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Re: MariaDB and the SCA

 

Hi Paul

On 04/09/2009, at 7:10 PM, Paul McCullagh wrote:
Thanks for giving us the inside on that one. It has been a point of confusion for me, and I have read the GPL a few times to try to figure it out.
Oh look the GPL and its FAQ sorts out most, and my article on the  
dev.mysql.com site from long ago was so clear and honest that Zack (VP  
Marketing) at the time had to protect it (and me ;-) against sales.
In the meantime I am certain that my understanding is correct, that there is nothing illegal about shipping mysqld with a closed source program (as long as you don't link any part of the MySQL code).
Correct, but again that's also one of the cases where a salesperson  
will fuzz and "suggest" you get licenses anyway.
And now that Sun themselves are maintaining a BSD client library, that pretty much clears up the question of whether that is legal as well (i.e. none of this, as discussed by Mark and yourself, the protocol is GPL, therefore a client library must be GPL as well).
Yea that whole "protocol is GPL" can be safely ignored. GPL is for  
code, not specs.
The clients sales talk to have no clue about BSD client lib or such  
details, so it does not really change any opportunity.
Most unfortunate, I wish it did.
But at least the clueful gang out there can now use BSD client library and not complain about evil MySQL licensing.
That is good.

Cheers,
Arjen.


On Sep 4, 2009, at 1:09 AM, Arjen Lentz wrote:

Hi Paul

On 03/09/2009, at 10:54 PM, Paul McCullagh wrote:
As far as I know, with the advent of the BSD licensed libdrizzle (https://launchpad.net/libdrizzle ), which also runs with MySQL (and I assume MariaDB), the dual licensing model is now irrelevant.
You're legally correct (apart from libmysqld type apps that link in  
the entire server) but that's not how it's been sold for the last 5  
years. The sales people's definition of "embedding" is not the same  
as what you and I see. They also futz with the definition of  
linking, and do some scare-mongering on IP risk (see, someone is  
making money -indirectly- off the SCO mess ;-)
The result is that they have clients that purchased licenses that  
didn't need them, for various reasons.
In 2007-2008 they even made the creator of an independent client  
library pay for interacting with the server; again that was done on  
the basis of risk. When I found out at the MySQL conf I slapped  
MySQL legal (I was already external) and told 'em if I ever saw it  
again I'd be quite public about it. They knew fulwell that there  
was no legal basis, and admitted as much. But it's happened since,  
this year in fact. So despite sane and conscientious lawyers, the  
fun continues. Revenue comes first.
With "risk" as the validation force, the sales attitude will not  
chance until that leverage no longer exists anywhere in the server.
The sales people run on commission and work with quarterly goals;  
they will do whatever it takes to close, including twist and lie.  
There is no "be a good citizen" or "be nice for the future". It's  
do the slick talk, close, and move on to the next client aka  
victim. It's essentially become an extortion scheme. But since  
clients can be presumed to be savvy enough to stand up for  
themselves or take appropriate legal advice, it's -as far as I  
know- legal. Doesn't make it right though.
There are good people at Sun, there are good people at MySQL, and  
there are even good Sales people at Sun/MySQL.
But MySQL AB regarded it was valid tactics ("necessary freedom to  
do their work" was what VP Kaj told me when I raised concern about  
tactics employed by Louis Fahrberger and Kerry Ancheta), and while  
Sun explicitly stating that this was not how it wanted to conduct  
its business, it has continued. It's very difficult to change  
what's essentially corporate policy. Specifically when the  
renumeration method for sales encourages (I won't say necessitates)  
it.
And thus I no longer direct anyone to a MySQL sales person; it  
wouldn't be a fair thing to do to a fellow human being.
Hence my opinion that dual licensing needs to go, from all parts of  
the server. Otherwise this will not stop.
Having the BSD client library by Eric Day is fabulous both for  
licensing and for its nice design, but unfortunately it hasn't made  
the sales problem go away yet.

Cheers,
Arjen.
--
Arjen Lentz, Exec.Director @ Open Query (http://openquery.com)
Exceptional Services for MySQL at a fixed budget.

Follow our blog at http://openquery.com/blog/
OurDelta: enhanced builds for MySQL @ http://ourdelta.org



--
Paul McCullagh
PrimeBase Technologies
www.primebase.org
www.blobstreaming.org
pbxt.blogspot.com



--
Arjen Lentz, Exec.Director @ Open Query (http://openquery.com)
Exceptional Services for MySQL at a fixed budget.

Follow our blog at http://openquery.com/blog/
OurDelta: enhanced builds for MySQL @ http://ourdelta.org











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