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In other words you can cheat
Flip this around...

MS decides it would like to use the ext3 filesystem (a standard Linux fileystem) for Windows Vista. Problem is, it's GPL.

So they package it into a late-loading module, and proceed to use it...

I don't think it would fly in court, for either ext3 or InnoDB. This may fit the literal letter of the GPL, but it certainly doesn't fit the intent of the GPL as applied to InnoDB. All legal documents are subject to a fair amount of interpretation. Natural languages are inherently imprecise. If InnoDB puts a notice on their website saying "If you want to use this in non-GPL software, you need to buy a Commercial license," then their intent is clear to everyone, and the license will be interpretted be applied to InnoDB under those terms.

Also, the intent of allowing GPL'd modules to be loaded by non-GPL software is so that people can write GPL extensions for commercial software, not so that commercial software can include non-GPL extensions.

It's just like Linus Torvalds put a note at the top of the Linux license that says essentially says "commercial application software can link to the kernel even though the kernel is GPL without becoming GPL itself, because that's how the kernel is used, and it's not creating a derived work." He's clarifying the intent of the GPL as applied to the linux kernel, because a literally interpretted GPL wouldn't work.
Posted by: Erik1234   Posted on: 10/16/05 You are currently: a Guest | Members login | Terms of Use

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MySQL taking over Innobase is NOT an option  Erik1234 | 10/14/05
Not true  Nigel Johnstone | 10/14/05
Viral Effects triggered by Linkage  Erik1234 | 10/14/05
Not so, Fork Away!  Nigel Johnstone | 10/14/05
In other words you can cheat  Erik1234 | 10/16/05
Cheat? On the contrary  Nigel Johnstone | 10/16/05
As long as comercial software does NOT need to link with InnoDB, ok  DonnieBoy | 10/14/05
I just realised, they don't even need to fork  Nigel Johnstone | 10/14/05
Again with the paranoia  georgef | 10/14/05
Maybe they just wanted Linux DB programmers  Nigel Johnstone | 10/15/05
its not just for programmers  georgef | 10/15/05
Is to stiple improvement?  joemartn | 10/15/05
It will be a kill  joemartn | 10/15/05
if MySQl is a threat to Oracle.....  NemesisNL | 10/16/05
It's definitely a bigger threat to MS SQL.  Immanuel Tranz-Mischen | 10/16/05
Free databases are a huge benefit to commercial vendors  Immanuel Tranz-Mischen | 10/16/05

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