Has anyone looked into the product by www.hype ric.com before?

[Bernd Petrovitsch]

On Die, 2004-05-25 at 10:38, Ben Clewett wrote:
> Just a comment.  I had an argument in some depth with MySQL about why 
> they force people to buy there product.  My understanding is, and I hope 
> other people will correct me:
> 
> You can't sell GPL as-is.

Wrong. You are allowed to sell GPL-Software as any price you want (if
you find a customer is another question).

> You can sell support licenses, installation, the hardware it sits on, 
> configuration, help, the box and CD's it comes in.  But not the program.

Yout *can* sell GPL software. Even in the USA.

> MySQL *claim* you can sell GPL code if a you extend the product and sell 
> the result.  Therefore breaking the GPL.  You are effectively buy a 
> license which revokes the GPL for your specific case.

Yup can sell extended GPL code. Wether your extensions are under the GPL
or not, depends on the modifcations. If your extension cannot run (or
make sense) without the (imported/downloadet) GPL core, then your
extension is clearly under the GPL - with all advantages and
disadvantages.
And you cannot revoke the GPL with any action you take (except all
pwners of the copyright/"Urheberrecht" agree to license the software
under a different license) - some people actually do this: They odffer a
free version on the web and sell commercial versions with a proprietary
license (but you cannot import a GPL'ed patch for the free version into
the proprietory version since you would also import the GPL, which you
probably do not want in that case).
If your action violates the GPL, you are not allowed to do take that
action.

> MySQL further claim than an extension of GPL includes any product which 
> uses any part of theirs, and no other interoperable system.  Which 
> includes use of the GPL drivers and other code used within foreign code.
> 
> Therefore if any other company took Nagios, used any part of it as the 
> basis of another product which they then sold, this is illigal.   But 
> you can charge them a wopping great license to revoke the GPL....

I didn't understand the last paragraphs.

> This can be changed by adopting the LGPL license, which waves rights on 
> your code used in foreign code.  Which is the same as the BSD license 
> used by PostgreSQL.

No, BSD-License and LGPL are not quite similar (RMS would probably
stated this in stronger words ;-).
A LGPL-library can be linked (as in "compile and link") against
propriatory code without importing a license. If you link a GPL-library
against your proprietory code, your proprietory code is under the GPL.

> It must be noted that all of this is untested by law, including MySQL's 
> claims that there interperation is correct.

Actually the GPL itself it untested in court - and as it seems not even
SCO (including the anonymous financiers in the back) will get it into
court.

[Fullquote removed]

	Bernd
-- 
Firmix Software GmbH                   http://www.firmix.at/
mobil: +43 664 4416156                 fax: +43 1 7890849-55
          Embedded Linux Development and Services



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