The MySQL GPL case is noteworthy because the legal enforceability of open source licensing schemes will shape the relationship between open source software (and other works) and closed source/"shared source" sorftware. Some vendors with the closed source approach have been looking for ways to ignore the General Public License and close up up their modified software based upon GPLed open source software.
So far, the enforcement of GPL and other open source licensing has by the community of developers and users. Violate the license and their is a virtual shunning. But this works within the worldwide group of people who support the open source philosophy. When it comes to courts, the open source licenses have yet to be tested. It is important that open source is not treated like "public domain" by the business & legal worlds (and by some open source fans who confuse freedom of the source with "I don't have to pay for anything"). If the courts deem the GPL unenforceable, it would be a big bad news with a tiny good news for the open source community. The bad news would be the corporate snarfing up of open source projects by making a few modifications, close sourcing the work, and, if the new copyright holder is really nasty, deeming the open source versions continuing under GPL or whatever to be infringing upon the copyright. I did say there was a tiny good news, didn't I? It is that if some closed source vendors no longer below that GPL/etc/ will be "intellectual property viruses", they might not be so eger to nuke open source. But what is the price? Marginalization, erosion of the open source efforts, and likely no let up in further attempts to quash open source movement. J.D. Abolins The Politech item below also can be found on the Web at http://www.politechbot.com/p-03188.html > Date: Tue, 26 Feb 2002 23:53:51 -0500 > To: [EMAIL PROTECTED] > From: Declan McCullagh <[EMAIL PROTECTED]> > Subject: FC: Boston judge to hear first test of GNU license used in MySQL [Mikael Pawlo is an associate at the Swedish law firm Advokatfirman Lindahl. --Declan] --- > Date: Tue, 26 Feb 2002 23:41:29 +0100 > To: [EMAIL PROTECTED] > From: Mikael Pawlo <[EMAIL PROTECTED]> > Subject: Politech - MySQL > X-UIDL: f45cd97046d6261e1f69241a4286081c Declan, Things are moving forward in the NuSphere ./. MySQL AB dispute. This is the first test in court of the enforceability of the GNU GPL license used by many free software developers. The preliminary injunction hearing will take place at 2:00 PM on February 27,2002 at the Federal court house in Boston, Mass. On June 15, NuSphere and Progress sued David Axmark personally, Michael "Monty" Widenius personally, MySQL AB, TcX DataKonsult AB, and John Doe Corporation for breach of contract, tortious interference with third party contracts and relationships and unfair competition. On July 11, MySQL AB filed a suit for trademark infringement, breach of the interim agreement, breach of the GPL license and unfair and deceptive trade practices. A lot of questions on this case are answered in this only slightly biased FAQ: http://www.mysql.org/news/article-75.html FSF pressrelease on FSF Lawyer and Board Member Serves as Expert Witness in Lawsuit Related to GNU GPL: http://www.fsf.org/press/2002-02-26-MySQL.html More on free software: http://www.gnu.org/ Best regards Mikael Pawlo _________________________________________________________________________ ICQ:35638414 mailto:[EMAIL PROTECTED] +46-704-215825 http://www.pawlo.com/ ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
