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NewsForge: GPL enforcement goes to court for first time in MySQL case

Feb 26, 2002, 20:55 (29 Talkback[s])
(Other stories by Tina Gasperson)
"MySQL AB, the originator of the MySQL GPL database, is taking Progress Software Corporation, the corporate parent of NuSphere to court because it continues to distribute a database product that links statically to MySQL's code. The product was originally released without the accompanying source code. The Free Software Foundation's chief legal counsel, Eben Moglen, is set to provide expert testimony in a hearing Wednesday at 2 p.m. in what is the first court test for Richard Stallman's GNU General Public License.

That's a "garden variety" violation of the GPL, Moglen says.

Additionally, "We don't expect to have any problem enforcing the GPL in this situation," says Bradley Kuhn, FSF's vice president. Normally, he says, the Free Software Foundation conducts private enforcement of GPL violations on software that it holds the copyright on. In this case, MySQL retains the copyright on its GPLed apps, and the FSF is simply providing expert testimony in what is expected to be an easily-gained temporary injunction against the further distribution of NuSphere's version of MySQL."

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