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Re: updated mysql exception clause draft



On Thu, May 13, 2004 at 02:43:00AM -0400, Andres Salomon wrote:
> The mysql folks are preparing 0.2 of their FLOSS exception.  The
> current draft can be seen here:
> 
> http://zak.greant.com:8888/licensing/getfile/licensing/FLOSS-exception.txt?v=1.4

  MySQL FLOSS License Exception

  The MySQL AB Exception for Free/Libre and Open Source Software-only
  Applications Using MySQL Client Libraries (the "FLOSS Exception").


  Exception Intent
  We want Free/Libre and Open Source Software applications to be able to use
  GPL-licensed MySQL software despite the fact that not all of those licenses are
  compatible with the GPL. Therefore we have issued the following exception:


  Legal Terms and Conditions
  As a special exception to the terms and conditions of version 2.0 of the
  GPL:

  0. You are free to distribute Derivative Works that are formed entirely from
     the Program and one or more works licensed under one or more of the licenses
     listed below in section 1 without affecting the license terms of the works,
     as long as:

     a. You obey the GNU General Public License in all respects for the Program

I'd say "comply with the terms of the GNU General Public License", rather than
"obey the GNU General Public License in all respects".  Do they really care
about the Preamble or "How to Apply These Terms To Your New Programs"?

        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,

     b. 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, are subject to one of the licenses listed
        below,

  If the above conditions are not met, then the Program may only be copied,
  modified, distributed or used under the terms and conditions of the GPL or
  another valid licensing option from MySQL AB.

With the caveat above, I don't really see a problem with this permission grant.

  1. License List

  License name                                       Version(s)/Copyright Date
  Academic Free License                                                    2.0
  Affero GPL                                                               1.0
  Apache Software License                                          1.0/1.1/2.0
  Apple Public Source License                                              2.0
  Artistic license                                             From Perl 5.8.0
  BSD license                                                   "July 22 1999"
  Common Public License                                                    1.0
  GNU General Public License (GPL)                                         2.0
  GNU Library or "Lesser" General Public License (LGPL)                2.0/2.1
  Jabber Open Source License                                               1.0
  MIT License (As listed in file MIT-License.txt)                            -
  Mozilla Public License (MPL)                                         1.0/1.1
  Open Software License                                                    2.0
  PHP License                                                              3.0
  Python license (CNRI Python License)                                       -
  Python Software Foundation License                                     2.1.1
  Sleepycat License                                                     "1999"
  W3C License                                                           "2001"
  X11 License                                                           "2001"
  Zlib/libpng License                                                        -
  Zope Public License                                                      2.0

  Due to the many variants of some of the above licenses, we require that any
  version follow the Free Software Foundation's Free Software Definition
  (http://www.gnu.org/philosophy/free-sw.html) or the Open Source Definition by
  the Open Source Initiative (http://www.opensource.org/docs/definition.php).

Aww, we don't rate?  :)

I'm not sure exactly what this paragraph means.  Does that mean that the
license text must match that archived by the FSF or OSI, or that the
license text as used in a particular case must have been approved as
Free Software or Open Source by the corresponding organization?

"Follow" is a pretty vague term here, and should be replaced with
something more clear.

  2. Definitions

  a. Terms used, but not defined, herein shall have the meaning provided in
     version 2 of the GPL.

     b. Derivative Work means a derivative work under copyright law.

> The most notable differences are the addition of some licenses, and the
> removal of the derived-work-may-not-bundle-mysqld clause.  For reference,
> the current version can be seen here:
> 
> http://www.mysql.com/products/licensing/foss-exception.html
> 
> Can anyone spot anything else in the draft that might
> keep us from being able to link things against libclientmysql12?

I suspect we'll still have to assess the linkages on a case-by-case
basis, or at least be prepared to do so if someone raises a fuss.

Does that answer your question?

-- 
G. Branden Robinson                |    A committee is a life form with six
Debian GNU/Linux                   |    or more legs and no brain.
branden@debian.org                 |    -- Robert Heinlein
http://people.debian.org/~branden/ |

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