>
>
>
>No really. The software is GPL and you can use it as you would any GPL
>software. However MySQL threatans to take people to court if they use
>the software commercially. They may or may not win, but this gets companies
>to pay MySQL license fees rather than pay to go to court.
>
>In theory if your application isn't tied tightly to MySQL you should be
>able to win a lawsuit. But the first couple of companies that did this
>will probably end up paying more in court costs than license fees.
>
>
This is an extremely important point IMHO (IANAL). My company releases
most of the projects we do under the GPL (unlike MySQL we don't require
that changes get assigned to us). One of the thing that makes the GPL
very powerful is that the balance of risk in litigating favors just
buying the licenses.
Like many, I think that the GPL would largely stand up in court but some
of the ambiguity inherent in the question of what exactly is a
derivative work will slowly get hammered out by the courts. For
example, I am not convinced that linking is sufficient to consider a
work derivative. But until people have an incentive (on the balance) to
ask the court to clarify this question, I suspect that the term will
largely mean whatever the licensor says it means.
This means that obtaining GPL'd software from a single commercial entity
is fairly risky because one is held captive to the possibility of
litigation-based extortion.
Best Wishes,
Chris Travers
Metatron Technology Consulting
