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FC: NuSphere replies to Politech post about FSF and Boston lawsuit

------- Forwarded message follows ------- Date sent: Wed, 27 Feb 2002 13:08:20 -0500 To: politech@politechbot.com From: Declan McCullagh <declan@well.com> Subject: FC: NuSphere replies to Politech post about FSF and Boston lawsuit Copies to: mlorion@nusphere.com Send reply to: declan@well.com

Previous Politech message:

"Boston judge to hear first test of GNU license used in MySQL" http://www.politechbot.com/p-03188.html

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From: "Mark Lorion" <mlorion@nusphere.com> To: <declan@well.com> Date: Wed, 27 Feb 2002 12:02:06 -0500

Declan,

I noticed that you posted a note on your site about the NuSphere/MySQL AB legal dispute. While we appreciate your interest in the case, we would appreciate an opportunity to present our side of this complex issue.

The dispute between NuSphere and MySQL AB originated as a dispute over trademark rights, not the GPL. MySQL AB raised GPL issues after the fact as a legal tactic. MySQL AB and the Free Software Foundation contends that NuSphere violated the GPL by simply linking proprietary software to the MySQL system using a public API. MySQL AB is interpreting the GPL so broadly that any commercial software that comes into contact with free software must also become free. By that standard, a commercial email program would violate the GPL if it downloaded mail from a GPL-compliant mail server. NuSphere regards this as an extreme interpretation of the GPL and believes that MySQL AB's injunction against NuSphere is an inappropriate case by which to test the GPL in a court of law.

Please note that we have issued a Media Alert to the business wires this morning responding to these false claims by the Free Software Foundation. Given your interest in this case, I have taken the liberty to attach a copy of this release as well as a letter from our president, Lorne Cooper. Related legal documents are also available on our website: http://www.nusphere.com/releases/index.htm

I'd be happy to clarify any points and can organize a call with Lorne Cooper if you'd like.

Regards, Mark Lorion

---------------------------------------------------------------------- --- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ ---------------------------------------------------------------------- ---

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