Re: using mysql in commercial software

2004-08-10 Thread Zak Greant
On Aug 09, 2004, at 17:56, Jeremy Zawodny wrote:
This is confusing.  There are *two* official places to discuss the
licensing and community issues?
Ugh.
Or am I misunderstanding things?
The licensing forum seems to generally be used provide quick answers on 
licensing questions for proprietary software developers, while the 
community forum is more for discussing any non-technical issue that 
relates to the MySQL community.

Cheers!
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Re: using mysql in commercial software

2004-08-06 Thread Zak Greant
Greetings All,
LinuxWorld is now finished (meaning that some of the key MySQL people 
who need to be in on these discussions will be back to a more normal 
working setup) and the weekend is more or less here.

I hope to pick up discussions on these issues with the other MySQLers 
on Monday (or to word it differently, I hope to avoid talking about 
licensing on my weekend! ;)

Also, this discussion is a better fit for the community list 
([EMAIL PROTECTED]). There are already a group of 
people interested in the licensing issues on that list. Unless people 
feel strongly, I will move this issue to that list. I urge those with 
an interest in our licensing and other community issues to subscribe to 
the community list.

Those who are subscribed to our community list but not the MySQL 
general list, see http://lists.mysql.com/mysql/169680 to catch up on 
the discussion thread this message refers to.

Also, those of you with an interest in licensing might also be 
interested in the licensing forum at http://forums.mysql.com/list.php?4 
- there are additional discussions there on a variety of licensing 
issues.

Have a good weekend!
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Re: using mysql in commercial software

2004-08-06 Thread mos
At 11:24 AM 8/2/2004, you wrote:
On Mon, 2 Aug 2004 01:35:44 -0700, Jeremy Zawodny [EMAIL PROTECTED] wrote:
 On Mon, Jul 26, 2004 at 01:26:15PM -0500, gerald_clark wrote:
 
  Steve Richter wrote:
 
  exactly!  Is Linux distributed under the same type of license as 
MySql?  If
  I sell software that runs on linux I dont have to give away my code, 
right?
  To use my software you first have to install no charge Linux and 
MySql.  Why
  would that not be permitted?
 
  Because the MySQL license does not allow you to use it free with
  commercial software that requires MySQL.  If you are running
  commercial software that requires MySQL you must buy a license.

 And this is where the confusion start.  MySQL is covered by the GPL.
 So is Linux.

As far as the server goes, sure.
However there is a key difference in that APIs such as glibc on Linux
are licensed under the LGPL.  The mysql client libraries used to be
the same way, then they changed them to be under the GPL.
So don't use the MySQL client libraries.g
This means
that, according to the most common interpretation of the GPL, just
linking with them automatically requires your code be under the GPL.
License: The GPL license is contagious in the sense that when a program 
is linked to a GPL program, all the source code for all the parts of the 
resulting product must also be released under the GPL. 

So what if the client app doesn't require the MySql client libraries in 
order to access the MySQL database? My client application requires no dll's 
at all, because everything is compiled inside an .exe file. That's because 
I'm using a 3rd party set of components that bypasses the libmysql*.dll 
libraries altogether. My application doesn't link to MySQL's code, GPL or 
otherwise. Does this now make my application license free even if I 
distribute it for $$$? Or will the software police come banging on my door 
at 4 AM looking for me?

Mike
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Re: using mysql in commercial software

2004-08-06 Thread Zak Greant
Hi Mike,
On Aug 06, 2004, at 18:08, mos wrote:
This means
that, according to the most common interpretation of the GPL, just
linking with them automatically requires your code be under the GPL.
License: The GPL license is contagious in the sense that when a 
program is linked to a GPL program, all the source code for all the 
parts of the resulting product must also be released under the GPL. 
One important note here: The GPL does not behave in the way described 
above. There is no requirement to distribute software that you build 
with or on top of GPL-licensed software to others.

However, if you choose to distribute software that is a derivative work 
(defined in US copyright law as  A ''derivative work'' is a work based 
upon one or more preexisting works) of GPL-licensed software, then the 
software can only be distributed under the GPL.

So what if the client app doesn't require the MySql client libraries 
in order to access the MySQL database? My client application requires 
no dll's at all, because everything is compiled inside an .exe file. 
That's because I'm using a 3rd party set of components that bypasses 
the libmysql*.dll libraries altogether. My application doesn't link to 
MySQL's code, GPL or otherwise. Does this now make my application 
license free even if I distribute it for $$$? Or will the software 
police come banging on my door at 4 AM looking for me?
This architecture might bypass the requirements of the GPL - I don't 
really know. The best course of action here is to consult a lawyer who 
is an expert in Free Software/Open Source software licensing who can 
advise you of the validity of your course of action for your given 
situation.

We would probably assert that the software forms a derivative work with 
GPL-licensed MySQL because the software would likely not function 
without MySQL. However, this is a tough area to speculate on.

