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From:Zak Greant Date:March 17 2004 11:00pm
Subject:Re: The MySQL FOSS Exception v0.1
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Greetings Andres,

Thanks for writing.

On Mar 16, 2004, at 01:01, Andres Salomon wrote:
> (CC'ing debian-legal for any suggestions they may have, as well)

Excellent!

...

> Congrats.  Hopefully we'll see v0.2 very soon.  :)

We have feedback from many people now to integrate, so there should be 
a new minor release soon.
I expect that a major release is about a week away.

...

>> When I get back to my home base in a few days, I will drop the
>> exception into something like CVS (perhaps with CVStrac support ;) so
>> that we can track every little change and the suggestions that led to
>> it.

The exception is now in cvstrac - see:
  * http://zak.greant.com/archives/000626.html
  * http://zak.greant.com/cvstrac/index.cgi/licensing/

>> You are free to distribute Derivative Works that are formed entirely
>> from works
>> licensed under under one or more of the licenses listed below without
>
> Small typo; s/under under one/under one/.

Thanks. Already corrected in the CVS version.

>> affecting
>> the license terms of the works, as long as:
>>
>> 1. You obey the GNU General Public License in all respects for the
>> Program and the Derivative Work, except for identifiable sections of 
>> that work
>> which are not derived from the Program, and which can reasonably be 
>> considered
>> independent and separate works in themselves,
>
> Ok, so when merely using libmysqlclient via its standard API (the 
> common
> case being dynamically linking against it), GPL terms must be followed
> for only libmysqlclient; the complete derived work is exempt 
> (contingent
> upon further text, below).  When including actual libmysqlclient code 
> in
> a module (or program) that isn't just calling libmysqlclient API calls,
> GPL terms must be followed for the entire module (or program).  Using
> terms like "reasonable" in licenses makes me nervous, but it seems
> pretty clear in this case what is meant.

Please note - before we get into this, I am not a lawyer! I don't even 
play one on television.

I agree that this is tough language to work with. The positive thing 
here is that, if there were a court case, it is up to the court to 
decide what reasonable is (rather than the user or MySQL).

>> 2. You distribute all identifiable sections of the Derivative Work
>> which are not derived from the Program, and which can reasonably be 
>> considered
>> independent and separate works in themselves, subject to one of the 
>> licenses listed
>> below,
>
> Here, permission is granted to distribute with the licenses listed
> below.  We'd need to make sure that everything PHP and Apache link with
> use only the licenses below.

True enough. Added to the todo list - see 
http://zak.greant.com/cvstrac/index.cgi/licensing/tktview?tn=4

>> 3. The Derivative Work does not include or aggregate any part of the
>> MySQL Server (SQL Engine) or any modifications, translations or other
>> derivatives thereof,
>>
>
> This clause seems very problematic.  The intention seems to be to allow
> the license exception to apply only to client libs.  Unfortunately, 
> this
> could easily be violated.  For example, some other random piece of 
> GPL'd
> software that includes a few files from mysqld (since both pieces of
> software are GPL'd, that's fine to do), and then links against apache 
> or
> php would violate the exception.  Yikes.  It's not merely the licenses
> we must be checking, now; it's also individual source files within all
> projects linking against libmysqlclient (or apache, or php, or any
> number of other things that may be using php or libmysqlclient).
>
> Furthermore, the definition given for "include or aggregate" below
> includes distribution on the same media.  This violates the DFSG
> <http://www.debian.org/social_contract#guidelines>, making it
> undistributable by Debian (if the clause is in place).  See point #9 of
> the guidelines; this clause forces other software that is merely
> distributed alongside a libmysqlclient that's linked with PHP (for
> example) to not include mysqld.  Not only that, but it goes so far as 
> to
> say that we cannot allow automated downloading of mysqld with a GPL'd
> libmysqlclient and PHP.  That makes this entire exception useless to
> most distributors, I'd imagine.

Personally, I agree and believe that we must expand the exception to 
cover the MySQL server as well. This will solve issues for Debian, 
Fedora and others. It will also make the exception simpler to 
understand.

Cheers!
--zak

Thread
The MySQL FOSS Exception v0.1Zak Greant13 Mar
  • Re: The MySQL FOSS Exception v0.1Andres Salomon16 Mar
    • Re: The MySQL FOSS Exception v0.1Zak Greant18 Mar
      • Re: The MySQL FOSS Exception v0.1Steve Langasek20 Mar
        • Re: The MySQL FOSS Exception v0.1Zak Greant21 Mar
        • Re: The MySQL FOSS Exception v0.1Zak Greant21 Mar
  • Re: The MySQL FOSS Exception v0.1Jan Wieck17 Mar
    • Re: The MySQL FOSS Exception v0.1Zak Greant18 Mar
    • Re: The MySQL FOSS Exception v0.1Andres Salomon18 Mar
      • Re: The MySQL FOSS Exception v0.1Jan Wieck19 Mar
        • Re: The MySQL FOSS Exception v0.1Zak Greant19 Mar
          • Re: The MySQL FOSS Exception v0.1Jan Wieck9 Apr
            • Re: The MySQL FOSS Exception v0.1Zak Greant25 Apr