From: Stéphane Croisier
Date: February 26 2004 5:10pm
Subject: Re: License Name?
List-Archive: http://lists.mysql.com/community/18
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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=20
web site ( http://www.mysql.com/products/opensource-license.html ):
"Free use for those who never copy, modify or distribute. As long as you=20
never distribute (internally or externally) the MySQL Software in any way,=
=20
you are free to use it for powering your application, irrespective of=20
whether your application is under GPL license or not."

And BTW #3 does not solve the issue I raise of making an "internal"=20
distribution within my organisation of a proprietary software on top of=20
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=20
software as a component of an aggregate software distribution containing=20
programs from several different sources. The license shall not require a=20
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=20
really valid once. For example, you can sell your software "distribution" 1=
=20
million under GPL. IBM (for example) buys it once (with or without the=20
sources as they have then the right to freely access to them in all the=20
cases). IBM can then freely redistribute it as part of their own=20
distributions. No more sales for you. Period (and bankrupcy for you if you=
=20
have no other revenue streams). So you have better to really well calculate=
=20
your first sale price!

If it was so easy to get license based revenue streams with an OSI license,=
=20
I am sure a lot of software vendors would already make it. Do you know a=20
lot of them? ;-)

Cheers
St=E9phane

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