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From:Stéphane Croisier Date:February 26 2004 5:10pm
Subject:Re: License Name?
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At 17:35 26/02/2004, Mahesh T. Pai wrote:
>  > internally a fail-over server  with my own proprietary program with
>  > both  servers runnning  MySQL,  is it  considered  as an  "internal
>  > distribution" and then subject to the viral effect of the GPL?)
>
>This is a wrong assumption. the  GNU GPL comes into play only when you
>distribute to other persons.
>
>Ok.  Before you (or somebody else) starts of with `distribution within
>the organisation is distribution', please read GNU GPL, #3:-
>
>Comply with #3, and you have complied with the GPL. ;)

I know #3 of the GPL ;-)
But we are speaking of the interpretation of MySQL AB according to their 
web site ( http://www.mysql.com/products/opensource-license.html ):
"Free use for those who never copy, modify or distribute. 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 license or not."

And BTW #3 does not solve the issue I raise of making an "internal" 
distribution within my organisation of a proprietary software on top of 
MySQL (viral effect or not?).


>  > 2) Free Software means free like in free speech but also like in
>  > free beer.
>`but also' is an error.
>Free software means free like in free speech. Period.
>You have the freedom to distribute it free of cost. But nobody compels
>you to do so. If you distribute  a binary, of course, you have to give
>the source code too. But  then, nobody compelled you to distribute the
>binary. Did they??

OSI definition point 1:
The license shall not restrict any party from selling or giving away the 
software as a component of an aggregate software distribution containing 
programs from several different sources. The license shall not require a 
royalty or other fee for such sale.
and: http://www.fsf.org/philosophy/selling.html

So you can fix a price to your distribution. But this strategy is only 
really valid once. For example, you can sell your software "distribution" 1 
million under GPL. IBM (for example) buys it once (with or without the 
sources as they have then the right to freely access to them in all the 
cases). IBM can then freely redistribute it as part of their own 
distributions. No more sales for you. Period (and bankrupcy for you if you 
have no other revenue streams). So you have better to really well calculate 
your first sale price!

If it was so easy to get license based revenue streams with an OSI license, 
I am sure a lot of software vendors would already make it. Do you know a 
lot of them? ;-)

Cheers
Stéphane


Thread
License Name?Mike Hillyer22 Feb
  • RE: License Name?Steph22 Feb
    • RE: License Name?Mike Hillyer22 Feb
      • RE: License Name?Steph22 Feb
  • Re: License Name?Zak Greant23 Feb
    • Re: License Name?Mike Hillyer23 Feb
    • Re: License Name?Stéphane Croisier26 Feb
      • Re: License Name?Mahesh T. Pai26 Feb
        • Re: License Name?Stéphane Croisier26 Feb
          • Re: License Name?Mahesh T. Pai26 Feb
          • Re: License Name?Mahesh T. Pai26 Feb
          • Re: License Name?Mahesh T. Pai26 Feb