Title: Re NuSphere vs MySQL AB lawsuits ->FW: News from NuSphere
----------
From: [EMAIL PROTECTED]
Date: Wed, 15 Aug 2001 02:56:11 -0400
To: [EMAIL PROTECTED]
Subject: News from NuSphere
If you would like to receive a text-only version of this newsletter in the future, please reply to this message with "text-only please" in the subject line. .....The NuSphere CorporationNUSPHERE ADVANTAGE <http://www.nusphere.com/products/index.htm> � | BUY ONLINE <http://www.nusphere.com/cgi-bin/nsp.cgi/custsrvc/checkacct.p?psn='psn'> | DOWNLOAD <http://www.nusphere.com/cgi-bin/nsp.cgi/custsrvc/checkdownload.p?psn='psn'> | RECOMMEND A FRIEND <javascript:mailpage()>
News from NuSphere
Tuesday, August, 14 2001
The monthly newsletter of www.nusphere.com
Topics this month:
- NuSphere Forced to Sue MySQL AB: A Note from NuSphere's President, Lorne Cooper <#1>
- Instant Gratification Can Be Yours <#2>
- Gemini Team Rocks OSCON - See Why <#3>
- Free Passes to LinuxWorld in San Francisco <#4>
- New to the Technical Library: Writing Scripts with PHP's PEAR DB Class <#5>
- Training Schedule: Book Your Seat Today <#6>
NuSphere Forced to Sue MySQL AB: A Note from NuSphere's President, Lorne Cooper
In June of 2000 we signed a contract with MySQL AB. In exchange for a large sum of money, NuSphere acquired rights to various "mysql" related trademarks. In May, MySQL AB unilaterally decided the contract was no longer valid, and started proceedings to take away our trademark rights. After considerable unproductive negotiations, we were forced to sue MySQL AB, this past June, to give us back the trademark rights we had purchased. MySQL AB has filed counterclaims against us and our parent company, alleging that we don't have the rights to the trademarks, can't finance the mysql.org non-profit organization, and have broken their (GPL) software licensing rules. None of these are true.
We've been quiet up to now, believing that public arguing will only make it harder to eventually resolve the problem. MySQL AB has been more vocal, and some of our customers, having only heard their side of the story, have asked us to elaborate.
First, the contract specifically gives us the rights to the trademarks. The agreement does not give MySQL AB the right to unilaterally terminate the agreement. Would you buy something the seller could get back any time they wanted?
Second, we can, and have, provided support and funding for the non-profit "mysql.org" initiative. Mysql.org is committed to improving the mysql product without being hampered by commercial considerations, just like Apache.org, Linux.org, Perl.org, PostgreSQL.org, etc. We want the best open source products, and will continue to support the open source community.
Third, MySQL AB claims that Gemini is a "derivative work" of MySQL, and thus cannot be sold by NuSphere. Most of Gemini was licensed from Progress Software, where it has been in use for over ten years. Gemini copyrights date back to 1985. That software developed from 1985-1994 can be derivative of software first written in 1994 is ridiculous.
Some people have asked, "Sure you have a strong case, but you never know. What if you lose?" Well, we will certainly win the lawsuit. We wouldn't be suing if we weren't sure we were in the right. If, in some miscarriage of justice, we were to lose the case, our customers and our company are not at risk. Our risk is limited to our naming of our products, our method of installing the MySQL portion of our software and some relatively small amount of money. You, our customers, have no risk at all.
- TOP <#top> -
Instant Gratification Can Be Yours
Now when you buy a NuSphere product you can download the software right away. No need to wait for the box to arrive on your doorstep. In addition, current customers can return to the download site and update their software as often as they wish. We are continuously updating our products with the latest versions of the core components, new productivity tools, patches, and other upgrades. Since all of our products deliver quarterly updates, you receive a new CD in the mail every few months. But now you don't have to wait for the letter carrier. Be the first on your block to get the latest and greatest software, bookmark the download area at: http://www.nusphere.com/cgi-bin/nsp cgi/custsrvc/utils/download_now.htm?psn <http://www.nusphere.com/cgi-bin/nsp.cgi/custsrvc/utils/download_now.htm?psn>
- TOP <#top> -
Gemini Team Rocks OSCON - See Why
Recently, two of the authors of NuSphere's Gemini table type, Mike Furgal and Rich Tucker, presented at the O'Reilly Open Source Conference (OSCON) in San Diego. Their talks were a big hit so we thought we'd share them with you on NuSphere Direct. Just link to http://www.nusphere.com and select the NuSphere Direct <http://www.nusphere.com/cgi-bin/nsp.cgi/custsrvc/checklogin.p?psn=> button and you'll find Rich's presentation, "Row-level Locking with MySQL." He covers the differences between row-level and table-level locking, and isolation levels in general. And he discusses how transactions affect the programming model with MySQL, making it easier to build enterprise-class applications. Mike's presentation, "MySQL Crash Recovery," describes how you can protect against most common system failures and explores Gemini's management of database consistency, the role of transactions in automatic crash recovery, the inside of the database engine, and more.
