MySQL AB Settles With NuSphere

PCM2 writes "It appears that MySQL AB has settled its dispute with NuSphere over use of the MySQL trademarks. CEO Marten Mickos has punctuated the occasion with a donation to the FSF -- but there's no mention of what the actual terms of the settlement were, and there's no statement on NuSphere's site either (yet)."

I got an email from Monty about it:

[Blimey85]

Hi!

MySQL AB is pleased to announce that it has settled its lawsuit with Progress Software Corporation and NuSphere Corporation. For more information, see the joint press release at

http://www.mysql.com/press/release_2002_14.html [mysql.com]

Regards, Monty

Good News

[mwdib]

Pleased to see the settlement. I've made extensive use of Nusphere's mysql-related product line and PHPEd. Excellent products in a nicely bundled form. BTW, I think Nusphere has some of the best mySQL training around.

Recap, FAQ

[nsushkin]

The original post doesn't explain the nature of the dispute. From the Dispute FAQ [mysql.com], I gather that the dispute is about MySQL trademark/brand.

• Monty created MySQL as GPL software and later formed MySQL AB to commercialize it.
• NuSphere sells non-GPL software statically linked to MySQL. NuSphere ships product in GPL violation. NuSphere acquires mysql.com domain.
• MySQL AB complains, MySQL AB tries to get mysql.com domain back.
• NuSphere sues MySQL for interference in business
• MySQL AB countersues for trademark and license infringement
• They bicker
• They finally settle

Re:Recap, FAQ

[nsushkin]

Note, that the Dispute FAQ reflects the point of view of MySQL AB [mysql.com].

As of now, NuSphere's website [nusphere.com] doesn't seem to have any information about the dispute and search for "MySQL" [nusphere.com] returns

NuSphere MySQL is a fast, reliable relational database management system for developing database-driven Web sites. The integrated distribution of MySQL, Apache, Perl, ..

Oracle and MySQL are not swimming in the same sea.

[jpetts]

I think MySQL will eventually be the dominant database for two reasons:

• It's easier/faster
• It cots a lot less than Oracle

I use MySQL and Oracle 8i and 9i in my professional and personal lives, and while MySQL is very useful for quick 'n' easy databases, it is not something I would want to build a real-life large application around, for the simple reason that it is SO nice to be able to embed a nice set of business rules right in the database. That, for me, gives Oracle the edge currently. And yes, MySQL will, I have no doubt, grow these features essential for large and complex applications. And guess what? It will get slower/harder as it does so, and I also believe it will get more expensive.

Re:What I think is particularly funny...

[sapgau]

I agree on how MySQL presents itself unbaised and openly...BUT

It still can't replace Oracle...
Once it can achieve Transactions, Subselects and a basic implementation of Triggers and Stored Procedures then it will really be considered a viable option to most problems that use Oracle right now.

Or, if we put it the other way around: if, for the current applications that use MySQL, you replace it with Oracle it would be overkill.

Maybe by the next iteration in it's design MySQL will offer more functionality... meanwhile PostgresSQL is the alternative.

Re:Overview of the issues, please?

[Anonymous Coward]

As far as i can tell:

• MySQL offers two versions of their product: a closed-source and a GPL version. The two are absolutely identical except for license. If you want to use MySQL, you just download the free GPL version. However, if you want to incorporate the code to MySQL into one of your own projects, you must either abide by the terms of the GPLed version, or you must pay MySQL AB-- the corporation who owns the copyright on MySQL's code-- for a license to incorporate the non-GPL-restricted version.
• Nusphere entered into some kind of "interrim" contract with MySQL AB whereby they licensed the code, to incorporate into their own "improved" version of MySQL. However, MySQL AB claims that this contract was limited-time, and had expired utterly by the time this next bit happened:
  
• Nusphere registered Mysql.org, on which they then set up and started selling their closed-source "improved" version of MySQL. This website presented itself as if Nusphere were the creator of MySQL, and did not at any point reveal to readers of the website that they were selling a product that was A) created by others and B) available for free elsewhere.
  
• Then Nusphere sued MySQL, but i don't know why.
  
• About a month after this MySQL sued Nusphere on two counts, first that they were in violation of the GPL by selling their product closed-source-- since the unrestricted licence Nusphere had obtained had expired by this point-- and second that they were in violation of trademark law, because they said that even though the GPL gave nusphere the right to the code, it did not give them to right to market under the "MySQL" name or at the mysql.org internet address.
  

Please correct anything i have wrong. There are a couple FAQs linked elsewhere in this discussion.

Re:Thanks for the support

[proj_2501]

They say in the 4.1 tree Subselects are being worked on. [mysql.com]

Re:Recap, FAQ

[Svenne]

Except that NuSphere aquired mysql.org, not com. mysql.org has never belonged to MySQL AB, it's just that it used to point directly at mysql.com before NuSphere aquired it.

Re:GPL

[Bruce Perens]

He's right. We can't find a sucker to be the defendant, because it very truly is a lose-lose proposition.

Bruce

Re:What I think is particularly funny...

[Bruce Perens]

The underlying database, which was Sleepycat the last time I checked, has been transactional for quite some time. Go look at their site or even read their book. I don't know what the status is of transactions in the SQL engine.

Bruce

Re:What I think is particularly funny...

[Bruce Perens]

It is transactional with Sleepycat, and ACID with InnoDB. Subselects are currently in development for 4.1 . Stored procedures are planned for 5.0 . They are looking at triggers.

Bruce

Re:More good news for MySQL

[bigiain]

> I thought it was Sleepycat Software's Berkeley DB with a SQL engine.

It can be.

It uses (according to the doco I've got here) any of 5 different table types, BerkleyDB being just one of them.

see the mysql doco [mysql.com] for details

Part of the Settlement

[Corydon76]

Well, if you look in the WHOIS database, part of the settlement is listed there. Looks like MySQL AB now owns the domain mysql.org and not NuSphere anymore.