[ale] Trying to understand mysql licensing

[Atlanta Geek]

Well the application that we distribute is not in a binary form.  It
is in the form of a scripting language based on Ruby on Rails.
Now we did not open source the script code. We still own it and do not
provide free copies (at least not on purpose) for anyone to run the
application. We sell the application on its own server.
So should I assume this would follow the path of a binary application?
Do we need to charge our customers an annual subscription fee for this
application to cover the mysql licensing cost?

2008/5/23 Michael B. Trausch <mike at trausch.us>:
> On Fri, 2008-05-23 at 14:30 -0400, Atlanta Geek wrote:
>> We are using mysql in a commercial product. We are already buying
>> redhad ES that comes with mysql.  Do we need to pay mysql as well?
>
> I think you mean proprietary.  Open source and free software can indeed
> be commercial in nature, just as proprietary software can be
> non-commercial in nature.  It's all about the terms of the licensing and
> the availability of rights to the end-user of the software in question.
> Also, you'll want to read the fine print for RHEL to see if the copy of
> MySQL that comes with it is given to you under the terms of the GPL, or
> a commercial license.  If I'm not mistaken, it's distributed to you
> under the terms of the GPL, and you'd have to seek licensing directly
> from Sun/MySQL if you intend to do anything with it that requires
> licensing outside of the GPL.
>
> It would depend on the application and how it is distributed, if it is
> distributed at all.  Allow me to state that I am not an attorney and
> this is not legal advice.  If you are at all in doubt about the exact
> details of your situation, you are well-advised to seek out the advice
> of an attorney who is competent in the matters of software licensing and
> technology issues.
>
> First off, the GPL (which the whole of MySQL is licensed under) does not
> apply to end-users.  It applies only to distributors (some of which may,
> of course, also be end-users).  Therefore, if your application runs
> in-house (for example, on a Web server), then even if it is commercial,
> it does not matter.  You are and end-user, and you are not distributing
> your application, nor MySQL.  You are able to use GPL'd MySQL on your
> server, and allow clients to connect to your application using a Web
> browser.
>
> However, if you are distributing your application (presumably, based on
> your request, in a proprietary binary product, with a license which is
> not OSI-approved), then in 99% of cases, you _must_ get a license for
> MySQL other than the GPL (somewhat erroneously referred to as a
> commercial license).  If you link to the MySQL client libraries, you'll
> need to do this.  One notable exception would be if you have created
> your _own_ MySQL client access library, and it does nothing but connects
> to a server, then you may use the version licensed under the GPL.  (In
> other words, you do not link to any MySQL code, including the MySQL
> libraries, directly or indirectly; you simply open a socket and speak
> the bare protocol to the server.  You probably do not do this.)
>
> More information about your request would be necessary to really see
> what things are going on.  Nonetheless, you're strongly recommended to
> ask your attorney to answer this question, or, refer you to an attorney
> that can.  Be sure that the attorney is familiar with all of the
> relevant issues, of course.
>
>        HTH,
>        Mike
>
> --
> Michael B. Trausch                                   mike at trausch.us
> home: 404-592-5746, 1                                 www.trausch.us
> cell: 678-522-7934                       im: mike at trausch.us, jabber
> Ubuntu Unofficial Backports Project:    http://backports.trausch.us/
>
>
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