As we are not lawyers (nor are we in the business of giving free legal 
advice to help people circumvent our own business model :), we always 
recommend that proprietary applications (aka applications that do not 
share their source code and the rights to modify it with others) should 
always use the proprietarily licensed version of MySQL.  This 
recommendation ensures that our licensing terms are never violated and 
helps us generate revenue to fund development of the database. Usually, 
people who distribute proprietary applications are selling them. We 
feel that it is reasonable to charge users who wish to charge their 
users and who do not give their users the freedom to view, modify and 
share the source of the application.

We also suggest that people consider putting their software under a 
Free Software/Open Source license (such as the GPL, the BSD license, 
the Apache license and so on). Then they can use MySQL for free. This 
model may not work for everyone, but there is still significant 
potential for revenue with the model by selling the application at a 
fee that the market finds reasonable, along with related services like 
hosting, support, consulting, etc.

People may also want to consider using a dual-licensing model that 
allows them to share with others who choose to use Open Source/Free 
Software licenses, but gives them a revenue stream from people who 
prefer traditional proprietary licenses.

Cheers!
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Re: using mysql in commercial software

2004-08-04 Thread Zak Greant
Greetings All,
I walked through the mailing list thread earlier today. The big issues 
that I believe that people raised were:

 * Incorrect information on distribution as it applies to the GPL in 
our licensing documents
 * Lack of clarity from MySQL on what is and not acceptable use of 
GPL-licensed MySQL
 * Lack of concrete examples of suitable/unsuitable use of GPL-licensed 
MySQL

I opened up a new ticket at 
http://zak.greant.com:/licensing/tktview?tn=40 to cover the last 
two of issues. The ticket is rather terse, but I think that we all 
understand the issues.

The existing ticket http://zak.greant.com:/licensing/tktview?tn=32 
seems to cover the first issue.

Also, I have started discussing these issues with the other MySQLers 
and hope to have something useful to report soon.

I understand that this is not optimal because it does not involve all 
of the people who have a stake in the licensing. Frankly licensing is a 
tough issue for us - it is the base of our revenue and it affects many 
people within and without the company. Additionally, it is a legal 
issue - something that makes many people, including us, very cautious.

Please continue to provide feedback on this area using any channel that 
you feel comfortable using. I admit that I prefer knowing about 
feedback on MySQL, so a courtesy Cc to me at [EMAIL PROTECTED] and/or to 
our community list ([EMAIL PROTECTED]) and/or an open ticket in 
the licensing issue tracking system (http://licensing.zak.greant.com) 
are all greatly appreciated.

Cheers!
--zak
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Re: using mysql in commercial software

2004-08-03 Thread Issac Goldstand

- Original Message - 
From: mos [EMAIL PROTECTED]
 At 03:41 AM 8/2/2004, Jeremy Zawodny wrote:
 On Mon, Jul 26, 2004 at 11:49:02PM -0500, mos wrote:
   At 04:43 PM 7/26/2004, you wrote:
  
   looks like the answer is no.  As soon as fee based software touches
the
   mysql install on the PC, the user is obligated to pay the $250.
  
   Actually I believe the MySQL 4.x license is more stringent than that.
If
   the MySQL database is distributed within a company for free, then a
  license
   is still required, unless the application is distributed under the
   GPL.
 
 Huh?
 
 I bet it depends on the country.  In the USA, companies are considered
 singular legal entities.  Internal distribution is aking to giving
 copies to yourself.
 
 The GPL doesn't restrict that.


 Well, I'm not so sure. Here it is straight from the horses mouth namely
 [EMAIL PROTECTED]

  
   Free use for those who never copy,
 modify or distribute. As long as you never distribute (internally or
 externally) the MySQL Software in any way, you are free to use it for
 powering your application, irrespective of whether your application is
under
 GPL license or not,
 http://www.mysql.com/products/licensing/opensource-license.html.

Here's an interesting idea: What if you run a MySQL mirror (My company just
started hosting http://mirror.mirimar.net/mysql/ for example) - that wording
of the license is dangerous, because, as a company working with software/web
development, we'd be getting sucker punched for most apps because we
distribute MySQL software...  And I thought we were doing MySQL AB a
favor! ;-)

  Issac


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Re: using mysql in commercial software

2004-08-03 Thread Alec . Cawley
Issac Goldstand [EMAIL PROTECTED] wrote on 03/08/2004 09:47:31:

 
 - Original Message - 
 From: mos [EMAIL PROTECTED]
  Well, I'm not so sure. Here it is straight from the horses mouth 
namely
  [EMAIL PROTECTED]
 
   
Free use for those who never copy,
  modify or distribute. As long as you never distribute (internally or
  externally) the MySQL Software in any way, you are free to use it for
  powering your application, irrespective of whether your application is
 under
  GPL license or not,
  http://www.mysql.com/products/licensing/opensource-license.html.
 
