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MySQL Man Pages Silently Relicensed Away From GPL

An anonymous reader writes "The MariaDB blog is reporting a small change to the license covering the man pages to MySQL. Until recently, the governing license was GPLv2. Now the license reads, 'This software and related documentation are provided under a license agreement containing restrictions on use and disclosure and are protected by intellectual property laws. Except as expressly permitted in your license agreement or allowed by law, you may not use, copy, reproduce, translate, broadcast, modify, license, transmit, distribute, exhibit, perform, publish, or display any part, in any form, or by any means. Reverse engineering, disassembly, or decompilation of this software, unless required by law for interoperability, is prohibited.'"

58 of 243 comments (clear)

  1. glad i am moving to mariaDB by ghinckley68 · · Score: 2

    like oracle but come on Larry no need to be that greedy

    --
    Linux modi 2.6.26-2-parisc
    1. Re:glad i am moving to mariaDB by samkass · · Score: 4, Insightful

      Glad I moved to PostgreSQL.

      (Nothing to do with Oracle screwing it up - I moved back around the 6.4 relase. IMHO Postgres was always better on Linux/Unix, and MySQL's popularity is really only due to it having a Windows installer first.)

      That's not at all why MySQL was popular. It was dead simple to get started on, you could dump/reload databases to text files trivially, and you could learn on a platform with minimal support for everything so there wasn't a stack of binders work of documentation. It was fast, free, had minimal complexity for a DB, and had a clear path from first tutorial to production.

      --
      E pluribus unum
    2. Re:glad i am moving to mariaDB by 93+Escort+Wagon · · Score: 2

      He's gotta cover those mortgage payments for Lanai somehow...

      --
      #DeleteChrome
    3. Re:glad i am moving to mariaDB by someones · · Score: 2

      You obviously never used postgresql or you do some major fuckup that the optimizer wont do.

  2. Sounds like a mistake. by dgatwood · · Score: 5, Insightful

    They offer things under two licenses: GPL and commercial. IMO, it is far more likely that some build script broke and failed to replace the copyright notice on the GPLed export than that Oracle has decided to try to take the man pages proprietary.... :-)

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

    1. Re:Sounds like a mistake. by rahvin112 · · Score: 5, Funny

      It's a tried and true practice of Commercial software to charge extra for documentation. I'm willing to bet this is completely intentional.

    2. Re:Sounds like a mistake. by Anonymous Coward · · Score: 5, Funny

      I generally assume incompetence over malice, except when I'm dealing with Oracle.

    3. Re:Sounds like a mistake. by Anonymous Coward · · Score: 5, Funny

      With Oracle, you can often safely assume both!

    4. Re:Sounds like a mistake. by NoNonAlphaCharsHere · · Score: 3, Funny

      With Oracle you know.
      Guess the worst, expect 10 times as worse, get 100 times as bad.

      FTFY

    5. Re:Sounds like a mistake. by Charliemopps · · Score: 4, Funny

      Exactly, every time I'm talking to a VP at Oracle support (Every level 2 support tech is a VP at oracle) all I can picture in my head is them looking like Cobra Commander.

    6. Re:Sounds like a mistake. by nryeng · · Score: 5, Informative

      You're right. This is an unintentional change that will be reversed. http://bugs.mysql.com/bug.php?id=69512

  3. This affects distributions by Cassini2 · · Score: 5, Informative

    Most distributions include the documentation with any software packages distributed. Without a GPL or free software license on the documentation, the distributions must either:
    (a) comply with the license,
    (b) provide a third-party download (like Adobe with Flash), or
    (c) stop including MySQL.
    Given the existence of MariaDB, it might be simplest to stop including MySQL in the distribution.

    1. Re:This affects distributions by Anonymous Coward · · Score: 2, Insightful

      Most likely the choice will be:

      (d) write free documentation

      Debian does this quite often. See: Debian with GFDL licensed documentation.

    2. Re:This affects distributions by Anonymous Coward · · Score: 5, Insightful

      (d) provide the old documentation, which didn't come with any such restrictions.

      The Correct way to look at this situation, is that MySQL has died and is no longer being maintained by its owner. The last [GPLed] version was the last version.

    3. Re:This affects distributions by Culture20 · · Score: 2

      Not RHEL/CentOS, although RHEL7 will be based on Fedora19, which will use MariaDB instead of MySQL. Basing RHEL7 on Fedora19 is strange in itself; RedHat used to base RHEL on older versions of Fedora; I guess they feel the commercial world is ready for bleeding edge.

