From: Zak Greant
Date: February 23 2004 3:42pm
Subject: Re: License Name?
List-Archive: http://lists.mysql.com/community/13
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Hi Mike!

Please note that I am not a lawyer, but I will provide the best answers 
that I can here.

On Feb 22, 2004, at 01:53, Mike Hillyer wrote:
> Hello Again;
>
> Now here's another question: MySQL uses the GPL, but it seems like this
> leaves a lot of room for interpretation. In addition, modifications are
> already being made to the license to allow for linking in PHP. Is it 
> perhaps
> time to implement the changes as "The MySQL License"?

I think that this would increase the level of confusion about the 
licensing.

The license is the GPL, with optional exceptions. This makes it clear 
that you can use it just as if it were stock GPL. If you need to do 
things that go outside of the GPL, then you can look at the exceptions 
or purchase a license for proprietary use.

Also, I like the GPL - I think it is still the best representation of 
the community side of our business ideals.

> When MySQL uses the GPL as "The GPL" it makes me wonder whose 
> interpretation
> of the GPL is final in licensing issues: is it MySQL AB's 
> interpretation or
> the FSF's that applies? Perhaps a naming of "The MySQL Open License" 
> and
> "The MySQl Commercial License" would make it clear that the license is
> specific to MySQL and MySQL AB is the final decider.

Neither party is the final interpreter of the GPL. The GPL is based on 
copyright law and neither MySQL AB or the Free Software Foundation has 
the ability to interpret or pass laws - instead, this is generally the 
responsibility of a court.

However, as the copyright holder for the work that is licensed under 
the GPL (the various pieces of MySQL software) I think that we do have 
to be the ones to enforce the license. Also, I believe that we should 
provide guidelines on how we think the license applies.

> Now of course this could potentially piss off a certain number of 
> people. I
> can imagine the comments on Slashdot now, some ok and some saying this 
> makes
> MySQL non-Open Source. Some would complain that MySQL AB being the 
> final
> decider on license interpretation means MySQL AB can always decide in 
> their
> favor.
>
> Just one more thing to ponder...

Thanks for the input - I do not think that it is a strong option right 
now.

Cheers!
--zak