 Here's an interesting idea: What if you run a MySQL mirror (My company 
just
 started hosting http://mirror.mirimar.net/mysql/ for example) - that 
wording
 of the license is dangerous, because, as a company working with 
software/web
 development, we'd be getting sucker punched for most apps because we
 distribute MySQL software...  And I thought we were doing MySQL AB a
 favor! ;-)

Irrelevant, because you are redistributing under the GPL (I assume). That 
is, you are offering the full source, as offered on the 


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Re: using mysql in commercial software

2004-08-03 Thread Issac Goldstand

- Original Message - 
From: [EMAIL PROTECTED]
 Issac Goldstand [EMAIL PROTECTED] wrote on 03/08/2004 09:47:31:
  - Original Message - 
  From: mos [EMAIL PROTECTED]
   Well, I'm not so sure. Here it is straight from the horses mouth
 namely
   [EMAIL PROTECTED]
  

 Free use for those who never copy,
   modify or distribute. As long as you never distribute (internally or
   externally) the MySQL Software in any way, you are free to use it for
   powering your application, irrespective of whether your application is
  under
   GPL license or not,
   http://www.mysql.com/products/licensing/opensource-license.html.
 
  Here's an interesting idea: What if you run a MySQL mirror (My company
 just
  started hosting http://mirror.mirimar.net/mysql/ for example) - that
 wording
  of the license is dangerous, because, as a company working with
 software/web
  development, we'd be getting sucker punched for most apps because we
  distribute MySQL software...  And I thought we were doing MySQL AB a
  favor! ;-)

 Irrelevant, because you are redistributing under the GPL (I assume). That
 is, you are offering the full source, as offered on the


Redistributing MySQL, you mean?  That sounds ridiculous - if one could do
that, then that would solve all license problems - just include the MySQL
source alongside the binaries for the sake of it being there, and you can
freely redistribute it with your applications!  That just doesn't make
sense.  And not all of *our* applications are opensource, let alone GPL...

  Issac


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Re[2]: using mysql in commercial software

2004-08-03 Thread DebugasRu
since GPLed software can also be commercial i think
the subject of the thread should probably read
using mysql in proprietary software. instead of commercial



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Re: using mysql in commercial software

2004-08-03 Thread Zak Greant
Hi Jeremy, Greetings All,
First, thank you for taking the time to discuss this issue. It is 
important that people let us know when they upset with us.

Next, it is clear that we need to look at the issues that were raised 
by this thread.

When more of the right people from MySQL return from LinuxWorld, we 
(MySQL) can take action.

Until then, there are a few things that I can recommend:
 * visit http://licensing.zak.greant.com/ - this is where I keep a 
partial list of issues relating to MySQL's licensing
   * of particular interest to this discussion is bug report 
http://zak.greant.com:/licensing/tktview?tn=32,6
   * if this is not bug report is not complete enough, please consider 
adding an additional request
   * I won't be back to network access until late tonight, but I will 
work on scraping the issues from the thread tomorrow
   * the work on the listed bug report had stalled while we worked on 
extending the exception to our current GPL licensing

 * drop by the MySQL booth at LinuxWorld and discuss your feeling with 
the MySQL team who is present. In particular, you would want to talk to 
Brian Aker, Zack Urlocker and Marten Mickos.

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Re: using mysql in commercial software

2004-08-02 Thread Jeremy Zawodny
On Mon, Jul 26, 2004 at 01:26:15PM -0500, gerald_clark wrote:
 
 Steve Richter wrote:
 
 exactly!  Is Linux distributed under the same type of license as MySql?  If
 I sell software that runs on linux I dont have to give away my code, right?
 To use my software you first have to install no charge Linux and MySql.  Why
 would that not be permitted?

 Because the MySQL license does not allow you to use it free with
 commercial software that requires MySQL.  If you are running
 commercial software that requires MySQL you must buy a license.

And this is where the confusion start.  MySQL is covered by the GPL.
So is Linux.

Jeremy
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Re: using mysql in commercial software

2004-08-02 Thread Jeremy Zawodny
On Mon, Jul 26, 2004 at 05:43:58PM -0400, Steve Richter wrote:
 
 looks like the answer is no.  As soon as fee based software touches the
 mysql install on the PC, the user is obligated to pay the $250.  At least I
 guess it is the user who has to pay.

So a copy of MySQL on Windows is free until I buy a copy of MS Access
to build forms that display the data stored in MySQL?

I don't think your fee based software claim is accurate at all.

Jeremy
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Re: using mysql in commercial software

2004-08-02 Thread Jeremy Zawodny
On Mon, Jul 26, 2004 at 11:49:02PM -0500, mos wrote:
 At 04:43 PM 7/26/2004, you wrote:
 
 looks like the answer is no.  As soon as fee based software touches the
 mysql install on the PC, the user is obligated to pay the $250.
 