    4. Re:This affects distributions by arth1 · · Score: 2

      Or they needed to wait until there was a stable MATE, given how Gnome 3 still is rather unsuitable for server use, including remote desktops, VMs and heterogeneous environments.

    5. Re: This affects distributions by denmarkw00t · · Score: 2

      You may not be aware, but Oracle costs a TON of money. It's always worth a rep's time, because they're getting paid massive amounts of money to tell you how to do a LIMIT, OFFSET in Oracle. Forcing people over to Oracle from MySQL, for those gullible enough to do it, will mean some extra chump change for Oracle while simultaneously driving off anyone smart enough to go with a truly open alternative. No skin off their backs - Oracle has one client who is a Big Bank, and that's probably enough business from licensing to bankroll all the phone support for all of their products until the end of time.

      (sorry to my previous mod ups - you guys were funny and insightful - I'm sure others will mod appropriately - lol @ FirstPostgreSQL)

    6. Re: This affects distributions by jd2112 · · Score: 2

      You may not be aware, but Oracle costs a TON of money. It's always worth a rep's time, because they're getting paid massive amounts of money to tell you how to do a LIMIT, OFFSET in Oracle. Forcing people over to Oracle from MySQL, for those gullible enough to do it, will mean some extra chump change for Oracle while simultaneously driving off anyone smart enough to go with a truly open alternative. No skin off their backs - Oracle has one client who is a Big Bank, and that's probably enough business from licensing to bankroll all the phone support for all of their products until the end of time.

      (sorry to my previous mod ups - you guys were funny and insightful - I'm sure others will mod appropriately - lol @ FirstPostgreSQL)

      Actually that was my point. If you are using MySQL and you are forced to move to another database platform (other than for outgrowing MySQL) Oracle is probably the last one you would look at due to licensing cost. And you would probably look at Oracle in that case if you were already an Oracle shop. Even then it might be better to move to PortgeSQL or even MS-SQL.

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    7. Re: This affects distributions by denmarkw00t · · Score: 2

      I guess I was saying that, in regards to the time of the reps, it's always worth their time.

    8. Re: This affects distributions by jd2112 · · Score: 3, Insightful

      I guess I was saying that, in regards to the time of the reps, it's always worth their time.

      Call up an Oracle rep (assuming you are not already an Oracle customer) asking for a quote on a 5 user base Oracle database license and see how long it takes him to get back to you.

      --
      Any insufficiently advanced magic is indistinguishable from technology.
  4. Re:Frist post by Tablizer · · Score: 4, Funny

    Dontcha mean FirstPostgre?

  5. Re:good by jedidiah · · Score: 4, Informative

    Software is. This manpage change appears to be implying that the corresponding software is covered by some license other than some variant of the GPL as the given restrictions are incompatible with that license.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  6. Re:Is this legal? by Hewligan · · Score: 5, Informative

    No, MySQL has always required copyright assignment for stuff to be included.

    --

    "If God created us in his own image, we have more than reciprocated"

  7. Just use Postgres by SplashMyBandit · · Score: 5, Informative

    Just use Postgres - and get on with whatever it is you have to do :)

    1. Re:Just use Postgres by sk999 · · Score: 2

      Years ago I evaluated PostgreSQL and MySQL for a project and decided to go with PostgreSQL. One reason was that it seemed more solid, which was more important than speed. The other was the funky way that MySQL was being developed - by a single, for-profit company - even though it was formally GPL licensed. Yes, MySQL would probably have worked fine, but the current issues with forking and all that mean that I would not trust it today. The community behind the project is more important than whatever license you choose to paste into the source and documentation.

    2. Re:Just use Postgres by Errol+backfiring · · Score: 2

      Tried it. Didn't work. Because I rely on iterative development, I use "make-it-work" statements a lot and have one master SQL script that I can use to both create a new database or upgrade an existing one (see Evolving A Database With MySQL). This requires a lot of "IF NOT EXISTS" clauses or "ON CONFLICT" clauses. MySQL features quite a few of them, and I could not find most of them in Postgres. Even the SQL standard MERGE command is not supported.

      Also, with the zillion ways of logging in to a database, I had to follow a few "just type this and it will work" manuals on the internet to be able to log in into my own local sandbox database. I still don't know how I could ever configure Postgres to do authorization and I fought myself through a large part of the manual. It's just too complex and abstract.

