[Fsf-india] GPL goes to court !...

[Gopal.V]

Hi E'body,
	AFAIK, this is the first time GPL is taking court action
against a violator. The FSF is taking legal action against
"Progress Software Corp." who attempted to ship a binary of
"Gemini" -- a mysql storage module without providing sources.
Progress Software sells a CDROM called NuSphere MySQL Advantage.
This contains various applications like Apache, PHP and MySQL.

	As a very important part of HA database services and crash
recovery, Gemini is very popular. But the source code is under
wraps . ie A GPL violation by Progress Software. 

	The question is not about GPL standing for trial, but the 
point about MySQL AB selling ``dual licensed'' editions and 
Progress Software not being allowed. IMHO GPL will win ! 

[-SNIP-]
  EBEN MOGLEN's Affidavit : 

  19-a.. Redistribution must itself occur under GPL and only GPL, 
with no additional license conditions. (See Exhibit B, §2(b)); 
  19-b.. Redistribution must include ``source code,'' the 
human-readable form of computer programs that allows programmers 
to understand and modify computer programs for themselves, as 
opposed to ``object code,'' which is the ``machine language'' 
version of computer programs that is very difficult for programmers 
to understand or modify 

 19-c.. Redistribution must include a copy of the GPL, so that 
users are aware of their rights to use, copy, modify and distribute, 
and so that anyone engaged in redistribution is also aware of the 
conditions under which redistribution is permitted.
......
  35.. I then checked whether the source code of the Gemini
 component of mysqld was available. I saw that it was not. 
 I used standard tools to ``recompile'' mysqld, which means 
 to rebuild the program from the parts provided, and discovered 
 that the rebuilt mysqld did not include Gemini capacity. In 
 a manual distributed in the portion of the CD only related to 
 Windows users I found the statement that ```GEMINI' tables 
 will be included in some future MySQL 3.23.X source distribution.'' 
 ......

  38.. Under GPL §4, I conclude, Progress Software Corp. lost the 
 right to distribute MySQL when it distributed NuSphere MySQL 
 Advantage in a fashion that violated GPL. 
[-END-SNIP-]

Gopal.V
-- 
 The difference between insanity and genius is only measured by success
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