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Judge Saris defers GNU GPL Questions for Trial in MySQL
vs. Progress Software
[ A plain text version of this press release is available in
English and
French ].
Media Contact: Free Software Foundation
Bradley M. Kuhn <pr@fsf.org>
Phone:+1-617-542-5942
Boston, Massachusetts, USA
- Friday, March, 1, 2002 -
In a decision handed down today in Boston, US District Judge Patti
B. Saris ruled on the preliminary injunction motion in MySQL AB
vs. Progress Software Corp. On the trademark dispute, on which the
Free Software Foundation (FSF) takes no position, she has ruled that
Progress Software is enjoined from marketing products under the MySQL
trademarks until trial.
On the matter of Progress' distribution rights under GNU GPL, she has
not granted an injunction. In the public hearing this week, Judge
Saris made clear that she sees the GNU GPL to be an enforceable and
binding license, but that as long as Progress Software appears to be
presently in compliance with the GNU GPL, there is probably no
irreparable harm being caused to MySQL AB. Since Progress did
previously distribute in violation of the GNU GPL and thus did harm
MySQL AB and the Free Software community, the FSF expects MySQL to
prevail at trial on these claims. The Court recognizes in today's
order that MySQL “seems to have the better argument”.
The Court fully recognized the need for expert testimony at trial
about the GNU GPL and the technical facts at hand, particularly as to
why static linking of software components into a single, unified,
compiled binary forms a derivative work of the original components.
As publishers of the GNU GPL and defenders of software freedom, the
FSF has a basic ethical imperative to educate the public and the
judiciary about the license and its terms. The FSF respects the due
process of law, and thus plans to continue to offer our General
Counsel as an expert witness; Professor Moglen has donated his time
to the MySQL legal team, as he donates his time to the Foundation,
for the public good. The FSF believes that the best way to serve the
Free Software community is to educate and clear up common
misconceptions about the GNU GPL, and will continue to do so despite
attacks from those who oppose software freedom.
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