      --
      Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
  8. Re:good by Anonymous Coward · · Score: 5, Informative

    How so? If they own the copyright, they are free to relicense a piece of data (and more importantly any new versions of it) under any terms they wish.
    This doesn't change the fact that the copy you downloaded previously under the GPL stays that way, and you can redistribute it indefinitely.

    captcha: darlings

  9. No secret where this is going by AmericanBlarney · · Score: 5, Interesting

    I think Oracle has been pretty clear the whole way that they are trying to slowly kill off MySQL and drive users towards their more enterprise grade (read: grossly overpriced) product. They've jacked up the license fees substantially a couple times and pretty much every step of the way signaled that they're not really interested in supporting an open source DB, so I'm actually not even sure why this is newsworthy. I actually find a number of features of Oracle's DB offering fairly interesting, but wholly unnecessary for most web applications, so I expect everyone will move on to MariaDB and PostgreSQL. Nice of Oracle to provide a little window for everyone to switch, not that it was their intention.

    1. Re:No secret where this is going by meerling · · Score: 2

      It's kind of like the people in the lifeboats that can't stop watching the captain of a sinking ship as he continues to cut more holes in the hull to "let the water out".

  10. Re:good by bws111 · · Score: 5, Insightful

    It is not possible for the copyright holder to commit a license violation.

  11. They're making friends like nobody's business! by Bruce+Perens · · Score: 3, Interesting

    Let's look at what Oracle is doing. I'll start the list of moves that appear to be intended to alienate the community around the very software they're promoting and cause the Open Source community to create viable forks that end up absconding with the product and its market. You guys contribute additional examples...

    • Oracle v. Google regarding Java and the premise that APIs are copyrightable.
    • Apache OpenOffice v. LibreOffice (which has a full-time negative publicity generator in Rob Weir).
    • MySQL v. MariaDB.

    IBM isn't known for dumb moves, but partnering with Oracle on this sure is one.

    Bruce

    1. Re:They're making friends like nobody's business! by Phroggy · · Score: 2

      Wasn't acquiring MySQL probably intended to eliminate a large portion of the competition anyway?

      If I remember correctly, Sun acquired MySQL prior to being acquired by Oracle, and Oracle's reasons for buying Sun had nothing to do with MySQL. Somebody correct me if I'm mistaken!

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    2. Re:They're making friends like nobody's business! by adolf · · Score: 5, Insightful

      IBM isn't known for dumb moves

      Your memory of IBM differs from my own.

  12. Don't hand over copyright by nmoore · · Score: 2

    This is why you shouldn't work on free software that requires you to hand over your copyright. This includes GNU software as well. Of course the FSF would be ideologically opposed to selling their copyrights to a proprietary software company, but what happens if one day donations dry up and they go bankrupt? Then the purchasers of the assets would be perfectly entitled to relicense your code however they want. Even if a bankrupt FSF tried to sell their assets to free-software-friendly companies, the court would probably block that if a proprietary software company made a higher offer. Furthermore, in some jurisdictions, the bankruptcy trustee, administrator, or court can terminate existing licenses—meaning that users couldn't even use an older version of the software, since they would no longer have a license to do so.

    1. Re:Don't hand over copyright by BrokenHalo · · Score: 2

      This is why you shouldn't work on free software that requires you to hand over your copyright. This includes GNU software as well.

      Even where code remains GPL, you have to be a bit careful about selling code. A case in point was Michael Sweet's selling the source for CUPS to Apple. Sure it's still GPL, but the exceptions to link against Apple software have (in some cases) set the clock back for users of Linux and other Unices.

      I had always thought CUPS stood for Common Unix Printing System. I was wrong. Apparently it doesn't stand for anything any more. There was a time when if any printer you bought worked from a Mac, you would be able to use it on any other Unix box, and vice versa. I found out the hard way a few years back when I bought a Fuji/Xerox laser printer that that assumption is no longer the case. After fruitless searches through forums, I ended up having to manually edit the PPD file to get the damn thing working.

    2. Re:Don't hand over copyright by Todd+Knarr · · Score: 2

      I'd argue that a license like the GPL or BSD license can't be executory contracts because there is no ongoing obligation on the licensor's part. The only obligation is on the licensee's part, to continue to comply with the terms of the license grant. The bankrupt party can cease offering the license, but as their obligations have been completely fulfilled already the license shouldn't be eligible for cancellation.

      The ability to cancel contracts in bankruptcy is intended to deal with things like a bankrupt party's contract with the cleaning service for a building.

  13. User trust violation by tepples · · Score: 4, Interesting

    But it is possible for the copyright owner to commit a user trust violation by providing new versions of a work only under much harsher terms.