 Actually I believe the MySQL 4.x license is more stringent than that. If 
 the MySQL database is distributed within a company for free, then a license 
 is still required, unless the application is distributed under the
 GPL.

Huh?

I bet it depends on the country.  In the USA, companies are considered
singular legal entities.  Internal distribution is aking to giving
copies to yourself.

The GPL doesn't restrict that.

 Wouldn't it be nice if MySQL created a nice little table with a
 couple of columns License and No License and a bunch of examples
 down the left hand side?

Yes, it would de-mystify a lot of this.

Jeremy
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Re: using mysql in commercial software

2004-08-02 Thread Alec . Cawley
Jeremy Zawodny [EMAIL PROTECTED] wrote on 02/08/2004 09:41:40:

 On Mon, Jul 26, 2004 at 11:49:02PM -0500, mos wrote:
  At 04:43 PM 7/26/2004, you wrote:
  
  looks like the answer is no.  As soon as fee based software touches 
the
  mysql install on the PC, the user is obligated to pay the $250.
  
  Actually I believe the MySQL 4.x license is more stringent than that. 
If 
  the MySQL database is distributed within a company for free, then a 
license 
  is still required, unless the application is distributed under the
  GPL.
 
 Huh?
 
 I bet it depends on the country.  In the USA, companies are considered
 singular legal entities.  Internal distribution is aking to giving
 copies to yourself.
 
 The GPL doesn't restrict that.

Not only that, but I would have thought that you would normally be willing 
to offer distribute the source of your application, and/or the GPL source 
of MySQL, to colleagues in the same company. The GPL does not require you 
to distribute your source to the world, only to those people to whom you 
distribute your application. It seems to me that intra-company 
distribution would fulfill the GPL in all but the most paranoid of 
companies.

  Wouldn't it be nice if MySQL created a nice little table with a
  couple of columns License and No License and a bunch of examples
  down the left hand side?
 
 Yes, it would de-mystify a lot of this.

I have a couple of simple rules which, while they might not satisfy the 
lawyers, seem to me to satisfy the spirit of MySQL's licence:

If:
1. You are being paid money for software, and
2. That software would not work without MySQL
then MySQL deserves a share of that money, and they have defined the 
amount they think they deserve by the licence fee - take it or leave it.

If you are distributing your application under the GPL, then you are being 
paid (if you are) for development and not for software, and no licence fee 
is due.

Alec

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Re: using mysql in commercial software

2004-08-02 Thread Marc Slemko
On Mon, 2 Aug 2004 01:35:44 -0700, Jeremy Zawodny [EMAIL PROTECTED] wrote:
 On Mon, Jul 26, 2004 at 01:26:15PM -0500, gerald_clark wrote:
 
  Steve Richter wrote:
 
  exactly!  Is Linux distributed under the same type of license as MySql?  If
  I sell software that runs on linux I dont have to give away my code, right?
  To use my software you first have to install no charge Linux and MySql.  Why
  would that not be permitted?
 
  Because the MySQL license does not allow you to use it free with
  commercial software that requires MySQL.  If you are running
  commercial software that requires MySQL you must buy a license.
 
 And this is where the confusion start.  MySQL is covered by the GPL.
 So is Linux.

As far as the server goes, sure.

However there is a key difference in that APIs such as glibc on Linux
are licensed under the LGPL.  The mysql client libraries used to be
the same way, then they changed them to be under the GPL.  This means
that, according to the most common interpretation of the GPL, just
linking with them automatically requires your code be under the GPL. 
Does this still apply to, say, Java code where you are using the
standard JDBC interface?  How about if you use mysql specific SQL
calls?  I would suggest perhaps not, but it isn't a simple question.

So, for example, you could not sell an application under terms not
compatible with the GPL and include the mysql client drivers.  Even
selling an application that is linked against them, but requires the
user to get them themselves, is arguably not permitted.  You can go
read the FSF's FAQ for their interpretation, but that is just their
interpretation.

However, remember the GPL only covers copying, distribution, and
modification.  Not use.

Also note that MySQL AB allows an exception designed for the client
libraries to be more compatible with other open source licenses:
http://dev.mysql.com/doc/mysql/en/MySQL_FOSS_License_Exception.html

I believe that MySQL AB is deliberately vague and confusing on their
licensing page to try to get people to buy mysql licenses.  All their
words there don't matter though, what matters is the actual license. 
It would, however, be nice if their commentary were a bit closer to
the reality of what the GPL means.

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Re: using mysql in commercial software

2004-08-02 Thread Jeremy Zawodny
On Mon, Aug 02, 2004 at 09:24:59AM -0700, Marc Slemko wrote:
 
 I believe that MySQL AB is deliberately vague and confusing on their
 licensing page to try to get people to buy mysql licenses.  All
 their words there don't matter though, what matters is the actual
 license.  It would, however, be nice if their commentary were a bit
 closer to the reality of what the GPL means.

