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Re: license question with non-GPL library

From: Alexander Terekhov
Subject: Re: license question with non-GPL library
Date: Wed, 16 Aug 2006 11:48:42 +0200

I won't plonk you this time, idiot. Keep embarrassing yourself. MySQL 
won on trademark portion but lost on the GPL portion (which had nothing
to do with trademarks) of its claim for preliminary injunctions.

the Court finds that MySQL has demonstrated a substantial likelihood of 
success on that portion breach of contract claim that concerns its 
trademark. Specifically, MySQL has demonstrated (1) that the agreement
between the parties was an interim agreement that terminated after 
August 2000; and (2) that Progress violated Paragraph 6 of that agreement 
by using the MySQL trademark after the termination and by using an 
unauthorized combination trademark. Continued use of the trademark will 
cause MySQL irreparable harm as a matter of law.


Accordingly, the Court orders that Progress be preliminarily enjoined, 
pending a trial on the merits, from:

(1) Promoting or selling any products and services using the MySQL™ mark 
in any form;

(2) Registering or using domain names that contain the MySQL™ mark; and,

(3) Operating websites that use any form of the MySQL™ mark.

Progress may, however, state that its product operates with the MySQL 
program. Progress shall comply with this order within 45 days. MySQL 
shall post a bond of $25,000.00.

With respect to the General Public License (“GPL”), MySQL has not 
demonstrated a substantial likelihood of success on the merits or 
irreparable harm. Affidavits submitted by the parties’ experts raise a 
factual dispute concerning whether the Gemini program is a derivative 
or an independent and separate work under GPL ¶ 2.

So MySQL lost and didn't get an injunction regarding alleged violation
of the GPL, retard dak.


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