    1. Re:User trust violation by rmdashrf · · Score: 4, Insightful

      What else would you have expected? It's Oracle. They've done the same with Solaris and OpenOffice. Now it's MySQL's turn.

      --
      Nihil in publicum sputa.
    2. Re:User trust violation by davydagger · · Score: 5, Insightful

      and just like OpenOffice became libre office, mysql became MariaDB.

      Everyone saw the writing on the wall and switched to MariaDB a few months ago. In for a repeat show?

      This is the great thing about free software, once its free, you have a hard time closing it back up. Someone just forks the last free version and keeps going, and you get ignored unless you can contribute something the Free versions don't, which is unlikely.

  14. Re:Is this legal? by chriscappuccio · · Score: 3, Insightful

    The answer is "Yes" and the long answer is that they already gave the permission or MySQL AB/Sun/Oracle wouldn't have accepted the contribution.

  15. Assigned by tepples · · Score: 4, Informative

    You can't steal my copyright or that of my friends who wrote them.

    Ellison can't steal it, but if this comment is to be trusted, you already signed it away.

  16. Re:GGPL by msauve · · Score: 2

    Isn't that simply called a fork?

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  17. Re:good by shentino · · Score: 2, Informative

    If outsiders contributed to it they are no longer the sole copyright owners.

  18. Re:User trust WHOOSH by Anonymous Coward · · Score: 4, Funny

    ---> Joke

        o
       /|\     <- You
       / \

    Whoosh!

    On a related note, why does Giorgio Tsoukalos have such wild and crazy hair?!

  19. Re: good by aaarrrgggh · · Score: 2, Insightful

    If you hold the copyright, you can choose to license it however you want. What is untested in court is if a license change can retroactively apply to a fork.

  20. Re:good by eht · · Score: 4, Informative

    MySQL was always dual licensed, they always required copyright to be assigned to them for contributions so they could monetize it on the side.

  21. Re:good by Forever+Wondering · · Score: 2

    They might be held to it under the principle of estoppel. See http://en.wikipedia.org/wiki/Estoppel in particular, the Overview section, example 2.

    However, the code/doc could probably be forked from the prior version. I believe that would be similar to the LibreOffice fork of OpenOffice (nee StarOffice). It's an open question whether that's worth it vs. putting the effort into MariaDB.

    Personally, I don't use full featured databases other than the occasional hookup to an sqlite one. However, based on the last description of features, development model/roadmap, licensing, etc. for MariaDB I've read, I'd vote for it.

    Perhaps folks that rely on mysql (e.g. the Wordpress community) could weigh in on the technical merits/difficulties of switching.

    --
    Like a good neighbor, fsck is there ...
  22. Re:Just use MariaDB ( or Postgres ) by darkonc · · Score: 4, Interesting
    MariaDB is plugin-compatible with MySQL, and remains GPL licensed.

    It may be that this license change is just a build oops, or it may be that Oracle is breaking it's agreement with the EU to keep mysql stable, supported and free. In any case, this does strengthen the case for MariaDB for those organizations are still on the fence about switching over.

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  23. Re:Is this legal? by osu-neko · · Score: 2

    IMHO, it does seem like stealing from the people that gave their time for free to contribute to the software.

    You cannot steal what already belongs to you. Even if it was a gift.

    --
    "Convictions are more dangerous enemies of truth than lies."
  24. Re:good by Forever+Wondering · · Score: 4, Interesting

    In general, perhaps.

    However, when Oracle took over Sun, it made public statements to the effect that the open version would remain that. If users/consumers took actions [to stay with mysql vs. bolting to Postgres], based on these statements, they may have suffered [actionable] harm.

    Reading further down the [wiki] page, under the "reliance-based estoppels" section, Oracle's statements seem to be a "promissory estoppel".

    --
    Like a good neighbor, fsck is there ...
  25. Enough already! by Anonymous Coward · · Score: 5, Insightful

    You've been kicking this one back and forth for a decade or more! If you knuckleheads would have used BSD licensed PostgreSQL from the git-go instead of MySQL's crazy now-you-see-me-now-you-don't license you would have freed up so much time and intellectual horsepower that you'd have your fucking flying cars by now.

    Slashdot. It's like herding cats, except cats are cleaner.

  26. Re:good by Bruce+Perens · · Score: 3, Informative

    If they own the copyright, they are free to relicense a piece of data

    Sorry to be pedantic, but replace "a piece of data" with "a work of authorship". If there isn't the creative work of a human being involved, it's not copyrightable. And then we get to this:

    17 CFR 102(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

    And that means that even when the hand of man is involved, a lot of things are still not copyrightable.