You're far from being alone in that assessment.

Jeremy
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Re: using mysql in commercial software

2004-08-02 Thread mos
At 03:41 AM 8/2/2004, Jeremy Zawodny wrote:
On Mon, Jul 26, 2004 at 11:49:02PM -0500, mos wrote:
 At 04:43 PM 7/26/2004, you wrote:

 looks like the answer is no.  As soon as fee based software touches the
 mysql install on the PC, the user is obligated to pay the $250.

 Actually I believe the MySQL 4.x license is more stringent than that. If
 the MySQL database is distributed within a company for free, then a 
license
 is still required, unless the application is distributed under the
 GPL.

Huh?
I bet it depends on the country.  In the USA, companies are considered
singular legal entities.  Internal distribution is aking to giving
copies to yourself.
The GPL doesn't restrict that.

Well, I'm not so sure. Here it is straight from the horses mouth namely 
[EMAIL PROTECTED]


 Free use for those who never copy,
modify or distribute. As long as you never distribute (internally or
externally) the MySQL Software in any way, you are free to use it for
powering your application, irrespective of whether your application is under
GPL license or not,
http://www.mysql.com/products/licensing/opensource-license.html.
Changes in our licensing began in version 3.23.19  Changed copyright for all
files to GPL.  Prior versions can/could use the client libraries under the
LGPL license. 
You notice they say never distribute (internally or externally) the MySQL 
software in any way...  I don't know if the MySQL Software they are 
referring to are the MySQL libraries  libmysql.dll or libmysqld.dll files 
which is needed to run most MySQL applications, or any file that comes from 
MySQL AB.  I agree with you that it is rather stringent to prevent internal 
distribution of a MySQL application within a company, and I see no logical 
reason for preventing it. As I read it, the language they're using prevents 
the finance department from receiving a copy of the database and 
application from the sales department. But I'm not a lawyer, and I don't 
play one on TV, so if you want further clarification, contact 
[EMAIL PROTECTED]

Mike 

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Re: using mysql in commercial software

2004-08-02 Thread Jeremy Zawodny
On Mon, Aug 02, 2004 at 03:11:10PM -0500, mos wrote:
 At 03:41 AM 8/2/2004, Jeremy Zawodny wrote:
 
 I bet it depends on the country.  In the USA, companies are considered
 singular legal entities.  Internal distribution is aking to giving
 copies to yourself.
 
 The GPL doesn't restrict that.
 
 
 Well, I'm not so sure. Here it is straight from the horses mouth namely 
 [EMAIL PROTECTED]
 
  
   Free use for those who never copy,
 modify or distribute. As long as you never distribute (internally or
 externally) the MySQL Software in any way, you are free to use it for
 powering your application, irrespective of whether your application is under
 GPL license or not,
 http://www.mysql.com/products/licensing/opensource-license.html.

Yes, I've read that bit of the web site before.

 You notice they say never distribute (internally or externally) the
 MySQL software in any way...  I don't know if the MySQL Software
 they are referring to are the MySQL libraries libmysql.dll or
 libmysqld.dll files which is needed to run most MySQL applications,
 or any file that comes from MySQL AB.

Given that all of the code is licensed under the GPL, it hardly
matters which piece they're talking about.  The GPL does not
disallow me making a copy of libmysqlclient.so and putting it on a
second machine.

If you think it does, I'd like to know *where* in the GPL you (or
whoever) sees it.  From what the GPL FAQ tells me:

  http://www.gnu.org/licenses/gpl-faq.html

   Does the GPL allow me to require that anyone who receives the
   software must pay me a fee and/or notify me?

 No. In fact, a requirement like that would make the program
 non-free. If people have to pay when they get a copy of a
 program, or if they have to notify anyone in particular, then the
 program is not free. See the definition of free software.

 The GPL is a free software license, and therefore it permits
 people to use and even redistribute the software without being
 required to pay anyone a fee for doing so.

  http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowRequireFee

To argue otherwise (as some at MySQL AB seem intent on doing) is
absurd.  While their CEO speaks and conferences about the success of
open source business models another arm of their organization seems
to be trying hard to warp the GPL to suit their sales targets.

And, quite frankly, I'm sick of it.

 I agree with you that it is rather stringent to prevent internal
 distribution of a MySQL application within a company, and I see no
 logical reason for preventing it.

Probably because there isn't one. :-)

 As I read it, the language they're using prevents the finance
 department from receiving a copy of the database and application
 from the sales department.

Right.

Of course, every department is free to download a copy from the MySQL
web site, right?

Jeremy
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using mysql in commercial software

2004-07-26 Thread Steve Richter
( if this is a FAQ or better asked elsewhere, can someone point me in the
right direction? )

In general, what are the rules for using MySql as the database in a
commercial software package?

I am writing faxing software in windows.  Currently it is just used by the
client who paid me to write a custom package for their use.  But I would
also like to market the software to the general public.

