[ale] MySql scare tactics?

[Bob Toxen]

On Wed, Oct 08, 2003 at 08:24:47PM -0400, Dow Hurst wrote:
> I think they are saying that you can't distribute it but that the user 
> can download and install it themselves.
My interpretation as someone who is not an attorney (and who is not giving
legal advice) but who has dealt with a heck of a lot of software contracts
and licenses and has a very good layman's understanding of the law is thus:

They are saying that *they* do not want you to do this and that and think
that their wishes are legally binding.  SCO made its own non-standard
interpretation of the GPL that I'd bet credits to army beans* will get
laughed out of court within a year. *Must not risk a copyright violation.

They stated that the software is licensed under the GPL.  The GPL is
quite specific.  I suspect that a judge would interpret the rest of
their licensing URL as either the project's (incorrect) interpretation
of the GPL or as other sections of the license that includes the GPL,
where the license contains contradicting sections.  Judges usually
handle contracts with contradicting sections by interpreting in favor
of the defendant.

After SCO gets crushed out of existence, few others will dare to challenge
the GPL in court.

> Dow
Bob

> John Wells wrote:

> >I was perusing the license agreement at MySql.com
> >(http://www.mysql.com/products/licensing.html) and found this language:

> >"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 or other OSI
> >approved license or not."

> >I was under the impression that distributing internally would fall under
> >fair use per the GPL.  Is this not the case?  Is this an intended
> >vagueness on MySql's part to encourage license purchases?

> >I'm very unsure on what this grants me the right to do?


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