  27. Re: good by hairyfeet · · Score: 3, Informative

    They can waste their mod points all they want they can't show me a SINGLE CASE, not one, where the GPL foundation was able to keep a company from changing the license to their own products. And I never said anything about retroactive, which is why I said you can fork the last GPL version and they can't do shit because if you tried to retroactively change a license you would be laughed out of court.

    Kinda fucking sad that only the proprietary guy has actually read the fricking GPL, but show me anywhere where the FSF can control FUTURE licenses because its NOT IN THERE. all the GPL does is makes sure that particular release that was done under GPL then STAYS under GPL, they can change the license at any. time.they.want. and it does not matter because the version that is ALREADY GPL STAYS GPL, which was the whole fucking point, that you wouldn't come to depend on a piece of FOSS and have them pull the rug out from under you by pulling a switch.

    But that does NOT give you the right to everything a company makes from that moment on, or even every single version of a particular software that they make because it is THEIR PROPERTY and if they want to make it GPL,MPL, if they want to say you have to do a fricking rain dance to get a copy of the latest version? they can do that. what they CAN'T DO is take what was already GPL and wave a magic wand and make it proprietary, it just does not work that way and no case law that I'm aware of lets a company change a license retroactively from whenever they feel like it. If the court allowed that then there wouldn't be any licenses, because you could never know if the deal you made today would be upheld tomorrow.

    So its nothing to get your panties in a twist over guys, you can decide to be a dumbass and trust old Monty again (seriously guys look at the MariaDB license again, old Monty has it set up so all the code belongs to him, no reason he can't sell it out from under you again) or you can go to one of the other SQL variants or hell, if you want you and some other devs can take the last GPL version of MySQL and fork it and make something better. Make it belong to the actual community so it can't be sold and get behind that like you did with Libre office, why not do that? But this is a tempest in a teapot, who cares, you have options galore.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  28. Re:good by Sun · · Score: 2

    In theory, I think you are right (IANAL). In practice, however, the mere existence of MariaDB means that it would be close to impossible to prove any actual harm. Oracle can always claim that you are free to switch to MariaDB, and you will have a hard time proving that is difficult to do.

    Shachar

  29. Re: good by Anonymous Coward · · Score: 2, Insightful

    (Bloody hell, it appears I've fat-fingered the post button... with no preview, looks like this "tablet" version of /. ain't all it's cracked up to be.)

    What you've missed is that MySQL contributors have always been required to assign copyright over, so that the current owner of MySQL is able to retain this control. If you retain copyright over your contributions, yeah, they need your permission to de-GPL the whole shebang, but that doesn't apply here.

  30. Re:good by Forever+Wondering · · Score: 3, Interesting

    I don't think the existence of MariaDB lets Oracle off the hook for a couple of reasons:

    MariaDB doesn't change the fact that Oracle is reneging on its [implied] promises.

    The harm is real. If a developer/company continues development on mysql (e.g. spends real money) continuing with mysql, based upon the assurances, vs. pulling the plug on all such devel activity immediately [when Oracle first acquired Sun].

    In absence of the Oracle roadmap, the other company's choice might have been to spend that [wasted] capital on doing a Postgres port right away. Not only money wasted, but time as well, and business decisions about what markets to stay in/get out of. All of these could affect a company's competitiveness, market share, and profitability. Hence the harm.

    If Oracle had said at time of acquisition that mysql was being closed [made no public promises to the contrary], there would be nothing to litigate about. Others are correct about being able to change licensing in general.

    But, if Oracle had said that then [people were plenty steamed up], there would have been an immediate code fork [ala LibreOffice] or mass migration to Postgres [IIRC, MariaDB didn't exist then]. So, if Oracle had this latest action in mind all along [after the brouhaha dies down], then they seem truly duplicitous [and vulnerable in a court of law].

    --
    Like a good neighbor, fsck is there ...
  31. Re:good by Lonewolf666 · · Score: 2

    In practice (and if you're minded to sue), you could actually switch to MariaDB and carefully document the "effort" in terms of costs. Then you have a monetary value.

    Now IANAL too, and I don't know the chances of success in court. But if you need a number of dollars, there are ways to get it. It may even be not so small, if you need to do a rollout in a major company.

    --
    C - the footgun of programming languages
  32. It is a mistake. Mod parent up! by rduke15 · · Score: 2

    No point in all these rants. It's indeed just a bug (for now).

    (There are plenty of other good reasons to rant at Oracle)