First question has to do with using MySql in the custom fax package used by
my client.  The client can install MySql for no charge on any or all of the
PCs in their organization?

My other question has to do with embedding MySql into my code when I sell it
copy protected, closed source to any other clients that are willing to pay
for it.  Is that permitted?  I need to make a living from my work.

MySql looks to be exactly what I am looking for as the database in my
windows c++ code. I hope I am able to use it!

thanks,

Steve Richter



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Re: using mysql in commercial software

2004-07-26 Thread Aman Raheja
If you go through the online manual of mysql, it points out that mysql
can be used under gpl (then you have to be giving away the source code
for your software with mysql) or else you have to purchase mysql
commercially. In your case you sure need to buy it.


On Mon, 2004-07-26 at 08:11, Steve Richter wrote:
 ( if this is a FAQ or better asked elsewhere, can someone point me in the
 right direction? )
 
 In general, what are the rules for using MySql as the database in a
 commercial software package?
 
 I am writing faxing software in windows.  Currently it is just used by the
 client who paid me to write a custom package for their use.  But I would
 also like to market the software to the general public.
 
 First question has to do with using MySql in the custom fax package used by
 my client.  The client can install MySql for no charge on any or all of the
 PCs in their organization?
 
 My other question has to do with embedding MySql into my code when I sell it
 copy protected, closed source to any other clients that are willing to pay
 for it.  Is that permitted?  I need to make a living from my work.
 
 MySql looks to be exactly what I am looking for as the database in my
 windows c++ code. I hope I am able to use it!
 
 thanks,
 
 Steve Richter
 
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[EMAIL PROTECTED] Brainbench Certified Linux (General) Admin
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Re: using mysql in commercial software

2004-07-26 Thread Issac Goldstand
Perhaps I misunderstood the license  but it would seem to me that for the
original use, a commercial license is *not* needed, since anyone can
privately use MySQL for their own private commercial use without a license
(I think).  From what I understand the only need for a commercial license
comes when you're selling a product to the general public which relies on
MySQL (or redistributing MySQL, etc).

Please correct me if I'm wrong...

- Original Message - 
From: Aman Raheja [EMAIL PROTECTED]
To: Steve Richter [EMAIL PROTECTED]
Cc: chat. mysql. [EMAIL PROTECTED]
Sent: Monday, July 26, 2004 5:49 PM
Subject: Re: using mysql in commercial software


 If you go through the online manual of mysql, it points out that mysql
 can be used under gpl (then you have to be giving away the source code
 for your software with mysql) or else you have to purchase mysql
 commercially. In your case you sure need to buy it.


 On Mon, 2004-07-26 at 08:11, Steve Richter wrote:
  ( if this is a FAQ or better asked elsewhere, can someone point me in
the
  right direction? )
 
  In general, what are the rules for using MySql as the database in a
  commercial software package?
 
  I am writing faxing software in windows.  Currently it is just used by
the
  client who paid me to write a custom package for their use.  But I would
  also like to market the software to the general public.
 
  First question has to do with using MySql in the custom fax package used
by
  my client.  The client can install MySql for no charge on any or all of
the
  PCs in their organization?
 
  My other question has to do with embedding MySql into my code when I
sell it
  copy protected, closed source to any other clients that are willing to
pay
  for it.  Is that permitted?  I need to make a living from my work.
 
  MySql looks to be exactly what I am looking for as the database in my
  windows c++ code. I hope I am able to use it!
 
  thanks,
 
  Steve Richter
 
 -- 
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 [EMAIL PROTECTED]   Brainbench Certified Linux (General) Admin
 www.TechQuotes.com   Brainbench Certified Linux (RedHat 9) Admin


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 To unsubscribe:http://lists.mysql.com/[EMAIL PROTECTED]



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Re: using mysql in commercial software

2004-07-26 Thread Aman Raheja
As I understand from the following link
http://dev.mysql.com/doc/mysql/en/Using_the_MySQL_software_under_a_commercial_license.html
You need to buy a commercial license if the software you are developing
is not to be registered under GPL.
Aman

On Mon, 2004-07-26 at 09:55, Issac Goldstand wrote:
 Perhaps I misunderstood the license  but it would seem to me that for the
 original use, a commercial license is *not* needed, since anyone can
 privately use MySQL for their own private commercial use without a license
 (I think).  From what I understand the only need for a commercial license
 comes when you're selling a product to the general public which relies on
 MySQL (or redistributing MySQL, etc).
 
 Please correct me if I'm wrong...
 
 - Original Message - 
 From: Aman Raheja [EMAIL PROTECTED]
 To: Steve Richter [EMAIL PROTECTED]
 Cc: chat. mysql. [EMAIL PROTECTED]
 Sent: Monday, July 26, 2004 5:49 PM
 Subject: Re: using mysql in commercial software
 
 
  If you go through the online manual of mysql, it points out that mysql
  can be used under gpl (then you have to be giving away the source code
  for your software with mysql) or else you have to purchase mysql
  commercially. In your case you sure need to buy it.
 
