Re: About GPL and proprietary software

Robert Treat wrote:
> right, but thats not what he said.
>
>
>>>>"Your PHP app that requires MySQL, if distributed, will either have
>>>>to be GPL (or another OSI-approved and MySQL-approved open source
>>>>licence ) or you will need a commercial licence of MySQL."
>
>
> note the "if distributed", its key to the whole thing. if your just
> distributing php code then all is well and good, but if your
> distributing php code and mysql, then you gotta pay up.

I wanted to "chime in" on this topic. Some of this doesn't make any
sense, at least to me. Is there only one way to inteface PHP to MySQL
that is the equivalent to "static linking"?

Say you had a closed PHP application, and it used ODBC (of some sort) to
communicate to MySQL - as long as the ODBC layer was closed or LGPL'd or
something, how are you linked to MySQL?

Unless the only way to communicate to MySQL from PHP is via some kind of
API in PHP, all of which is GPL'd - gah, it is boggling my mind, but if
this was the case, then MySQL would be a bad choice for a DB (whether
your app is open source or not).

I would think though, that if there is no "static linking" involved
(that is, you are communicating through ODBC or some other itermediary
API that is closed or LGPL'd for your app), that you should be able to
distribute your closed source application, as well as MySQL (and make
available its accompanying source code, or distribute it with it), and
be OK by the GPL.

However, I am not a lawyer here - if this is truely an issue, perhaps
the parties that need this resolved should speak with one competent in
these kinds of issues.

Andrew Ayers
Phoenix, Arizona

> Robert Treat
>
> On Tue, 2003-09-23 at 11:26, scott.marlowe wrote:
>
>>I still feel MySQL is somewhat overstepping the bounds of the GPL.  The
>>GPL makes it clear that if I don't link to GPL code, I'm not bound by it.
>>
>>I.e. I can sell closed source PHP code to a customer, let them install
>>their own PHP/Zend/MySQL server, IN ACCORDANCE WITH THE GPL, and then I
>>can install the encoded PHP and still be in keeping with the requirements
>>of the GPL.
>>
>>In fact, one of the requirements of the GPL is that you can't just add
>>requirements where you see fit.  I.e. "your PHP app is commercial, it's
>>not linked to our GPL code, but you HAVE to GPL it or buy a commercial
>>license" violates the GPL itself.
>>
>>On Sat, 20 Sep 2003, Jan Wieck wrote:
>>
>>
>>>FYI
>>>
>>>In answer to Kaarel's question
>>>
>>>Kaarel wrote:
>>>
>>>>Would a perl application using DBI have a similar problem? Or how would
>>>>one then legally use PHP with MySQL without GPL-ing your product and
>>>>without buying MySQL commercial license?
>>>
>>>
>>>Marten Mickos, CEO of MySQL AB Sweden answered and kindly gave me
>>>permission to forward his reply to our General mailing list for this
>>>question appears to be of broader interest:
>>>
>>>Marten G. Mickos wrote:
>>>
>>>>Kaarel, Jan
>>>>
>>>>Thanks for your email, Jan!
>>>>
>>>>Our guiding principle is to have all our source code open, and to
>>>>offer it free of payment (i.e. gratis) to those who commit to doing
>>>>the same. We have concluded that the GPL licence best fulfills this
>>>>principle, and that's why we use the GPL.
>>>>
>>>>Therefore the answer to Kaarel's question is:
>>>>
>>>>"Your PHP app that requires MySQL, if distributed, will either have
>>>>to be GPL (or another OSI-approved and MySQL-approved open source
>>>>licence ) or you will need a commercial licence of MySQL."
>>>>
>>>>Sometimes people say "But I cannot open source my application!" and
>>>>they may have valid reasons for this. Our response is then: "If you
>>>>have a valid reason not to be open source, wouldn't that same
>>>>reasoning apply to us?".
>>>>
>>>>This goes to the core of MySQL AB's business idea of Quid pro Quo -
>>>>if you are open source, we are open source - if you are closed
>>>>source, we are commercial.
>>>>
>>>>I hope this was an answer to the question. Please let me know if you
>>>>have any further questions.
>>>>
>>>>
>>>>Kind regards,
>>>>
>>>>Marten
>
>


-- CONFIDENTIALITY NOTICE --

This message is intended for the sole use of the individual and entity to whom it is addressed, and may contain
informationthat is privileged, confidential and exempt from disclosure under applicable law. If you are not the
intendedaddressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use,
copy,disclose or distribute to anyone the message or any information contained in the message. If you have received
thismessage in error, please immediately advise the sender by reply email, and delete the message. Thank you.