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Politech: John Palfrey's report from Boston in GPL MySQL license lawsuit

Feb 28, 2002, 06:28 (12 Talkback[s])
(Other stories by John Palfrey)
"I thought I would offer one person's take on what just transpired in Courtroom 13 at the US District Court in Boston, where Judge Patti Saris heard arguments in the complex dispute between MySQL and NuSphere/Progress, which centered in no small part on the use of open source software said to be governed by the GPL.

As previous posts to politechbot reported earlier, both sides had sued the other last summer. At this stage, Judge Saris was considering whether to grant a preliminary injunction on two issues: 1) NuSphere's use of the MySQL-related trademarks and 2) NuSphere's use of certain code developed by MySQL and governed by the GPL as part of its Gemini product. Though she did not issue any orders on the spot, Judge Saris made it plain that she intended to issue a preliminary injunction against NuSphere's use of the marks in question (likely with 90 days to stop usage of the marks) and that she was not going to issue a preliminary injunction in the more complicated matter of the use of the MySQL code and terms the GPL.

1. The trademark issue was a fairly straight-forward contract construction discussion, with no cutting edge issues involved (from my perspective). She started with the presumption that irreparable harm existed, and never moved far off that point."

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