On Tue, Aug 21, 2001 at 03:07:57PM -0700, Dennis J. Eberl wrote:
> 
> 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 

Maybe I misunderstand capitalism, but isn't it "capitalising on
resources available to you, that other's don't have access to, or know
about"?  If I'm correct, deception is a cornerstone of capitalism.

and ought to be considered
> a trademark violation.

Trademarks are not "natural", in the sense that copyright is.

 Anyone naive enough to contribute code to mySQL.org
> is contributing to NuSphere's bottom line (their fork of MySQL) without
> knowing it. 

If they have a problem with that, then they should enlighten themselves.

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.
>
And that wouldn't happen if, say, *I* sent a patch to MySQL AB?  I doubt
ANY self respecting software author would blindly add contributed
patches to his/her codebase.
 
> 
> >> 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.

No it's not.  They want people to use these tools ... so they can make
money supporting them.

 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.
>
Apache, perl and php are *NOT* GPL.  In fact, their licenses are A LOT like
the BSD license.  www.perl.com is still displaying NuSphere ads, so I
don't think they are too angry with them. 

> 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.
> 
And you've never heard or read "I just installed Linux 7.1"?  Obviously,
the people who write and say such things have been decieved (or didn't
read the fine print).
> 
> > 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.
>
They do recruit developers to work on (THEIR version of) Linux ...  But I 
understand what you're saying about them being more open about their intents.
 
> Good for you, Jacob. MySQL is still shark meat.
>
Then that's THEIR problem.  I understand that the laws, and probably
business practices, in Sweden are different than in the US.  All I can
say is "Tough luck, you shuld have done your homework."
 
> 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.
>
Yes, yes, YES!  *That's* the way to handle it.  NOT in a court of law.
 

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