 
  On Mon, 2004-07-26 at 08:11, Steve Richter wrote:
   ( if this is a FAQ or better asked elsewhere, can someone point me in
 the
   right direction? )
  
   In general, what are the rules for using MySql as the database in a
   commercial software package?
  
   I am writing faxing software in windows.  Currently it is just used by
 the
   client who paid me to write a custom package for their use.  But I would
   also like to market the software to the general public.
  
   First question has to do with using MySql in the custom fax package used
 by
   my client.  The client can install MySql for no charge on any or all of
 the
   PCs in their organization?
  
   My other question has to do with embedding MySql into my code when I
 sell it
   copy protected, closed source to any other clients that are willing to
 pay
   for it.  Is that permitted?  I need to make a living from my work.
  
   MySql looks to be exactly what I am looking for as the database in my
   windows c++ code. I hope I am able to use it!
  
   thanks,
  
   Steve Richter
  
  -- 

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RE: using mysql in commercial software

2004-07-26 Thread Steve Richter
-Original Message-
From: Michael Abbott [mailto:[EMAIL PROTECTED]
Sent: Monday, July 26, 2004 11:28 AM
To: [EMAIL PROTECTED]
Subject: RE: using mysql in commercial software

This may not be strictly legal,   but you could have the end user download
MySQL.. to run with your software.

exactly!  Is Linux distributed under the same type of license as MySql?  If
I sell software that runs on linux I dont have to give away my code, right?
To use my software you first have to install no charge Linux and MySql.  Why
would that not be permitted?

-Steve



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Re: using mysql in commercial software

2004-07-26 Thread gerald_clark

Steve Richter wrote:
-Original Message-
From: Michael Abbott [mailto:[EMAIL PROTECTED]
Sent: Monday, July 26, 2004 11:28 AM
To: [EMAIL PROTECTED]
Subject: RE: using mysql in commercial software
 

This may not be strictly legal,   but you could have the end user download
MySQL.. to run with your software.
   

exactly!  Is Linux distributed under the same type of license as MySql?  If
I sell software that runs on linux I dont have to give away my code, right?
To use my software you first have to install no charge Linux and MySql.  Why
would that not be permitted?
-Steve
 

Because the MySQL license does not allow you to use it free with 
commercial software that requires MySQL.
If you are running commercial software that requires MySQL you must buy 
a license.

 

 


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RE: using mysql in commercial software

2004-07-26 Thread Laercio Xisto Braga Cavalcanti
Hi all,

If I write a comercial software that allow my customer at instalation time
to select between mysql, interbase or other data base is it legal?

Regards,

Laercio. 

-Original Message-
From: gerald_clark [mailto:[EMAIL PROTECTED] 
Sent: segunda-feira, 26 de julho de 2004 15:26
To: Steve Richter
Cc: chat. mysql.
Subject: Re: using mysql in commercial software



Steve Richter wrote:

-Original Message-
From: Michael Abbott [mailto:[EMAIL PROTECTED]
Sent: Monday, July 26, 2004 11:28 AM
To: [EMAIL PROTECTED]
Subject: RE: using mysql in commercial software

  

This may not be strictly legal,   but you could have the end user download
MySQL.. to run with your software.



exactly!  Is Linux distributed under the same type of license as MySql?  
If I sell software that runs on linux I dont have to give away my code,
right?
To use my software you first have to install no charge Linux and MySql.  
Why would that not be permitted?

-Steve
  

Because the MySQL license does not allow you to use it free with commercial
software that requires MySQL.
If you are running commercial software that requires MySQL you must buy a
license.

  


  




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RE: using mysql in commercial software

2004-07-26 Thread SGreen
I guess that would depend on what kind of license your database connection 
libraries come with. 

** DISCLAIMER **  I AM NOT A LAWYER and THIS IS *NOT* LEGAL ADVICE. 
**DISCLAIMER **

Whenever I ask myself can I sell what I just created and keep my source 
code hidden,  I rely on several factors:

1) What restrictions are placed on any source code I wrote, used, or 
re-used, as well as any image, sound, or other binary resources included 
in the creation of the product
2) What license do I posesses to use the tools I use to compile, compress, 
link, assemble, or otherwize create the product in any fashion. 
3) What rights do I have to incorporate or redistribute any third-party 
libraries that the product will require.

To find the answers for your circumstances, you must read and re-read the 
licensing agreements that apply to _everything_ you use to create your 
product. If you do not feel comfortable with your translation of the 
legal-ese in your licenses then you need to ask a competent law 
professional in your locality.

