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

However

[nizcolas]

What has not been settled is the debate over the pronounciation of SQL.

An idea

[sheWhoWalksWithToesL]

We could start pronouncing it "squirrel".... As in "uh-oh", the squirrel is hosed." or MY squirrel is more secure than YOUR squirrel."

Re:An idea

[Iguanaphobic]

12567476521 and I'll raise you a palindrome.

Thanks for the support

[martenmickos]

We are very glad it is over now. Thanks to all of you (and there were many of you) who supported us through this process. You are doing a great job defending free software and open source principles.

Marten Mickos, MySQL AB

Great FAQ on this whole dispute

[ekrout]

I didn't know much every single detail regarding this whole argument until I read this page of frequently asked question on the MySQL vs. NuSphere dispute.

It talks about who actually created the software, as well as their take on others' claims that MySQL AB attempted to "change rules in mid-agreement" with NuSphere.

Re:More good news for MySQL

[jazman_777]

You do understant that MySQL is not much more than a filesystem with a SQL interface, don't you?

Yes. What's so great about Oracle is that it uses Magic (tm) to store its data somewhere in the Matrix.

Re:More good news for MySQL

[Frater 219]

With OS X came a bundling of MySQL, and CTOs (Chief Technology Officers) across the country [...] PostreSQL

That's odd. I think you said that once before, typo and all.

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:More good news for MySQL

[ChaosDiscord]

You do understant that MySQL is not much more than a filesystem with a SQL interface, don't you?

Yup. I also understand that for many applications, all you need is a filesystem with an SQL interface.

A department's home built inventory system doesn't really call out for the power of DB2. The registration system at one of my prior employers just held names, addresses, and a simple join to their registration keys, and all of this was done without the scalability of Oracle.

Choices are good. Heck, sometimes you need a database, but don't need anything more complicated than the ability to store key-value pairs. There is even a free solution for that.

GPL

[vlad_petric]

It's good that they setled the dispute, however I think it would have been much better for the comunity if GPL were tested and proven valid in court. The reality is, there's tons of very valuable software under GPL, and noboy knows whether GPL is truly enforceable.

The Raven

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: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.