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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.
http://pacer.mad.uscourts.gov/dc/opinions/saris/pdf/progress%20software.pdf
------
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.
regards,
alexander.
- license question with non-GPL library, Scott, 2006/08/15
- Re: license question with non-GPL library, Merijn de Weerd, 2006/08/16
- Re: license question with non-GPL library, Rui Miguel Silva Seabra, 2006/08/16
- Re: license question with non-GPL library, Alexander Terekhov, 2006/08/16
- Re: license question with non-GPL library, David Kastrup, 2006/08/16
- Re: license question with non-GPL library, Alexander Terekhov, 2006/08/16
- Re: license question with non-GPL library, David Kastrup, 2006/08/16
- Re: license question with non-GPL library, Alexander Terekhov, 2006/08/16
- Re: license question with non-GPL library, David Kastrup, 2006/08/16
- Re: license question with non-GPL library,
Alexander Terekhov <=
- Re: license question with non-GPL library, Merijn de Weerd, 2006/08/16
- Re: license question with non-GPL library, Alexander Terekhov, 2006/08/16
- Re: license question with non-GPL library, Alexander Terekhov, 2006/08/16
- Re: license question with non-GPL library, David Kastrup, 2006/08/16
- Re: license question with non-GPL library, Alexander Terekhov, 2006/08/16
- Re: license question with non-GPL library, David Kastrup, 2006/08/16
- Re: license question with non-GPL library, Alexander Terekhov, 2006/08/16
- Re: license question with non-GPL library, Merijn de Weerd, 2006/08/16
- Re: license question with non-GPL library, Alexander Terekhov, 2006/08/16
- Re: license question with non-GPL library, Alexander Terekhov, 2006/08/16