re: mysql.org

[Thomas J Keller]

  Well, I have gone and looked more closely at mysql.org.

  I am forced to confess that I find several disheartening "features" at this
site.  I am unwilling at this juncture to typify these issues as deliberate or
ill-intentioned, but I will say that NuSphere needs to make a concerted,
immediate effort to resolve these points.

1)  While they do point out that they are not affliated, and provide a link to
MySQL AB, they do not state why this is relevant, or why someone might WANT to
go to MySQL AB.  

2)  They do not explicitly claim to be the developers of MySQL, but they also do
not explicitly state that they are not.  While experienced MySQL users would
recognize this fact, new-comers or persons searching for information in support
of a product decision would  most likely not recognize that distinction.

3)  The tone and content of the requests for participation and assistance in
development do suggest that participating in the NuSphere mysql.org development
effort is identical to participating in MySQL development, which is clearly not
the case.

   In my opinion, Nusphere needs to take the following actions immediately:

1)  Explicitly and prominently identify on their front page, the ownership of
the MySQL trademark as belonging to MySQL AB, and point at the mysql.com
website.

2)  Clearly delineate the difference between NuSphere MySQL and MySQL, on the
front page, and prominently.

3)  Cause their site not to resemble mysql.com in any way related to design or
format.

4)  NuSphere needs to clarify the extent and nature of their investments in
MySQL.  Investment in their inhouse products does not qualify as investment in
the MySQL server product.  Monies paid to MySQL AB, subject to the details of
whatever agreements said monies were paid under, may qualify.

   None of these are onerous, and doing these things will go a long way to
putting NuSphere back into good graces with this community and with the folks at
MySQL AB.

   As a separate issue, I will offer my comments re: the domain name/trademark
dispute:

   It is my opinion that regardless of what rights NuSphere may believe,
correctly or otherwise, they have to the use of the MySQL trademark, that the
only honorable and acceptable action for them to take is to transfer the domain
name to MySQL AB immediately.  This is a matter of ethics and courtesy (and good
PR), not legality.

   As for the issue of trademark infringement and protection, it is true that
failure to take appropriate legal action to defend a trademark can, and
sometimes does, lead to loss of legal protection for that trademark.  This being
the case, NuSphere and MySQL AB need to work up a written agreement which
asserts that the trademark MySQL does explicitly belong to MySQL AB, and that
NuSphere formally acknowledges that ownership.  Such an agreement gives MySQL AB
proof of defense, which is their largest single concern (in my interpretation).
The actual use of the trademark by NuSphere is an issue that should be settled
betwen NuSphere and MySQL, or in the courts, if that unfortunate necessity
arises.