Links for Presentation on Free Software and Open Source Licenses

The controversial and mysterious MySQL License Version 4.1

• http://dev.mysql.com/doc/mysql/en/Using_the_MySQL_software_for_free_under_GPL.html
  In the MySQL reference manual, section "1.4.3.2 Using the MySQL Software for Free Under GPL," MySQL AB writes: "When you are not distributing any part of the MySQL system, you can use it for free."

  A normal human being might then think that MySQL AB's interpretation of the GPL license permits some person/org to:

  • sell software that happens to need to be used with MySQL,
  • provide consulting services to develop, adapt software that calls upon MySQL.
  • internally use MySQL (within an organization.)
  
  Warning: 'distributing' turns out to have a very special meaning according to MySQL AB, as the company more or less explains in other documents.

• http://www.mysql.com/company/legal/licensing/opensource-license.html
  Suppose you decide to read the actual open source license just to be sure.
  The MySQL Open Source License offers:

  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.

  
  But wait...

• http://www.mysql.com/company/legal/licensing/index.html
  Let's read the document "MySQL Licensing Policy".
  In this policy document, MySQL AB refers to (and links to) both the Commercial License and the Open Source License.

  So are the Commercial License and the Open Source License separate licenses, or are they all part of, or fully subsumed into, one big licensing policy headed "MySQL Licensing Policy"?

• http://www.mysql.com/company/legal/licensing/commercial-license.html
  The MySQL Commercial License carefully specifies in a lengthy way that "distribution" has meanings a normal human being probably would not expect.

  According to MySQL AB:

  • if a software vendor distributes commercial software that needs to be used with MySQL, the software vendor is distributing MySQL.
  • "If you distribute MySQL Software within your organization," you need a commercial license. Evidently the "you" that can use MySQL under the GPL license cannot be an organization that uses MySQL internally, if the organization distributes MySQL software within itself.
  • Read the MySQL Commercial License for more added meanings of "distribute" and "distribution"! I cannot do it justice here.

• There are many more complications and puzzles, like trying to figure out when you need what kinds of licenses, and how many you need for various real-world situations, and how the kinds of licenses (e.g. "server license") referred to in the MySQL Commercial License correspond to actual products sold by MySQL.

  For example, suppose you want to charge customers $50 each for a software product that is designed to be used with MySQL. Selling such a product is allegedly 'distributing' MySQL. Does MySQL want you to purchase a $295 license for each server (or even each processor?) on which you license a customer to use your software? Or should you (can you?) buy a different type of license, more expensive than $295? Does this jack up the price of your software from $50 to $345 per server? It would appear that software to be used with MySQL is permitted to be free and GPL, and alternatively is permitted to cost several hundreds of dollars and up per server, but under no circumstance may it be merely inexpensive.

• The Commercial License and the Open Source License include the section:

  When in Doubt

  If you have any questions on MySQL licensing, feel free to contact us: USA and Canada: + 1-425-743-5635 or online Germany, Austria, and Switzerland: +49-(0)7022-9256-30 or lizenzierung@mysql.de Scandinavia (Sweden, Norway, and Denmark): +46 730 234 111 France: +33 (0)1.43.077.099 or vente@mysql.com Finland: +358 (0)9 2517 5553 Spain, Portugal, and Latin America: +1 (425) 373-3434 or vende@mysql.com

  I note the absence of a recommendation for seeking written, signed clarification from MySQL AB, which might hold up better in court than an alleged copy of an old email.

• For other interpretations of the GPL to compare and contrast with MySQL AB's, you might try:
  • St. Laurent's book mentioned in my References/Bibliography section.
  • http://www.fsf.org/licenses/gpl-faq.html
    The Free Software Federation, which maintains, governs, and publicizes the GPL.
  • http://www.linuxinsider.com/story/33968.html
    GPL: Viral Infection or Just Your Imagination?

• For commentary on the MySQL controversy (some of which I don't necessarily agree with) you might try:
  • Commentaries by Jon Udell
    • http://www.infoworld.com/article/04/01/16/03OPstrategic_1.html
    
    
  • http://www.openlinksw.com/blog/~kidehen/?id=446
    Kingsley Idehen says:

    I wonder how the tons of LAMP users and developers feel right now, a change of this magnitude in mid-stream! Nice way to treat a community that has built itself around MySQL's LGPL Client Libraries.

    Idehen suggests a tool to de-MySQL your MySQL-specific code:

    Now if you think that you are stumped simply because you went innocently down the LAMP path by buying into the "MySQL data access is good enough perception", and now find yourself over invested in MySQL specific code (that is data access code bound directly to the MySQL client libraries), please don't worry! There is an Open Source solution called MySQL2ODBC that is based on the pre 4.1 MySQL client libraries that enables your MySQL specific application (which is typical of L AMP solutions) to become iODBC compliant, and this is achieved without a wholesale rewrite of your application.

    http://www.iodbc.org/index.php?page=mysql2odbc/index

  • http://www.google.com/search?hl=en&q=MySQL+license+commentary&btnG=Google+Search .
    Google search on: MySQL license commentary
  • http://www.ofb.biz/modules.php?name=News&file=article&sid=325
    OfB.biz: Open for Business - The MySQL License Question
  • http://www.internetnews.com/dev-news/article.php/3358061
    Latest MySQL Fails to Quiet Licensing Critics
  • http://www.edwardbear.org/serendipity/index.php?/archives/1193_My_Beef_with_MySQLs_License.html
    "My Beef with MySQL's License"