Basically, software is rarely ever sold. What is paid for is the license 
to use a software product (program, library, source code, etc.) for a 
particular purpose. Some licenses allow for the unlimited personal use 
of some very powerful tools but when you go commercial with them (using 
them to create products for sale or transfer to another party) you must 
verify that your licenses permit you to do so. Each situation will be 
different. Every product will be different. You just have to go back and 
dig up all that stuff again and go over it.

Respectfully,

Shawn Green
Database Administrator
Unimin Corporation - Spruce Pine



Laercio Xisto Braga Cavalcanti [EMAIL PROTECTED] wrote 
on 07/26/2004 04:06:01 PM:

 Hi all,
 
 If I write a comercial software that allow my customer at instalation 
time
 to select between mysql, interbase or other data base is it legal?
 
 Regards,
 
 Laercio. 
 
 -Original Message-
 From: gerald_clark [mailto:[EMAIL PROTECTED] 
 Sent: segunda-feira, 26 de julho de 2004 15:26
 To: Steve Richter
 Cc: chat. mysql.
 Subject: Re: using mysql in commercial software
 
 
 
 Steve Richter wrote:
 
 -Original Message-
 From: Michael Abbott [mailto:[EMAIL PROTECTED]
 Sent: Monday, July 26, 2004 11:28 AM
 To: [EMAIL PROTECTED]
 Subject: RE: using mysql in commercial software
 
  
 
 This may not be strictly legal,   but you could have the end user 
download
 MySQL.. to run with your software.
  
 
 
 exactly!  Is Linux distributed under the same type of license as MySql? 
 
 If I sell software that runs on linux I dont have to give away my code,
 right?
 To use my software you first have to install no charge Linux and MySql. 
 
 Why would that not be permitted?
 
 -Steve
  
 
 Because the MySQL license does not allow you to use it free with 
commercial
 software that requires MySQL.
 If you are running commercial software that requires MySQL you must buy 
a
 license.
 
  
 
 
  
 
 
 
 
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 For list archives: http://lists.mysql.com/mysql
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RE: using mysql in commercial software

2004-07-26 Thread Steve Richter

looks like the answer is no.  As soon as fee based software touches the
mysql install on the PC, the user is obligated to pay the $250.  At least I
guess it is the user who has to pay.  Because once you pay for the mysql
install, you can use as many fee based applications as you want.

-Steve

-Original Message-
From: Laercio Xisto Braga Cavalcanti
[mailto:[EMAIL PROTECTED]
Sent: Monday, July 26, 2004 3:06 PM
To: 'gerald_clark'; 'Steve Richter'
Cc: 'chat. mysql.'
Subject: RE: using mysql in commercial software


Hi all,

If I write a comercial software that allow my customer at instalation time
to select between mysql, interbase or other data base is it legal?

Regards,

Laercio.

-Original Message-
From: gerald_clark [mailto:[EMAIL PROTECTED]
Sent: segunda-feira, 26 de julho de 2004 15:26
To: Steve Richter
Cc: chat. mysql.
Subject: Re: using mysql in commercial software



Steve Richter wrote:

-Original Message-
From: Michael Abbott [mailto:[EMAIL PROTECTED]
Sent: Monday, July 26, 2004 11:28 AM
To: [EMAIL PROTECTED]
Subject: RE: using mysql in commercial software



This may not be strictly legal,   but you could have the end user download
MySQL.. to run with your software.



exactly!  Is Linux distributed under the same type of license as MySql?
If I sell software that runs on linux I dont have to give away my code,
right?
To use my software you first have to install no charge Linux and MySql.
Why would that not be permitted?

-Steve


Because the MySQL license does not allow you to use it free with commercial
software that requires MySQL.
If you are running commercial software that requires MySQL you must buy a
license.









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RE: using mysql in commercial software

2004-07-26 Thread mos
At 04:43 PM 7/26/2004, you wrote:
looks like the answer is no.  As soon as fee based software touches the
mysql install on the PC, the user is obligated to pay the $250.
Actually I believe the MySQL 4.x license is more stringent than that. If 
the MySQL database is distributed within a company for free, then a license 
is still required, unless the application is distributed under the GPL. If 
you keep the database in one central location at your company (or ISP), 
then a license is not required. If you use the database for your own use 
and not give the application to anyone, then a license is not required.

If you distribute the application for free, but not under the GPL ( you 
don't distribute the source to the application), you still have to purchase 
a license. So basically if you distribute your application that depends on 
MySQL, you need a license unless your application is distributed as GPL, 
whether you charge for your application or not. Whew!g  Wouldn't it be 
nice if MySQL created a nice little table with a couple of columns 
License and No License and a bunch of examples down the left hand side?

So if you have an application that uses MySQL, and you are going to 
distribute it (even for free), then a license is required unless you GPL 
your application. If you're looking for a loophole in the MySQL license, 
then you'd be better off looking at FireBird or PostgreSQL or something 
smaller. There are a few zero footprint databases that work well for a 
dozen or two dozen users under Windows without costing a lot and paying 
royalties. Some are even client/server.

Mike

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