Interlinear, below. > From: Jacob Meuser <[EMAIL PROTECTED]> > Reply-To: [EMAIL PROTECTED] > Date: Mon, 20 Aug 2001 18:57:46 -0700 > To: [EMAIL PROTECTED] > Subject: [EUG-LUG:2405] Re: NuSphere vs MySQL GPL controversy > > On Mon, Aug 20, 2001 at 04:52:15PM -0700, Dennis J. Eberl wrote: >> Anyone interested in GPL licensing issue might want to check out MySQL AB's >> web site at http://www.mysql.com/. Apparently NuSphere is infringing on >> MySQL AB's GPL and trademarks (e.g., http://www.mysql.org is owned by >> NuSphere and is not readily identifiable as such.) > > I just checked out mysql.org. I'm assuming that they've added the > "This site is neither affiliated wth or endorsed by MySQL AB. If you > are looking for MySQL AB, click here." bit since the dispute. What else > have they changed? To be honest, I see nothng that violates copyright > or GPL licenses. They don't say, "We wrote the code for MySQL." If > MySQL AB is disputing the use of "mysql", well, then they should have > protected that term better, like Linus did with "Linux". I don't really care very much about this issue, but my opinion is that using "mySQL" as part or their domain name is deceptive and ought to be considered a trademark violation. Anyone naive enough to contribute code to mySQL.org is contributing to NuSphere's bottom line (their fork of MySQL) without knowing it. Even if NuSphere forwards all contributions to MySQL AB (they probably do), they are merely redundant at best and are creating more work for Michael Widenius, creator of MySQL, who reworks all code that makes it into MySQL. >> MySQL.og makes statements >> like "mySQL.org is dedicated to the promotion and improvement of the fast, >> free, and flexible MySQL database. We provide the Open Source community a >> center for free downloads, information and communication, as well as all the >> files you need to build applications based on MySQL, the #1 open source >> database." > > So? What's wrong with that? It's a lie. NuSphere is dedicated to NuSphere, not to making the open source software that it uses as a money making tool -- not just, MySQL, but also Apache, Perl, PHP. But, hey, caveat emptor. >> Isn't that nice of NuSphere. Like MySQL.COM doesn't exist, right? >> If you really want to puke, check out their page recruiting developers >> (http://www.mysql.org/devel.php?menu=17&page_id=5). > > So? If you have a problem with that, then I guess you have a problem > with RedHat, Mandrake, Caldera, etc? Not so fast. RedHat, Mandrake, Caldera et cetera make no bones about being businesses that package Linux and GNU software in an "easy to install" form. NuSphere hides behind a phony web site pretending to be a champion of open source. It's a fine point. If you don't get it you don't get it. > There's no law that says that in every occasion, in everything you do, > you must fully explain everything you do. For example, does your > butcher tell you how much he paid for the meat he sells you? Yikes! A meat eater. Nice to meat you. >> Understand, that I'm not a guy who _buys_ the open source will take over the >> world dream. I think Eric Raymond, for example, is a brilliant guy selling >> an economic theory worthy of a crank. Total waste. > > The code is free, support is not. *Free* attracts a lot of users. > Not all users have the time or skill to make the code do what they want > it to, and are willing to pay to make it work. And there's a whole > other group that is willing to learn how to use it, and they buy books > and surf web sites that sell ad space, caffeinated mints and the like ... > Makes sense to me. Me too -- with the reservations above. > I don't think this dispute is cut and dry. I think MySQL AB is complain- > ing that mysql.org portrays itself as the "authority" on mySQL. If you > were trying to make money on support, wouldn't you try to protray > yourself as an "authority"? I'm tired and not to focused today, but let me try giving your thoughtful question the thoughtful answer it deserves. I would say that if you really were an authority on something and in business, you not only have the right but the duty to your investors to "portray" [your word, not mine] yourself as such -- and proudly put your _name_ on that portrayal, not hide behind a bogus domain name. Sorry. That's the best I can do at the moment. Notice that RedHat et alia don't pretend they are something they are not. > My view is, if I write code, I put a "Copyright 2001 Jacob Meuser" at > the top. The code is free for use, modification and redistribution > as long as the copyright notice is reproduceable in source and/or > binary form. The BSD license. Simple, yet effective. My name is > protected as the "authority". If I someday write something so useful > that I think A LOT of people will use, and there's potential for A LOT > of money, then I'll trademark the name of the software, to further > protect my "authority". Good for you, Jacob. MySQL is still shark meat. > For more insight into protecting yourself as a software author, check > out the last few pages of the latest "Open", OSDN's print magazine. > > -- > <[EMAIL PROTECTED]> > <[EMAIL PROTECTED]> > <[EMAIL PROTECTED]> Final comment. I sent the webmaster at mysql.org an e-mail explaining my position, which is (1) that the domain name is deceptive and in my view unethical, and (2) that the lame brain corporate yutz who dreamt the idea up ought to get canned. I have no problem with NuSpere bundling a product, but their fine print is a little too fine for me. Dennis Eberl
