricted version.
• Nusphere entered into some kind of "interrim" contract with MySQL AB whereby they licensed the code, to incorporate into their own "improved" version of MySQL. However, MySQL AB claims that this contract was limited-time, and had expired utterly by the time this next bit happened:
  
• Nusphere registered Mysql.org, on which they then set up and started selling their closed-source "improved" version of MySQL. This website presented itself as if Nusphere were the creator of MySQL, and did not at any point reveal to readers of the website that they were selling a product that was A) created by others and B) available for free elsewhere.
  
• Then Nusphere sued MySQL, but i don't know why.
  
• About a month after this MySQL sued Nusphere on two counts, first that they were in violation of the GPL by selling their product closed-source-- since the unrestricted licence Nusphere had obtained had expired by this point-- and second that they were in violation of trademark law, because they said that even though the GPL gave nusphere the right to the code, it did not give them to right to market under the "MySQL" name or at the mysql.org internet address.
  

Please correct anything i have wrong. There are a couple FAQs linked elsewhere in this discussion.

Re:GPL

[Bruce Perens]

He's right. We can't find a sucker to be the defendant, because it very truly is a lose-lose proposition.

Bruce

Re:What I think is particularly funny...

[Bruce Perens]

The underlying database, which was Sleepycat the last time I checked, has been transactional for quite some time. Go look at their site or even read their book. I don't know what the status is of transactions in the SQL engine.

Bruce