It was exciting to have so much activity around MySQL and other open source databases at OSCON. Last year there was only one session on open source databases and this year there were two full days of tutorials and two more days of sessions. NuSphere coordinated all this activity and would like to thank Allegro MicroSystems, SolvePoint, Polycon Ab, MySQL AB, and Yahoo! Finance for participating, as well as the many members of the community who attended the tutorials, sessions and BOF meetings. We have already spoken with O'Reilly and expect to offer an expanded program for 2002. Stay tuned.
- TOP <#top> -
Free Passes to LinuxWorld in San Francisco
LinuxWorld Conference Expo is taking place at the Moscone Convention Center in San Francisco from August 26th - 30th. NuSphere will be at the Expo, Booth #255, showing off our NuSphere Advantage product line. You can register online for the Conference at http://www.linuxworldexpo.com/ but if all you want to do is visit the Expo, email [EMAIL PROTECTED] and put "LinuxWorld Expo Pass" in the subject line. Make sure to indicate the number of passes you'd like and don't forget to include your complete mailing address. See you there!
- TOP <#top> -
New to the Technical Library: Writing Scripts with PHP's PEAR DB Class
This month we're excited to present a new white paper by Paul DuBois entitled, Writing Scripts with PHP's PEAR DB Class. If you've ever had the annoying experience of having to edit your PHP script just to change function names for different database engines, this paper is a must read. You'll discover how PHP 4 allows you to avoid the aggravation by means of a database class included in PEAR (the PHP Extension and Add-on Repository). Paul outlines what you should do to prepare to write PEAR DB scripts and then goes on to describe how to structure the scripts themselves. Download this new addition to our Technical Library at: http://www.nusphere.com/products/library/script_peardb. pdf <http://www.nusphere.com/products/library/script_peardb.pdf>
- TOP <#top> -
Training Schedule: Book Your Seat Today
New to MySQL or PHP? Want to learn how Gemini can add transaction processing to your MySQL web application? NuSphere has the course curriculum that will help you build and deploy robust, database-driven applications based on the industry's most popular open source technology. Here's a look at the upcoming schedule:
Mastering MySQL 5 days20-AugustBedford, MA 5 days10-SeptemberLas Vegas, NV 5 days01-OctoberNewport Beach, CA 5 days22-October Pittsburgh, PA Using Enhanced MySQL for Transaction Processing 2 days30-AugustSan Francisco, CA 2 days13-SeptemberLos Angeles, CA 2 days27-SeptemberChicago, IL 2 days11-OctoberNew York, NY Using MySQL in a Production Environment 3 days22-AugustBedford, MA 3 days12-SeptemberLas Vegas, NV 3 days03-OctoberNewport Beach, CA 3 days24-OctoberPittsburg, PA Using PHP to Build Dynamic Web Sites 2 days28-AugustSan Francisco, CA 2 days11-SeptemberLos Angeles, CA 2 days25-SeptemberChicago, IL 2 days09-OctoberNew York, NY 2 days30-OctoberSeattle, WA
For complete list of courses, descriptions, schedules, and registration information, visit our Course Offerings and Registration page at: http://www.nusphere.com/education/browse.php
- TOP <#top> -
Copyright 2001, NuSphere CorporationThe NuSphere Corporation
Thank you for your interest in News from NuSphere. You are receiving this monthly newsletter because you visited www.nusphere.com and either downloaded or purchased software, or registered to receive periodic updates. If you would like to be removed from this mailing list, click here <http://www.progress.com/cgi-bin/sfma.cgi/suppress.w?persid=RzJOIFBURzNQUERSVlRY&persid2=MHgwNTYyMWVjMQ==> .
�
�
�
�
�
�
